Our litigation support teams are clear and concise, and our testimony conveys key points. That we performed all reasonable due diligence. That with fairness and independence, we weighed all the facts. That we followed logic, detailed analysis, good judgment, objectivity, intellectual honesty, and common sense.

HOW VALUESCOPE CAN ASSIST IN LITIGATION SUPPORT

Litigation Support – Tax Litigation

Our experts have extensive experience in tax litigation support, from estate and gift valuation disputes to complex federal income tax matters. We’ve provided analysis and testimony in U.S. Tax Court and federal district courts for plaintiffs as well as defendants for over three decades. We have successfully defended analyses related to estate and gift, transfer pricing, reasonable compensation, transfer of liability, characterization of debt, and tax shelters.

Litigation Support – Economic Damages

Due to our valuation skills, we were among the first firms to work on damages cases. Damages often result from the difference between two value measurements. That’s why attorneys came to see us as ideal experts. We’ve performed thousands of analyses for almost every imaginable purpose, from complex commercial litigation to estate and family matters. We bring a wealth of ideas and insights to a structured damages model.
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Litigation Support – Valuation Disputes

With over 100 years of collective valuation experience, we have valued an extraordinary range of businesses and business interests. Options, warrants, and minority stock. Strategic assets. Many interests or concerns have proven to be very difficult to value. We have seen and done it all and can support virtually any dispute or litigation need you may have.

Litigation Support – Lost Profits

Lost profits are typically claimed as an element of economic damages in a litigation setting.

Damage analyses are prepared to provide an estimate of the detriment suffered by the plaintiff as a result of a wrongful act of the defendant. In order to prove damages, the plaintiff must show that:

• The wrongful act of the defendant caused a loss and
• The amount of the loss can be estimated with reasonable certainty.

In addition, for contract claims, the plaintiff must show that the loss incurred was foreseeable at the time the contract was entered into by the parties.  Only lost “net” profits are allowed as damages. Lost “net” profit is computed, in general, by estimating the gross revenue that would have been earned but for the wrongful act reduced by avoided costs. Avoided costs are defined as those incremental costs that were not incurred because of the loss of revenue. After the net lost profits are determined, any actual profits earned are deducted to compute the damages.

Lost profits can only be claimed over the loss period. This period normally begins no earlier than the date of the wrongful act; however, the date the loss begins may be subsequent to that date. The end of the loss period can vary. In a contract breach, the loss will be computed through the earlier return of the business to customary levels or the end of the term of the contract (which, in some cases, may include renewal periods). In other situations, such as tort claims or franchise contracts, the term may extend to the return to customary levels or the end of a “foreseeable” period.

Litigation Support – Bankruptcy Matters

ValueScope provides sophisticated analysis for bankruptcy, insolvency, and reorganization situations. Our experience and resources mean you and your team will have admissible financial analysis. We can also offer critical insight to help protect and enhance the interests of creditors, management, and shareholders. We offer analysis and testimony related to:

• Valuation issues and disputes
• Lost profits and earnings
• Analysis for regulatory bodies, including IRS, SEC, and FTC
• Analysis of preferences and fraudulent transfers
• Plan feasibility studies
• Adequate protection issues
• Asset identification and recovery
• Out-of-pocket claims
• Substantive consolidation issues
• Intellectual property

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Litigation Support – Marital Dissolution

To divorcing couples, the world of business valuation can be confusing, frustrating, costly, and overwhelming when faced with the entire process as well as life after divorce.  However, with the help of a good attorney and ValueScope’s valuation specialist, the divorce process can become less intimidating.  ValueScope provides its technical expertise to the attorneys in aiding them with respect to a valuation result that all sides can accept.  While there may be a disagreement as to what is fair, the parties, their attorneys, and/or the court will have the information and knowledge to make an informed judgment on whether to settle or go to trial.