litigation and investigation services when the stakes are high, every decision is critical

Transcription

1 litigation and investigation services when the stakes are high, every decision is critical

2 LITIGATION SERVICES ECONOMIC DAMAGES VALUATION SERVICES FORENSIC & INVESTIGATIVE ACCOUNTING INTELLECTUAL PROPERTY E-DISCOVERY DATA ANALYTICS

3 the alixpartners difference Successful handling of complex financial issues, from intellectual property litigation to corporate investigations, requires knowledge, expertise and precision. AlixPartners highly credentialed, focused teams bring deep capabilities across a broad spectrum of practice areas and industries. We are prepared to consult with counsel at every stage of the process, from discovery to trial. Unlike other business advisory firms, we don t send armies of junior associates to tackle client matters. Instead, AlixPartners deploys small, targeted teams of experienced professionals. We build our teams by synchronizing the key issues involved in each matter with the skill sets and industry experience of our professionals so that each matter is expertly staffed. We have the right people with the right expertise to find the facts behind the figures when it really matters.

4 litigation and investigation services In high demand among law firms and corporations nationwide, our professionals are experienced across a broad spectrum of practice areas and industries. litigation services AlixPartners professionals have testified as expert witnesses on some of the nation s most historic, high-stakes cases. We have a long record of success in state, federal, and international courts, as well as in arbitration forums. Our litigation support teams and expert witnesses are versed in all phases of litigated and arbitrated matters, including early case assessment and strategy, data and document discovery, complex data management, analysis, expert report preparation, and deposition and trial assistance. We consult and testify on a wide variety of cases, including intellectual property disputes, bankruptcy litigation, solvency and fraudulent conveyance, accounting malpractice, purchase price disputes, and securities litigation. With extensive experience in presenting evidence and in cross-examination, we provide thorough, targeted analysis. In the field of expert testimony, the AlixPartners approach is different. We: Bring Small Teams of Highly Experienced Professionals Perform Extensive Research to Form a Deep Understanding of the Business, Financial and Industry Issues of Each Case Develop an Understanding of the Case from All Angles and Viewpoints Acquire In-Depth Knowledge of the Evidence Available Delineate the Facts So They are Clear and Concise, and Make Even the Most Complex Ideas Understandable to the Relevant Audience, Including Judges and Juries Anticipate Cross-Examination Issues and Prepare Defensible Analyses in Support of Positions Identify Flaws in the Expert Analysis of Opponents and Assist Counsel in Examining Their Conclusions ATTEMPTED FEE RECOVERY The Unsecured Creditors Committee of a satellite phone operator sought to recover $3.7 billion in fees paid to the operator for constructing the satellite network, arguing that the fees were a fraudulent conveyance. Our team of professionals was retained to evaluate the solvency of the operator under the three tests of solvency, and testified at trial to the solvency of the operator at the relevant time periods. The judge agreed with the testimony, citing significant market evidence in support of the conclusion, and ruled that the client did not have to repay any of the $3.7 billion in fees.

5 AlixPartners economic damages We support counsel throughout the duration of a dispute. We evaluate business, economic, accounting, financial and damage issues, and serve as expert witnesses and consultants to law firms and corporations nationwide. Our areas of expertise include: Post-Acquisition Disputes, Including Breach of Warranty and Misrepresentation, Purchase Price Adjustments, Accounting Errors and Other Irregularities Lost Profits and Business Interruption Breach of Contract, Including Contract and Relevant Document Review and Damage Analysis Intellectual Property, Including Patent, Trademark, Trade Dress, Copyright Infringement and Trade Secrets Theft Securities, Including Valuation and Damage Analysis Bankruptcy, Including Solvency and Fraudulent Conveyance Analysis, Valuation, and Preference Analysis Valuation, Including for Shareholder Disputes Healthcare, Including for Antitrust Litigation EMPLOYEE KICKBACK SCHEME LITIGATION AlixPartners was retained by a major consumer products manufacturer to determine damages associated with an alleged employee kickback scheme whereby above-market contracts were being provided to third-party transportation and logistics providers in exchange for kickbacks paid to the company s logistics manager. We presented testimony in a jury trial regarding damages. The jury verdict was favorable to our client. valuation services We provide valuation services to companies, law firms, and government and regulatory agencies. We have considerable experience valuing a wide range of organizations, including public and private companies, global Fortune 500 conglomerates and small family businesses. We are experts at determining the value of an entire business, as well as its component assets and liabilities. We are effective and articulate at defending our findings and positions. Our professionals have performed valuation analyses and have expertise in a wide array of industries. We offer valuation services to support: M&A, Venture Capital and Equity Financing Licensing Transfer Pricing Studies Bankruptcy and Workout Fraudulent Conveyance and Solvency Analysis Intellectual Property Goodwill Impairment Strategic Planning Collateral Valuation for Lenders Purchase Price Allocations Attorneys General Reviews INTELLECTUAL PROPERTY VALUATION AlixPartners valued intellectual property for an international passenger and cargo airline in connection with the Best Interests Test for the company s plan of reorganization. After an initial assessment of the intellectual property, our professionals, in conjunction with the company and its advisors, selected and valued the company s tradename portfolio, frequent flyer program and a customer list. The company s reorganization plan was successfully confirmed.

6 litigation and investigation services forensic accounting & corporate investigations We have conducted large-scale internal investigations into some of the most complex corporate accounting matters in history. We deploy efficiently-sized teams of experienced professionals who combine investigative skills with technical accounting knowledge to quickly uncover information. Our teams include certified public accountants, certified fraud examiners, computer forensic technology experts, individuals certified in financial forensics, and other experienced investigators. We have represented boards of directors, corporations, governments, corporate officers and leading law firms in addressing threats of financial reporting issues, possible corruption, transactional integrity, commercial disputes, and securities and other litigation. In many cases, we advise on potential restatements of previously issued financial statements. We also develop and implement enhancements to internal accounting policies, procedures, and controls, to reduce the risk of future errors or irregularities. Our corporate investigations address such matters as: Financial Reporting Fraud Related-Party Transactions Ponzi Schemes and Kickback Schemes Foreign Corrupt Practices Act (FCPA) Violations Self-Dealing Contract Compliance Theft and Misuse of Corporate Assets Post-Event Monitoring FINANCIAL REPORTING FRAUD AlixPartners conducted an investigation into accounting issues related to financial statement disclosures, reserves and revenue recognition. We analyzed reserves to determine if sufficient justification existed for their set up and release. We also analyzed revenue transactions to determine whether they were properly recorded and disclosed. We provided the investigation s results to the company s Board of Directors and Audit Committee and assisted the company in making improvements to its operations through recommendations of best practice procedures. intellectual property litigation Successful intellectual property litigation requires a thorough understanding of the financial and economic impact of the alleged infringement. Our professionals consult with counsel to evaluate business, economic, accounting, financial and damages issues, and serve as expert witnesses. Our experts have testified in both federal and state courts throughout the country and internationally on damages related to patent, trademark, trade dress, and copyright infringement and theft of trade secrets. Our experts have provided testimony regarding a wide array of technologies across a variety of businesses and industries. Our intellectual property professionals have expertise in analyzing: Lost Profits Reasonable Royalties Market Definition and Size Accelerated Market Entry Demand for the Technology-at-Issue Non-Infringing Alternatives and Design Around Possibilities Marketing and Manufacturing Capacity Convoyed and Collateral Sales License Agreements Price Erosion Corrective Advertising Valuation PATENT INFRINGEMENT: PHARMACEUTICAL A team of AlixPartners professionals was engaged to assess the value of a patent involved in a method for preparing a pharmaceutical product. The team determined a proper reasonable royalty and corresponding damages after analyzing, among other issues, the wide variety of competing products available in the marketplace including a different formulation of the product-atissue manufactured by our client, the alleged infringer. We studied issues of manufacturing capacity and showed them to be a limiting factor in terms of the damages asserted by the plaintiff. The matter settled favorably for our client just prior to trial.

7 AlixPartners e-discovery services AlixPartners electronic discovery team is an integral part of our global investigation and litigation consulting practice. Collectively, our people, technology and best practices facilitate an effective and defensible discovery process. Our technology platform offers a best-in-class array of e-discovery tools that are customizable to your needs and budget. Our concepts, processes and workflow are continually updated to reflect best practices and technological advances. We understand the litigation process and the regulatory environment, and are prepared to work around the clock until the job is done. We provide data collection, processing, analytics and hosting for clients virtually anywhere in the world. We have data centers in the U.S. and London to meet your legal obligations, and fully support multiple languages in our collection, processing and review platforms. WHISTLEBLOWER INVESTIGATION A company with operations in the U.S. and Korea retained AlixPartners in an internal whistleblower investigation regarding alleged false accounting entries in the general ledger system. Our team of forensic accountants, computer forensic and data analytics professionals conducted witness interviews in the U.S. and Korea. As a result of the interview process, relevant data sets were defined and the scope of the data production was narrowed significantly. We performed collection procedures on the electronic data housed on disparate systems, and then processed electronic user files and made them available for attorney review in a web-accessible system. Our work was completed and a report was issued to the Board of Directors within 90 days from the date the project started. data analytics When fact-based analysis is tantamount to success, fact finders are essential. Our team of systems and analytical experts can connect you directly with the facts that reside in systems of record such as general ledgers, accounts receivable, accounts payable, inventory and point of sale. Our team can extract, organize, analyze, and report from any structured data systems. From the discovery phase, through data gathering and analysis, to synthesizing the resulting reports/models with the legal strategy, our team can assist at every step of the process. Our Services Include: High-Volume Data Accumulation & Analysis Customized Database Development Information Systems Analysis Statistical Analysis Advanced Data Mining Regression Techniques Data Modeling Backwards Engineering of Existing Systems FCPA INVESTIGATION DATA ANALYTICS AlixPartners assisted a client with general ledger and accounts payable data analyses in an FCPA investigation. Our data experts and forensic accountants worked together to recreate the client s general ledger. We also analyzed the client s data to pinpoint transactions of interest for further review by outside counsel. The identified transactions were then researched based on the review of hard copy invoice data and related documents that were hosted in a web-based repository.

8 AlixPartners has been providing financial advisory services since the firm s inception in Our array of financial services includes litigation consulting, e-discovery, valuation services, intellectual property consulting, forensic and investigative accounting, and creditor and middle market advisory services. AlixPartners is not a certified public accounting firm. Enterprise Improvement Turnaround and Restructuring Financial Advisory Services Information Management Services