How To Help A Business With A Financial Crisis

Transcription

1 FORENSIC ACCOUNTING, BUSINESS VALUATION & LITIGATION SUPPORT

2 CONTACT US MICHAEL COHEN, CPA, CFE, Partner x 2149 mcohen@singerlewak.com JOHN KIRBY, ASA, JD x 1404 jkirby@singerlewak.com JAIME HOLMES, CPA, JD x 2323 jholmes@singerlewak.com DAVID CONNELLY, CPA, JD, Partner x 1263 dconnelly@singerlewak.com CARLENE KIKUGAWA, CPA, CFE x 1439 ckikugawa@singerlewak.com HUGH CHRISTENSEN, CPA, ABV, CFF X 2103 hchristensen@singerlewak.com LOS ANGELES ORANGE COUNTY WOODLAND HILLS MONTEREY PARK SAN DIEGO SILICON VALLEY ORANGE COUNTY 2050 Main Street, 7th Floor Irvine, CA T: F: LOS ANGELES Wilshire Blvd, Suite 1100 Los Angeles, CA T: F: SAN DIEGO 4275 Executive Square, Suite 920 La Jolla, CA T: F:

3 ABOUT US Established in 1959, SingerLewak is recognized as a leader in Forensic Accounting, Business Valuation & Litigation Support ( FABVLS ) serving the needs of attorneys, private and publicly traded corporations, corporate directors and officers, individuals and shareholders in complex multi-faceted litigation matters. Our services include all elements of forensic accounting, financial investigations, business valuation and litigation support processes including strategy development, management and analysis of discovery, and expert witness testimony. SingerLewak provides the essential guidance, knowledge and resources necessary for the demands of today s complex litigation. Our pool of over 30 partners and 250 team members give our clients a competitive advantage. We are accustomed to working in an environment where we are on call to meet both our clients needs and the challenges of the specific assignment. 1

4 THE SKILLS YOU NEED Our unique collective Forensic Accounting, Business Valuation and Litigation Support experience sets us apart from the competition. Our experts and consultants have served numerous law firms, ranging from national and international firms to large, mid-market and local practices. In addition to our financial consulting and expert services, members of our team have served as in-house, internal financial litigation consultants for national law firms, and have experience as practicing attorneys. 2 Our experts have also served private and publicly traded corporations, corporate directors and officers, individuals and shareholders. Our FABVLS team has unprecedented expertise in numerous industry sectors, including: Technology Construction Media & Entertainment Real Estate Life Sciences Retail & Franchise Transportation & Logistics Manufacturing & Distribution

5 Our FABVLS team of experts includes: Certified Public Accountants (CPA) Juris Doctorates (JD) Certified Fraud Examiners (CFE) Our multi-disciplinary team of financial litigation experts has served as consultants and testifying experts in complex litigation matters in state and Federal courts. We provide our clients with a single point of contact. A dedicated FABVLS expert actively participates in and coordinates our efforts on each engagement, to ensure a quality of work that consistently results in successful outcomes for our clients, and sets the standard for the industry. Certified Financial Forensics (CFF) Certified Management Accountants (CMA) Certified Information Technology Professionals (CITP) Certified Information Systems Auditors (CISA) Certified Information Security Managers (CISM) Certified Construction Industry Financial Professionals (CCIP) Accredited Senior Appraisers (ASA) Accredited Business Valuations Professionals (ABV) Certified Valuation Analysts (CVA) 3

6 THE SERVICE YOU EXPECT We believe that financial litigation engagements require a consistently high standard of work and analysis that is beyond reproach. We also understand the demanding time constraints that are inherent in litigation. We strive for excellence in the performance of our assignments and ensure that our engagements are completed in an efficient and timely manner. Our scope of services includes: Forensic Accounting Litigation Support Fraud Investigations Economic Damages Business and Intangible Asset Valuation Electronic Discovery and Computer Forensics Consulting Expert Witness Testimony 4

7 FORENSIC ACCOUNTING & LITIGATION SUPPORT We provide forensic financial investigations, analyses and consultation related to complex business litigation. These services include: Pre-suit investigation Investigation and evaluation of allegations Analysis of GAAP and SEC compliance Assessment of adequacy of corporate internal controls Evaluation of independent auditor s AICPA and PCAOB compliance Preparation of tailored requests for production of documents Consultation with counsel and assistance in the drafting of pleadings, motions and discovery Preparation of outlines for deposition and cross examination of witnesses Attending depositions and hearings to provide concurrent consultation and analyses Preparation of trial and deposition exhibits Preparation of expert and rebuttal reports and declarations Providing expert witness analyses, conclusions and testimony 5

8 ECONOMIC DAMAGES We have extensive expertise in the assessment and calculation of economic damages. We employ advanced economic, accounting and statistical methodologies in our analyses. Our experienced experts have provided independent and objective consultation and analyses related to general business and intellectual property disputes. General Business In connection with the prosecution or defense of a claim, calculation of damages resulting from contract, fiduciary duty, fraud, negligence, and other tort actions, our team of experts and consultants has performed economic damages analyses in matters involving: 6 Breach of contract and fiduciary duty Negligence Fraud and misappropriation Intellectual property Antitrust Shareholder actions Business interruption and interference Real estate partnership disputes Health care fraud Entertainment participation accounting Employment litigation Alter ego Unfair business practices (Bus & Prof Code 17200)

9 Intellectual Property Our analysis, computations and estimates of damages have included the consideration of: Lost profits and cash flow for past and future periods Incremental costs and profits Specific damages Punitive damages Reconstruction of financial data Discount rate analysis for present value calculations Costs avoided Mitigation Tax considerations In connection with the prosecution or defense of intellectual property claims, we have calculated damages in the areas of patent, copyright or trademark infringement, and trade secret misappropriation. The estimate of damages may include such items as: Unjust enrichment of infringer Lost profits Reasonable royalty calculations Disgorgement of profits Costs incurred Punitive damages Tax considerations 7

10 BUSINESS AND INTANGIBLE ASSET VALUATION We have vast expertise in the valuation of companies, intangible assets and ownership interests. When merging or selling a company or division, allocating a purchase price, testing for impairment, entering a licensing arrangement, making an I.R.S. election or planning an estate, a supportable, persuasive valuation is needed that will withstand the scrutiny of securities regulators, taxing authorities and the courts. Our Business Valuation services include: 8 Enterprise valuations Common stock, preferred stock, partnership and LLC interest valuations Intangible asset valuations Fair value consulting for financial reporting Goodwill and intangible asset impairment analyses Shareholder dispute valuations Corporate dissolution valuations Valuation discount analyses Business Valuation expert testimony

11 E DISCOVERY & COMPUTER FORENSICS Our computer forensic team utilizes the most up to date technologies and techniques in data mining and computer forensics. In connection with an investigation, the team identifies and preserves computer systems and data in accordance with appropriate rules of evidence and discovery. Our computer forensic consulting services include: Strategic planning of electronic discovery Assessment of information systems environments Establishing and preserving evidence, computer systems, data and chain of custody Imaging computer drives and storage devices Extracting hidden, altered, deleted and encrypted information Conducting specific key word and pattern searches Providing expert analyses, conclusions and reports Expert witness testimony 9

12 10960 Wilshire Blvd, Suite 1100, Los Angeles, CA 90024