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Litigation Support & Damages Analyses

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Litigation Support & Damages Analyses

Crawford & Winiarski’s professionals have provided litigation consulting and expert witness services for companies in hundreds of complex litigations in both federal and state courts. We have served as arbitrators in numerous private and AAA arbitration proceedings. Our accounting, financial and economic skills combined with our business acumen enable us to contribute significant value to the strategic, discovery, and damages issues in commercial disputes. We offer the following litigation consulting services:

We work with counsel to develop solutions to the complex financial and economic issues that arise during the dispute resolution process. Our professionals have been engaged by both claimants and defense in large and small matters such as:

  • Lost profits and loss of business value
  • Breach of contract
  • Representation and warranty claims
  • Stockholder and post-acquisition disputes
  • Construction and government contract claims
  • Intellectual property disputes
  • Antitrust claims
  • Personal injury
  • Family law and divorce
  • Professional accounting malpractice
  • Employment disputes
  • Product liability
  • Dealer and distributor termination
  • Employee embezzlement
  • Business interruption

We also have extensive experience in the Automotive industry including automotive OEM, dealerships, and component supplier issues. Our professionals understand the complexity of automotive companies and their suppliers from experience working with and at OEM’s, as well as auditing suppliers and dealerships. Representative cases involving litigation and damages analyses support include automotive warranty claims and recalls, patent, trademark, and trade secret infringement/misappropriation, post-acquisition disputes, manufacturer’s representative claims, non-compete and licensing agreements, price adjustment and supply contract disputes, financial reporting and accounting matters, and dealership disputes involving contracts, business valuation, termination, and state motor vehicle franchise statutes.

DISCOVERY ASSISTANCE & FACT FINDING

Asking for and discovering the right documents and information is crucial to achieving a successful outcome in commercial disputes. Failing to pursue high potential information sources, discover appropriate document categories, or cover key damages issues in fact and expert witness depositions, can significantly weaken the ability to pursue or defend the economic damages and causation aspects of a case.

Our team can efficiently identify, process, and manage the information required to complete the factual foundation of a case. Our professionals have a deep knowledge of customary business records and accounting systems, reports, and documents. We provide valuable insight regarding the preliminary assessment of a case. We can pursue or anticipate a plaintiff’s damages claims and provide comprehensive, better targeted financial discovery requests. Supported by skillful project management, we have tremendous expertise in accumulating, managing, and analyzing volumes of electronic data. We can suggest what to ask for in order to elicit the most telling information during discovery. We can analyze the responses for ambiguities, errors, or contradictions. Our forensic and investigative skills can help reconstruct documentation that has been compromised or is missing.

DAMAGES ANALYSIS & QUANTIFICATION

Our team has extensive experience developing and understanding complex financial models and damage computations. Each dispute presents several potential theories of damage. Utilizing our experience, industry trends, business forecasts, and the available evidence, we identify the most appropriate strategies that can be presented in simple, concise and understandable terms, while still demonstrating in-depth knowledge of the detail of transactions and issues.

We utilize analytical and computer modeling techniques to quantify, describe, and support a claim or defense. We utilize the financial data gathered during the discovery phase to identify trends, model potential outcomes, evaluate products or business segments, study markets, perform valuations, analyze and allocate costs, understand transactions, and assess risk.

EXPERT WITNESS TESTIMONY

Our professionals are skilled at presenting complex matters in clear and understandable language. We are trained to communicate effectively before judge and jury in a courtroom setting or before a panel of arbitrators.

Our professionals have provided expert testimony throughout the country in economic damages analysis, accounting, finance, business valuation, fraud investigation and automotive industry matters in large and complex commercial disputes.

NEGOTIATION & RESOLUTION

In our experience, the vast majority of commercial disputes are resolved prior to completion of a trial or arbitration proceeding. In most cases a rational evaluation of damages issues by each party can lead to resolution. We regularly work with our clients to evaluate scenarios for the possible outcomes of litigation and facilitate this process by developing settlement models, performing sensitivity analyses, and, when requested, meeting with other professionals engaged by opposing parties or participating in settlement discussions. Members of our firm regularly serve as private party arbitrators and participate in the Commercial Arbitration Panel of the American Arbitration Association.