About The Firm
Lit.Econ LLP is a consulting
firm comprised of professional economists, accountants and
financial analysts providing quality dispute consulting services to law
firms and their clients. The Firm was founded by senior dispute consulting
professionals from the "Big Five" accounting firms with experience and skills
in a wide range of disciplines including economics, accounting, mathematics,
finance and statistics. The Firm specializes in providing expertise in the
areas of economic analysis, forensic accounting, damage assessment, valuations
and expert witness testimony.
Our professionals
have provided services to lawyers and their clients in all stages of litigation,
arbitration hearings, regulatory proceedings, rate making hearings and
contract negotiations. Our aim is to accelerate and enhance counsels'
understanding of industry and business issues, problems and opportunities.
In addition to providing thorough technical analysis of financial and
economic data leading to well-designed damage analyses, our professionals
can provide valuable assistance in the discovery process, in evaluating
case strengths and weaknesses, in understanding liability ramifications
and in developing strategy and damage theories.
Our goal is to provide
prompt, effective and high quality service to our clients. We understand
the need to be responsive and flexible and to operate with a sense of
urgency. Because we specialize in working with lawyers, our professionals
are familiar with the legal system and are comfortable working within
it. Consequently, we respond to your needs quickly and efficiently throughout
the dispute resolution process.
Economic Analysis
The term economic
analysis is broad in scope. It covers not only litigation related analysis,
but also industry and other microeconomic studies for a variety of clients,
including all levels of governmental agencies as well as corporations and
partnerships. Economic analysis is not damage assessment, which we consider
to be a separate and distinct process.
Our professionals
have experience in providing economic and industry studies for business
valuations and mergers, market definition and product definition studies
for antitrust cases, investigations into the way products and services
are made and distributed and the application of time series analysis in
a variety of business interruption cases. For government agencies we have
examined the supply and demand for such material as uranium and coal,
completed studies for moving products and material and determined the
value of water to various users.
Damages
Experts and consultants
are used by lawyers to both prove and disprove the amount of
damages claimed in business disputes. The lawyer for the plaintiff will
utilize an expert to determine damages "but for" some event, while the lawyer
for the defense will need support in evaluating the plaintiff's claim, identifying
its weaknesses and in some instances, preparing an alternative damage calculation.
Preparing or critiquing
a damage claim involves much more than verifying its mathmatical accuracy.
It requires the ability to evaluate and assess the assumptions used in
the damage model. Do the assumptions and calculations follow similar paths
with the facts in evidence? Is the approach to damages consistent with
sound business practices and actual events within that industry? Are the
key components within the damage model such as revenues, costs and expenses
both complete and accurate? Additionally, the financial modeling and statistical
methods used must be carefully evaluated and finally, the claim must make
both good business sense and be supportable by events occuring in the
industry and the marketplace.
Our professionals,
with their extensive experience in various aspects of many different businesses,
are uniquely qualified to provide the necessary expertise in preparing
and assessing damages. Our accountants and economists are experience in
working with trial lawyers and they are all seasoned expert witnesses
on damages.
Forensic Accounting
In general, forensic
accounting refers to the application of accounting disciplines, principles
and theories to actual or hypothetical facts at issue in a legal dispute.
Resolving legal disputes today is becoming increasingly more complex and
demanding. Consequently, lawyers look to the forensic accountant to assist
them in interpreting financial data, explaining complex transactions, verifying
information, reconstructing books of accounts and tracing money.
The typical accountant
works within the world of clearly documented transactions and
clear audit trails. The accountant experienced in the unique area of forensic
accounting is accustomed to working with incomplete and inaccurate accounting
and financial data. Through a variety of methods and techniques such as
observation, inquiry, analysis, auditing, statistical analysis and computer
modeling, the forensic accountant is capable of reconstructing the transactions
of a business. These transactions are often the key elements to resolving
business disputes and can be the difference between winning and losing
a case.
Our forensic accountants
are specialists who can help you uncover what really happened. We testify
to the propriety and accuracy of accounting records and have the experience
as expert witnesses to effectively present the information in the face
of cross-examination.
Valuations
Many disputes require
that a value be ascribed to a business, business assets including goodwill,
partnership interests, restricted stock, employee stock options and the
like. Valuing these items for dispute purposes is in reality no different
from valuing them in other circumstances. The facts of the case must be
understood, evaluated and analyzed with the final result an opinion of value
which is well considered and supported by the facts.
Our professionals
have extensive experience in valuing privately-held businesses for mergers
and minority shareholder or partner buyouts. In the litigation context
we have valued securities for security fraud and 10(b)-5 cases, and valued
businesses lost due to actions of another party. Our professionals have
experience in determining business goodwill value in cases ranging from
condemnation and inverse condemnation proceedings to maritial dissolutions.
In addition to experience in valuing of the equity of a business, we have
also valued other financial assets including restricted stock, preferred
stock, stock options, limited partnership units and underlying assets
for tax disputes.
Expert Testimony
Finding
the right expert witness can truly make a significant difference in the
dispute resolution process. When an expert witness is needed, that need
is generally immediate and time can't be squandered looking for someone
with the proper experience and credentials. In this important area, technical
skills are often not enough. A good expert witness is one who is experienced
and can communicate opinions clearly and explain difficult concepts simply.
The professionals
at Lit.Econ LLP have testified on many business issues affecting a variety
of industries. We possess the necessary mix of technical skill and the
ability to explain issues in simple, understandable terms and the professional
demeanor and experience needed to stand up under cross-examination. Collectively
these are the skills required to be an effective expert witness.
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