The world of commercial litigation often involves complex financial issues. While corporate leaders may be the best in their own lines of work, evaluating claims of economic damages means charting unfamiliar waters. When legal decisions are at stake, there’s no room for uncertainty.
With hundreds of cases under our belt, Conway MacKenzie brings the necessary experience and expertise to the courtroom needed to improve our clients’ opportunities for success. We specialize in a broad range of litigation advisory services in matters requiring forensic accounting, financial analysis, business valuation and economic damages quantification. From bankruptcy to intellectual property, antitrust to securities, we have subject matter expertise to address virtually any business dispute.
A common misperception is that the financial expert’s role is black and white and that we just crunch numbers — far from it. Litigation is all about navigating the grey and developing creative solutions to difficult problems. Creative problem solving is an area where Conway MacKenzie’s experienced professionals excel.
As consultants to counsel or as expert witnesses, we investigate, analyze and present the economic issues, bringing order and clarity to the financial evidence. Judges and juries may be confronted with complex and confusing technical information and evidence – a fact that Conway MacKenzie consultants understand. Experienced in the fine points of courtroom presentation, communication and use of graphic and physical aids, we adeptly transform abstract notions into recognizable processes to help decision-makers comprehend the issues. Our qualifications, commitment to rigorous analysis, and thorough preparation have earned us a reputation for providing credible and effective expert testimony.
Due to our depth and breadth, we are able to take on a wide range of projects, from smaller litigation matters where budgetary issues are at the forefront to “bet the company” disputes where failure is not an option. By appropriately staffing and managing engagements, we bring the right resources to deliver results for our clients.
Conway MacKenzie’s litigation advisory services consultants are among the most highly experienced and credentialed in the business, including Certified Public Accountants, Chartered Financial Analysts, Certified Fraud Examiners, Accredited in Business Valuation Specialists, Certified in Financial Forensics Specialists, Certified Valuation Analysts and Certified in Distressed Business Valuation.
Our Scope of Services:
Quantification of Economic Damages – The quantification of economic damage claims is a critical element of most litigation proceedings. We assess and quantify claims of economic damages and lost profits in virtually all types of litigation, including:
- Securities violations
- Intellectual property disputes
- Business interruption
- Shareholder disputes
- Business torts
Conway MacKenzie’s anti-corruption team consists of experienced professionals delivering services including bribery and corruption investigations, forensic analysis, risk and internal controls assessments and profit disgorgement and ability to pay analysis.
As companies expand internationally, they are exposed to a wide spectrum of operational and financial risks, including bribery and corruption activities. Companies that encounter issues with the Foreign Corrupt Practices Act (FCPA), or other similar laws, face costly investigations and a variety of operational disruptions. Once a potential violation or fraudulent behavior is identified, companies must act swiftly and diligently to investigate and report such findings. Subsequently, these organizations are required to establish the appropriate procedures and controls to reduce future risks of corruption.
Once a potential act of bribery or corruption is identified, companies are required to perform a timely and diligent independent investigation. Conway MacKenzie’s seasoned team of professionals is well-equipped to support such investigations, including:
- Interview appropriate parties involved
- Review and analyze all electronic communications between parties
- Comprehensive financial analysis surrounding the transaction
- Data analytics and reporting
Companies are often required to analyze various financial systems and a wide array of financial data to make the appropriate determination or to comply with reporting requirements. Conway MacKenzie has the forensic experience and analytical tools to identify critical data inputs, assess financial system capabilities, and validate report outputs to structure an argument in a legal setting.
Companies operating across the globe face a variety of bribery and corruption risks, especially when engaging with local third-parties, vendors, distributors, and joint venture partners. Conway MacKenzie can help companies implement an effective and preventive anti-corruption and risk management function, including:
- Evaluation of compliance risks across each international location
- Analysis of high-risk subsidiaries, employees and transactions
- Assessment of internal controls and procedures
- Mitigation through mapping of risks to controls
- Interviews of relevant parties
Enforcement actions often require the determination of gains received illegally and supporting calculations demonstrating an organization’s ability to pay (i.e. large fines). Our team can assist a company with the following services:
- Interfacing with company management and employees
- Financial and accounting data analysis
- Determination of profit disgorgement
- Financial modeling to support ability to pay
- Reporting to government authorities and regulatory agencies
Conway MacKenzie’s Litigation Advisory Services professionals have served as Examiners appointed by the Office of the United States Trustee and have been admitted as experts to resolve bankruptcy disputes in a number of high-profile bankruptcy and distressed business litigation assignments. The depth of our analysis and strength of our conclusions often facilitates consensual settlement by the parties. Conway MacKenzie’s professionals have helped clients resolve many contentious bankruptcy and distressed business issues, including the following:
- Plan feasibility
- Business viability
- Whether plan is in the best interest of creditors
- Whether plan proposed in good faith
- Liquidation value and reorganization value
- Adequate protection
- Relief from stay
- Value of collateral
- §363 sales
- Contested bankruptcy bid processes
- Stock lock-up agreements and bylaw restrictions
- Claims trading
- Fraudulent conveyance claims
- Balance sheet test, cash flow test and capital adequacy tests
- Preference recovery claims
- New value and ordinary course defenses to preference recovery actions
- Recovery actions against auditors and other professionals
- Piercing of corporate veil
- Break-up value of businesses
- Inter-creditor disputes
- Substantive consolidation
- Equitable subordination
- Ponzi schemes
- Fraudulent financial reporting
Litigation valuation is subjective and requires significant judgment on the part of the valuator. Not only do Conway MacKenzie’s Litigation valuation professionals possess the requisite experience and technical expertise required for a well-documented valuation, but our professionals have the critical element that separates us from the rest of the pack: sound judgment.
Conway MacKenzie’s professionals have provided analysis and expert testimony on valuations in a wide range of settings, cases and circumstances, including:
- Purchase price allocations and impairment testing for financial statement purposes
- Valuations for tax purposes
- Business enterprise valuations
- Intangible assets valuations, transfer pricing and relief from royalty
- Option valuations
- Share value
- Fraudulent conveyance and preference litigation
- Bankruptcy reorganizations and debt renegotiations
- Contractual disputes
- Leveraged buyouts
- Shareholder suits
- Gift and estate
- Lender liability claims
- ESOP transactions
- Buy/Sell agreements
- Intellectual property disputes
- Other commercial litigation
We are nationally known for our valuation-related tax analysis and testimony involving bankruptcy reorganizations and loss corporations, including:
- Built-in gain studies to maximize value following an ownership change
- Transaction structuring and expert testimony to monetize the value of tax losses, attributes and carryback claims
- Measuring availability of the insolvency exception
- Supporting deductions for worthless securities and receivables in complex transaction structures
- Supporting administrative settlements of valuation-related tax disputes
Conway MacKenzie’s fraud and forensic professionals are among the most highly credentialed in the industry and have been engaged in matters involving fraud ranging from Ponzi schemes to kiting. Not only do our Certified Fraud Examiners and Certified in Financial Forensics professionals possess the technical skills required to conduct a comprehensive and thorough investigation, we have the necessary imagination and insight to discover and unravel fraud and communicate those results clearly and concisely in a legal setting. Our team can see through distractions, effectively evaluate all situations and even advise on alternatives for recovery and fraud prevention. Our investigative analyses include:
- Quantification of financial and other business losses arising from fraud
- Reconstruction of financial transactions from incomplete or falsified records
- Expert testimony
- Identification of missing assets
- Investigation of employee fraud
- Analysis of fraud prevention systems
- Discovery of financial schemes
- Tracing of illicit transactions
- Solvency opinions regarding fraudulent conveyance claims
- Money laundering
- Computer forensics
Intellectual property litigation is often extremely complex and requires experts with specific experience in this area. Conway MacKenzie’s professionals are highly experienced in intellectual property matters involving patents, trade secrets, copyrights and trademarks in a variety of industries including hardware, software, telecommunications, Internet technologies, networking, medical devices and automotive. In addition, Conway MacKenzie professionals are knowledgeable in the most recent state and federal case law and have been published in industry recognized legal publications regarding intellectual property damages.
While Conway MacKenzie professionals are experienced in all matters of intellectual property litigation, the firm has a specialty in patent litigation. Conway MacKenzie professionals have been involved in a number of high-profile patent cases, including the determination of FRAND royalty rates, and have been involved in the analysis of thousands of patents in a variety of high-technology industries.
Conway MacKenzie offers a range of services throughout all phases of litigation, including assisting in the development and analysis of discovery, the development of economic and statistical damages models, and expert testimony in deposition and trial. In a non-litigation context, Conway MacKenzie can assist in the determination of value of a patent portfolio for licensing purposes, including the development of strategies in negotiating intellectual property license agreements.
Intellectual property services include:
- Quantification of Lost Profits
- Reasonable Royalty Analysis
- Price Erosion
- Non-Infringing Alternative Analysis
- Convoyed Sales
- Portfolio Analysis