Cases
Advertiser v. State of Washington
Data Analysis
Advertiser was sued by State of Washington for airing alleged misleading advertisements. Fine was to be assessed on a “per advertisement” basis. State of Washington’s count of advertisements included hundreds of thousands of rows of data in Excel based on thousands of PDFs. Through review of Excel file and source documents, discovered that many PDFs were identical copies and scanned into discovery two or even three times. Analyzed Excel file to create unique identifiers for each advertisement and determined there were hundreds of duplicates in the State of Washington’s file. Judge selected our advertisement count without modification, saving the advertiser hundreds of thousands of dollars in fines.
Client v. Intellectual Property Infringer
Lost Profits
Client provided source code of a proprietary software to an adjacent software provider for system integration. Some time after source code was provided, the adjacent software provider announced a competing product. As a result of the alleged intellectual property infringement, client lost its largest customer to the infringer. Calculated lost profits from competing and infringing product, resulted in damages of tens of millions of dollars from largest customer and other lost customers.
Co-Personal Representative Dispute
Forensic Accounting
Co-Personal Representatives of a multi-million dollar estate had competing claims of breach of fiduciary duties and self-dealing. Reviewed years of bank statements from multiple accounts and provided a summary of unaccounted transactions to inform the court’s ruling.
Startup Business Valuation
Share Gifting
Startup software company gave top executives shares in the company. Top executive wished to gift shares to a family member. Valued the pre-revenue software company using Discounted Cash Flow method and reconciled value indicated against the latest funding round, arriving at a value of over $1 billion. To allocate value to the gifted shares, utilized the Option Pricing Model across 6 classes of shares with 10 different equity breakpoints. Worked closely with CEO, CFO, COO, and corporate counsel to finalize valuation report on time for gifting.
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Restaurant and Wholesale Supplier
Insurance Claim
A restaurant and meat wholesaler’s building suffered a devastating fire resulting in total loss of operations. Insurance carrier’s expert performed loss calculations resulting in carrier offering the business owner 35% of policy limit. Reviewed and re-calculated business owner’s losses and presented loss schedules, resulting in the business owner receiving 100% of policy limit.
Family Minority Owners v. Takeover Shareholder
Forensic Accounting
A well-respected family business sold a majority ownership interest to an out of town businessman who had been a long-time customer. For years, the new shareholder treated the family business as his personal piggy bank, offering his friends and himself sweetheart deals on the product. Each product sale was for tens of millions of dollars. After years of mismanagement and self-dealing, the family business was in financial ruin. Reviewed and summarized over 10 years of business performance and insider transactions to show related party deal losses. Resulted in a favorable settlement for family minority owners.
Profitable Retail Store
Marital Dissolution
Valued a profitable retail store owned by husband and wife for the purpose of marital dissolution. Hired by wife (out-spouse) to value the business for the marital estate. Interviewed husband and wife to understand the business’s operations, assets, and future prospects. Both husband and wife felt their perspective was acknowledged in the valuation report which resulted in a settlement prior to trial.
Customer v. Manufacturer
Lost Profits
Customer ordered millions of dollars of a new high-end product from a long-time manufacturer. Manufacturer assembled product with material defects which resulted in products that fell apart and were unsuitable for sale in the marketplace. Customer refused to pay for defective products. Manufacturer sued for breach of contract and failure to pay for the work performed. Customer counterclaimed for expenses incurred as a result of the defects and lost profits. Expert report and testimony for customer to calculate expenses incurred and lost profits from year 1 and year 2 of lost sales resulting in millions of dollars of damages.
Dispensary Shareholder Dispute
Valuation in Dispute
Competing claims of breach of fiduciary between a group of majority shareholders and a 25% shareholder of a dispensary in Oregon. Both parties agreed to a buyout of the 25% shareholder’s interest but they had no agreement about how to value the 25% interest. Provided expert report and testimony valuing the 25% interest in the dispensary presented before an arbitrator.