Litigation
Consulting
Breach of Contract / Solvency Determination
BPM analyzed the timing, amount and purpose of shareholder distributions in a company working as a Value-Added Reseller (“VAR”) to a major telecommunications firm. Our client, the VAR, was in a breach of contract dispute with the teleco over amounts due under their agreement, and the teleco had responded with allegations that the VAR was at all times during the agreement insolvent. We reviewed several years of financial information and analyzed the VAR’s solvency at the time distributions were made to key shareholders. The parties are currently in settlement discussions.
Wrongful Termination
BPM was retained to evaluate and respond to a software programmer’s claim for damages arising out a wrongful termination suit. Using our analysis of mitigating amounts and ability for reemployment, the parties were able to reach a quick and efficient settlement.
Law Firm Dissolution
BPM was retained by the defendant in a partnership dispute to evaluate the plaintiff’s claim for amounts due upon dissolution of a personal injury law firm. The plaintiff claimed he was entitled to over $1.8 million from firm profits and that the defendant had overdrawn his equity in the partnership. BPM analyzed the plaintiff’s claim and identified a $1 million mathematical error in the plaintiff’s analysis (to the favor of the defendant). We prepared a more appropriate allocation of post-dissolution revenues and expenses and assisted with settlement discussions.
Partnership Dispute
The General Partner of a company that owned radio stations and communications towers sold real property assets belonging to the partnership and attempted to inequitably distribute the proceeds to the other partners. BPM was retained to review the partnership agreement and determine the appropriate accounting of the proceeds under the agreement, as well as to opine on the meaning of the phrase “substantially all” as defined in the U.S. Tax Code and used in the partnership agreement.
Franchisee / Franchisor Dispute
BPM was retained to calculate damages arising from a franchisor’s failure to provide the franchisee with services, support and resources under the franchise agreement. The franchisor filed for bankruptcy and BPM analyzed and critiqued the franchisor’s reorganization plan. Additionally, we assisted with settlement negotiations. Our analysis demonstrated that franchisor’s plan of reorganization was not viable. Litigation settled prior to trial.
Minority Interest Partnership Dispute
A minority partner in a factoring business disputed his settlement after being forced out of the partnership. BPM prepared a valuation of the partner’s minority interest in the company using limited data and in adverse and hostile circumstances.
Partnership Dispute
BPM was retained to calculate damages in a partnership dispute between owners of a metallic fastener manufacturing company. Allegations had been made by the partners that company funds were being inappropriately used by other partners, and BPM prepared an in–depth analysis and report of the partnership’s finances. Additionally, we assisted with trial preparation.
Wrongful Death
BPM was asked to calculate economic damages in a wrongful death claim after a major California hospital failed to diagnose and treat a patient after surgery. Our analysis included the calculation of lost wages, the lost value of household services and punitive damages.
Personal Injury
BPM calculated economic damages resulting from a medical malpractice claim. Our analysis included the calculation of lost income, medical expenses and lost value to a business.
Minority Shareholders Dispute
BPM was retained to assist a minority shareholder in his claim over oppressive parent company dealings and the unfair redemption of shares in a gasoline station franchise. We recreated financial performance analyses, assisted with the calculation of the value of the business, and analyzed and commented on the accounting practices of the parent company.
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