Withum’s accounting and advisory specialists have the people, tools and expertise to work with you and your counsel to investigate and evaluate the post-acquisition issues in dispute.
Drawing upon experience from a diverse set of disciplines and backgrounds, Withum’s accounting, valuation, and financial professionals combine the highest standards of technical skill and knowledge to tackle complex litigation involving business disputes and economic damage assessments. From litigation support to dispute resolution, to M&A post-closing disputes and testifying services, Withum’s financial advisory team support businesses and legal counsel through every phase of litigation throughout the world.
Attorneys contact Withum’s Forensic and Valuation Service financial experts to assist both plaintiffs and defendants with quantifying and calculating economic damages and providing assessments that are reliable and defensible.
Withum’s experts can assist in a variety of business disputes, including, but not limited to the following types of litigation:
Deals happen every day whereby a seller or buyer is confronted with unanticipated post-closing circumstances, as the perceived value and basis for the transaction fails to materialize. There are any number of reasons both expected and unexpected as well as those that are beyond the control of either the buyer or seller.
Withum’s team of experts, including transaction advisory and forensic and valuation professionals, represent buyers and sellers in the negotiation of their deal and when situations arise that question the consideration of value exchanged.
Post-closing the actual working capital on the date of closing will be assessed and compared to the estimate at closing. Issues impacting the working capital calculation include:
Earnouts are the place where expectations meet reality. The seller has expectations, and the buyer is confronting reality. Key questions that must be addressed are:
Counsel will seek to address the unknowns through representations and warrantees of the parties. Circumstances documented in the contracts or observed in due diligence may not always materialize. It must be evaluated if this was:
Withum’s team of experts, including transaction advisory and forensic and valuation professionals, represent buyers and sellers in the negotiation of their deal and when situations arise that question the consideration of value exchanged.
Withum’s diverse team of forensic accountants and damage experts have years of investigative experience and are also Certified Fraud Examiners (CFE), Certified Anti-Money Laundering Specialists (CAMS), Certified in Financial Forensics (CFF), Accredited in Business Valuation (ABV), Certified Valuation Analysts (CVA), and Master Analysts in Financial Forensics (MAFF).
Before discussing some potential areas of disagreement, we need to address several foundational issues that permeate the basis for disputes. By recognizing these issues during the diligence and document review, the more likely a dispute can be averted or minimized. On the top of the list is measurement. Understanding, and by understanding, I mean documenting,…
Once upon a time in a land far, far away a buyer and seller came together, and quickly came to terms that everyone was happy with. Post-closing the business thrived, and the seller went on to an extraordinary retirement. They all lived happily ever after. Did I mention that what was sold was a certain…
The U.S. Department of Justice (“DOJ”) reported its False Claims Act (“FCA”) statistics for fiscal year 2020. More than $2.2 billion was recovered from both settlements and judgments in 2020 on FCA matters and over 80% of all recoveries came from the healthcare industry. A qui tam, or whistleblower action, under the FCA allows individuals…
For more information or to discuss your business needs, please connect with a member of our team.