Our Services
Successful litigation outcomes depend in no small part on the efficacy of expert witness testimony. While the art of providing testimony is a key component of litigation support assignments, testimony is always more effective if it is backed by a robust and credible analysis that can be communicated in an understandable fashion no matter how complex the details. In addition, an effective report can be a key tool in promoting settlement.
Our professionals have a strong record of success in a variety of disputes across a wide range of issues. We assist clients with expert consulting in all phases of litigation: pre-litigation strategy and assessments; discovery, expert analysis and reports; expert and fact witness depositions; settlement considerations; and trial. Our team has delivered expert witness testimony in state and federal courts and in alternative dispute resolution forums, and provided services in many cases that settled prior to trial.
If you are seeking valuation expertise in any of the following areas, contact Mitchell Fox Valuation Advisors today. In a brief consultation, we can assess your needs and determine how best to help you and your company. Contact us for more information.
Tax Controversies
Our experts have been called on to assist in the resolution of numerous tax disputes, including the provision of expert testimony in the U.S. Tax Court and the U.S. Court of Federal Claims in numerous cases. Our experience in this area of dispute resolution is deep and wide-ranging. As a result, we are often asked to provide second opinions or to replace other experts during the dispute resolution process. We fully understand the unique characteristics of litigation in the tax arena, from the requirements related to report preparation and format to the role of precedent.
In addition, our valuation professionals have been retained as experts by the Internal Revenue Service and the Department of Justice on issues ranging from executive compensation to the valuation of contingent legal claims. We have completed engagements involving the valuation of operating companies in industries as diverse as professional sports, retail, integrated oil and gas, and construction. Assignments have also included the valuation of non-compete covenants, discount studies for investment holding companies, discount studies for restricted public stock, discount studies for undivided interests in works of art, split dollar insurance arrangements, contingent claims and liabilities, and executive compensation.
Damages/Lost Profits Analysis
Attorneys and their clients regularly rely on Mitchell|Fox Valuation Advisors’ professionals to provide convincing, well-documented valuation and economic damage analyses in litigation proceedings. We provide services throughout the litigation process, from initial case strategy consultation to discovery requests to analysis of opposing expert opinions and finally, to trial testimony. Our experts have testified in state and federal courts on a wide variety of commercial disputes, including, breach of contract, business interruption, shareholder disputes, intellectual property disputes, bankruptcy and restructuring disputes, employment and injury disputes, and acquisition misrepresentation.
Marital Dissolution
Our professionals have provided valuation services in numerous marital dissolutions. Cases involving marital dissolution may involve the same valuation issues that arise with other practice areas or they may involve issues unique to family law and divorce. Assets in the marital estate often include privately held businesses and professional practices, stock options, pensions and other financial/investment assets, and compensation arrangements such as employment contracts. For a variety of reasons, the small business or professional practice can be one of the most difficult assets to value in a divorce. Complexities include differences from state-to-state regarding statutes and case law that impact valuation methodology. Other issues may include the appropriate standard of value, marital versus separate assets, personal and enterprise goodwill, adjustments to business income, “double-dipping,” pass-through income, and the tax effects of settlement options. We can review the specific circumstances of a case in a preliminary consultation and tailor our work product and fees to best meet your specific requirements.
Bankruptcy
Litigation issues in bankruptcy tend to focus on valuation and the examination of money flows into and out of a debtor. In many cases, we are asked to establish the value of the business under a Chapter 7 liquidation premise. In addition, we often provide an opinion as to business value under a Chapter 11 plan of reorganization, which outlines both the required reduction in obligations owned to pre-bankruptcy stakeholders and the capital structure of the new entity. In such an analysis, it is important to demonstrate the viability of the entity’s proposed capital structure, including the ability to service debt obligations given discretionary cash flow expectations. Our testifying experts have addressed the above issues in a variety of cases, including testimony on issues such as fraudulent transfer, solvency and reasonably equivalent value.
Labor and Employment
Disputes related to employment, injury or wrongful death present complex challenges in terms of quantifying potential damages. An objective analysis of the issues can provide the information necessary for moving a dispute toward resolution. We offer advisory services and expert testimony in several areas, including the following: wrongful termination and personal injury (lost wages); workers’ compensation; and breach of non-compete or other restrictive covenants.