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Services

Valuation

Edward O'Neal — a former academic and SEC economist — leads our valuation practice assisted by Regina Meng — a former Big-5 consultant. We have extensive experience providing valuation services in breach of contract, business interruption, and other commercial disputes as well as in non-litigation contexts.

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Our Areas of Expertise

Business Valuations

Business valuations are based on discounted projected cash flows, recent sales of comparable businesses, and the market value a company's net assets. A quality valuation considers industry and demographic trends, discounts for lack of marketability and control, and the sensitivity of results to the underlying assumptions.

Using our experts' extensive valuation experience and training, we provide valuation opinions for small businesses going through a merger or sale, as well as valuations for tax or litigation purposes.

Business Interruption

We provide objective measures of lost profits due to business interruption for companies filing insurance claims or claims against entities that have harmed business operations. These include claims against municipalities, landlords and competitors.

Commercial Disputes

Competitors often go too far, infringing on patents, using predatory pricing, or making false defamatory statements. Our valuation services experts provide an objective, reliable estimate of how much money the unfair practices have cost your business.

Partial Interests of Trusts

Valuing a trust with multiple beneficiaries can be difficult, especially if the beneficiaries receive their distributions at different points in time, over differing time horizons, or only after another beneficiary has passed away. We use Monte Carlo simulations to determine how a specific investment strategy will affect the percentage of fund assets distributed to each beneficiary.

The simulations allow our experts to take into account each beneficiary's age, the timing of distributions, different distribution plans, and the risk and return of the investment portfolio.

Trust Disputes

Trusts with multiple beneficiaries need to balance the objectives of the various beneficiaries. When funds are mismanaged and investment objectives are not properly followed, one or more of the beneficiaries may receive a diminished payout. We use Monte Carlo simulations to determine how a specific investment strategy will affect the distributions to income beneficiaries and remainder beneficiaries. The simulations allow our experts to take into account the income beneficiary's age, different distribution plans, and the risk and return of the investment portfolio.

Marital Dissolution

In cases of marital dissolution, family assets need to be valued before they can be divided. When those assets include family businesses, trusts, or illiquid investments, it can be difficult to determine a relevant market price. We apply our extensive history valuing illiquid investments, taking into consideration discounts for lack of control or marketability, whether the court requires a fire-sale price or a going concern value, and the value of the assets to different potential buyers.

Breach of Contract

Regardless of why a contract has been broken, the breach often leaves one party in a disadvantaged financial position. Our experts calculate the extent of the financial harm to the hindered party by comparing the actual cash flows to the cash flows that would have occurred if the contract had not been breached. Our experts use reasonable cash flow forecasts and discount rates to provide objective, reliable opinions and testimony.

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