Dispute Advisory

We assist clients and their legal representatives with the quantification of economic damages in a wide range of commercial disputes. Our work includes lost profits, diminution in value, unjust enrichment, reasonable royalty, reliance damages, out-of-pocket losses, and other financial measures relevant to litigation, arbitration, mediation, and settlement. We develop clear, well-supported analyses tailored to the facts, legal theories, and evidentiary record of each matter.

We advise companies and their legal representatives on issues related to the value of businesses, financial instruments, intellectual property, inventory, and intangible assets. We rely on generally accepted valuation analyses which are defensible under scrutiny and rely on comprehensive reviews of case-specific financial, economic, and industry information.

We support clients and their legal representatives in resolving complex contract disputes where financial, accounting, and commercial issues are central to the matter. These disputes often arise from ambiguous contract language, differing interpretations of economic intent, or disagreements over performance, pricing, or obligations under the agreement. Our professionals analyze contractual provisions alongside underlying financial records, operational data, and industry practices to clarify the economic substance of the dispute. We assist in matters involving breach of contract, pricing and margin disputes, supply and distribution agreements, service-level disagreements, and long-term commercial arrangements.

We advise on disputes arising from mergers, acquisitions, and other transactions, including working capital adjustments, purchase price mechanisms, earn-outs, indemnification claims, alleged representations and warranties breaches, and post-close accounting issues. Our professionals analyze financial records, transaction documents, accounting policies, and historical practices to help clients and counsel assess disputed positions and quantify the financial implications.

We perform ability to pay analyses to assess the financial capacity of an individual or entity to satisfy a judgment, settlement, regulatory obligation, or other financial claim. These analyses are often critical in litigation, enforcement actions, restructuring negotiations, and settlement discussions. Our work involves a comprehensive review of financial statements, cash flows, liquidity, capital structure, and contingent obligations. We evaluate both the current financial position and forward-looking capacity, considering operational performance, access to capital, asset realization, and competing claims on cash flow.

We support matters involving disputed accounting treatment, financial statement presentation, revenue recognition, reserves, financial instruments, auditor-related issues, and internal control questions. Our team provides independent analysis of GAAP, financial reporting, and related accounting issues that often sit at the center of litigation, arbitration, or contentious negotiations.

We assist clients and their legal representatives on several types of securities litigation including but not limited to the valuation of complex securities and derivatives, securities class actions, securities fraud, ERISA actions, insider trading and market manipulation, trading conduct, and financial disclosure litigation.

We provide independent analysis in disputes involving enterprise value, fairness, solvency, capital adequacy, reasonably equivalent value, and other contested financial questions. These issues frequently arise in shareholder litigation, restructuring disputes, fraudulent transfer matters, bankruptcy-related proceedings, fiduciary matters, and transaction-related litigation.

We conduct financial and intelligence-driven analyses to trace funds, identify asset movements, examine beneficial ownership and control structures, and support recovery strategies. These capabilities are particularly valuable in fraud-related disputes, insolvency matters, enforcement-sensitive situations, cross-border disputes, and cases involving opaque ownership, affiliated-party dealings, or suspected dissipation of assets.

We support disputes involving ownership rights, fiduciary conduct, self-dealing, diversion of assets, profit allocation, governance conflicts, and other contested issues among shareholders, partners, members, or directors. Our work helps clarify the underlying financial facts, quantify disputed value, and assess the economic consequences of alleged misconduct or contractual breaches.

We assist clients, trustees, and their legal representatives on matters involving alleged fraudulent conveyance or transfer, where the central questions often involve solvency, reasonably equivalent value, and intent. These cases frequently arise in distressed situations, restructurings, bankruptcies, and transactions involving affiliated parties. Our team conducts detailed financial analysis to evaluate solvency at the time of the transaction using accepted methodologies, including balance sheet, cash flow, and capital adequacy tests. We assess whether fair value was exchanged, analyze transaction structures, and examine the surrounding financial and operational context.

When disputes arise over R&Ws, whether involving undisclosed liabilities or misstatements, financial clarity is essential. Our team provides expert analysis, valuation, and strategic advisory services to help clients resolve complex post-deal disputes and protect the value of their transactions.

We support clients and their legal representatives in disputes involving intellectual property where financial valuation, economic impact, and damages are central issues. These matters often require a clear understanding of how intellectual property contributes to revenue generation, competitive positioning, and overall enterprise value. Our team analyzes the economic value of patents, trademarks, copyrights, trade secrets, and other intangible assets in the context of alleged infringement, misappropriation, or contractual disputes. We assist in quantifying damages, including lost profits, reasonable royalties, and unjust enrichment, while evaluating factors such as market dynamics, licensing practices, and the role of the IP in the business.

We assist clients and their legal representatives in high-stakes disputes and other matters involving complex debt transactions, credit negotiations, credit agreements, financing arrangements, and capital markets transactions, where the issues often center on valuation, market conditions, and the interpretation of complex financial structures. Our experience includes matters related to commercial reasonableness standards, alleged credit deficiencies, disputes over borrowing base calculations, covenant compliance, liquidity positions, and access to capital. We also support disputes arising from capital raising activities, securities offerings, debt issuances, and investor communications.

We provide economic and financial analysis in antitrust and competition-related disputes, where questions often involve market dynamics, competitive behavior, and the impact of alleged anti-competitive conduct. Our work includes assessing damages related to price fixing, monopolization, market allocation, exclusionary conduct, and other alleged violations. We analyze pricing trends, market structure, supply and demand dynamics, and competitive benchmarks to evaluate the economic effects of the conduct at issue. We also assist in developing and critiquing damages models, addressing issues of causation, pass-through, and class-wide impact.

We assist in disputes involving alleged breaches of fiduciary duty, where the central issues often include self-dealing, conflicts of interest, mismanagement, or failure to act in the best interests of stakeholders. Our team analyzes financial records, transactions, and governance decisions to assess whether fiduciary obligations were met and to quantify the economic impact of the alleged conduct. These matters frequently arise in shareholder, partnership, board-level, and restructuring contexts.
We evaluate issues such as diversion of assets, improper allocations, undervalued or conflicted transactions, and the financial consequences of alleged misconduct.

We support clients and their legal representatives in arbitration and mediation proceedings by providing independent financial analysis, expert insight, and strategic advisory services tailored to alternative dispute resolution forums. Our team assists in preparing expert reports, evaluating claims and counterclaims, and quantifying damages or exposure. We work closely with counsel to develop financial positions that are aligned with case strategy while remaining objective and defensible. In mediation contexts, we help assess settlement ranges, test assumptions, and analyze the strengths and vulnerabilities of competing positions.