When a company’s performance declines, affected parties seek to salvage their stake in the entity. The likelihood of fraudulent acts significantly increases as internal controls deteriorate. In suspected cases of wrongdoing, stakeholders need answers and support from unbiased experts.

Objectivity. Integrity. Discretion.
We serve as, or advise, independent fiduciaries (e.g., special committees, independent directors, examiners, trustees, administrators, and receivers) and regulators and bring deep expertise in providing investigation and litigation services related to companies facing a crisis. We investigate and assess the value of potential causes of action, model and assess settlement strategies and assist in securing recoveries in a cost-effective manner. We reconstruct audit trails, analyze relevant facts, conduct asset search and asset preservation, and provide control and stability for companies subject to judicial supervision. We have served as court-appointed trustees, examiners, plan administrators, litigation trustees, liquidating trustees, mediators, monitors and receivers in multiple cases.

Independent fiduciary and monitorship roles.
We manage all operational, financial and investigatory matters:

• Examine and stabilize operations
• Address liquidity challenges
• Improve operational performance
• Maximize asset recovery, while operating and/or liquidating
• Reduce / Minimize liabilities
• Provide regulatory mandated oversight
• Prepare financial reports and tax returns
• Investigate, evaluate and resolve claims
• Marshall assets and financial information
• Preserve value and manage asset sales, including intangible assets
• Investigate past activities / transactions and perform asset / intelligence searches
• Pursue legal actions and resolved complex business issues
• Analysis of contingent and future liabilities
• Advise on government regulatory compliance
• Evaluate and pursue legal actions to maximize recoveries
• Wind down company affairs

Investigation and examiner services. 
We manage and perform investigations on matters of interest to the court and the parties in interest:

• Reconstruct financial records / evaluate internal controls and financial reporting
• Analyze inter-company / related-party transactions / D&O actions
• Investigate fraudulent transfers / preferences and other avoidance actions
• Perform solvency analyses
• Analyze cause of business failure and viability
• Identify anti-corruption / funds tracing and asset identification
• Evaluate contract or rejection damages
• Perform asset and business valuation, including intellectual property and other intangible assets
• Prepare damage assessments
• Evaluate and pursue actions to maximize recovery
• Investigate accounting irregularities / financial restatements
• Manage technology needs

Expert advice and testimony.
We work across all phases of litigation and serve as testifying experts for a variety of issues, including:

• Contract, rejection, and other damage / lost profit estimates
• Valuation and solvency
• Asset valuation (e.g., intellectual property and partnership interest)
• Fraudulent transfers / avoidance actions
• Solvency
• Preference actions
• Pierce the Corporate Veil / Alter Ego
• Capital adequacy
• Plan feasibility / substantive consolidation
• Breach of fiduciary duty
• Government regulatory and compliance
• Insurance claims
• Environmental issues
• Accounting and financial reporting
• Asset diversion / money laundering / other fraudulent activity
• Other bankruptcy or commercial claims