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Deconstructing the financial complexities at the heart of a case is critical to successful litigation strategy. |
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Discovery
• Formulate comprehensive and specific requests for documentation
• Assess market or industry characteristics
• Perform document inspections and related analysis
• Develop trend analyses
• Prepare pro-forma financial statements
• Assist in depositions and areas of witness questioning
Forensic Accounting
• Detection of fraud, embezzlement and misappropriation of funds
• Asset tracing and recovery
• Reconstruction of financial records to detect hidden or undervalued assets, diverted or unreported income and inappropriate expense allocations
• Evaluation of internal controls
• Identification of abuse by corporate officers or employees
Economic Damages
• Damage theories and financial modeling
• Valuation services
Settlement Negotiations
• Analyze opposition’s proposals and preparation of counter-proposals
• Investigate short and long-term business implications and tax ramifications
• Assess option of structured settlements
Trial
• Evaluate and analyze financial evidence
• Suggest effective lines of cross-examination
• Prepare and analyze trial exhibits
• Provide expert witness testimony
Types of Engagements
• Antitrust
• Arbitrations
• Bankruptcy
• Business ownership
• Contracts
• Intellectual property
• Licensing
• Matrimonial
• Patent infringement
• Professional liability
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In all matters of litigation, early economic evaluation of a case’s strengths and weaknesses can make an essential difference in the strategy counsel deploys to achieve resolution. Effective cost/benefit assessment is fundamental to ensuring that the price of pursuing a legal theory is proportionate to the benefits likely to be derived. In cases requiring in-depth forensic accounting to support an intricate discovery process, specialized financial expertise is particularly critical.
At Margolin, Winer & Evens LLP the business of litigation consulting is a highly specialized discipline. Attorneys rely on our highly skilled litigation advisors to unravel the financial intricacies at the root of a case and recommend appropriate case strategy. We also provide a highly knowledgeable, objective sounding board against which litigators can test their damage theories and the strategies for proving them. Our focus is on assisting the legal team to plan the most advantageous course of action to bring a case to a successful resolution.
Founded in 1946, MWE is one of the largest accounting and business advisory firms in the Northeast. Our specialized Litigation Consulting Practice Group is a trusted resource that offers attorneys a team of highly skilled professionals thoroughly knowledgeable in the complexities of litigation.
Turning to consulting experts at the earliest possible juncture can help attorneys attain substantial cost advantages for their clients. This is especially true in financial and economic matters, where MWE excels at pinpointing the fundamental issues and advising counsel in the planning of cost-effective case management.
At MWE, we are experienced in delivering results under the unforgiving pressures of the litigation environment. Whether as consultants providing timely and thorough analysis, or as expert witnesses testifying on complex issues, we can infuse your case with the expertise and solid support you need to gain the winning advantage.
The spectrum of services we offer to litigators begins with a pre-trial investigation. Cognizant of your Rule 11 responsibilities, we can assist the legal team by performing a cost/benefit analysis to determine whether a cause of action or claim is worth pursuing or defending. We can also explain the accounting or auditing standards applicable to the issue, as well as the economic substance of, or regulations governing a particular transaction, scheme or course of conduct.
Because critical information obtained during discovery may influence the outcome of a case, MWE’s services are often most valuable in the identification, gathering and interpretation of financial, economic and statistical intelligence. As experts in forensic accounting, our ability to reconstruct financial records and detect evidence of fraud, embezzlement or misappropriation of funds is critical. Our investigatory capabilities extend to the analysis of confidential information and strategies for the recovery and protection of assets.
Through the creative construction of complex financial models, we can assist you by calculating economic damages in cases of breach of contract, securities fraud, product liability, patent infringement, antitrust and construction claims.
Taking a similar approach, MWE also provides the financial analysis intrinsic to the successful negotiation and conclusion of settlement discussions, including assessing and preparing proposals and counter-proposals.
MWE’s litigation professionals are valuable assets as expert witnesses for your case. They routinely demonstrate the ability to withstand cross-examination, while maintaining their professionalism and credibility under the pressure of courtroom dynamics. MWE brings to the witness chair superlative communications skills that convey the facts in common language.
The experts who comprise our Litigation Consulting Practice Group represent the highest standards of excellence and achievement in the field. Many are members of leading professional organizations and serve on specialized committees in order to remain current with new industry trends and developments. Group members also frequently lecture to trade and professional organizations and contribute articles to leading journals and business publications.
Among the organizations in which the MWE Litigation Consulting Practice Group maintains an active role are the Association of Certified Fraud Examiners, American Bankruptcy Institute, American Institute of CPAs, American Society of Appraisers, Association of Insolvency & Restructuring Advisors, Institute of Business Appraisers, National Association of Bankruptcy Trustees, National Association of Certified Valuation Analysts and the Turnaround Management Association.
Whatever the demands of your case, MWE has the unparalleled expertise and experience to help you devise and implement the legal strategy to achieve a successful outcome. We call this turning vision into value. You’ll call it one of the best decisions in your legal strategy.
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