What We Do
Our dispute services include:
- Fraudulent Conveyance Actions/Solvency
- Shareholder Appraisal
- Valuation of Intellectual Property
- Business Interruption and Lost Profits Calculations
- Specialized Disputes
Fraudulent Conveyance & Solvency
In bankruptcy cases, avoiding, evaluating, or litigating a preference action or a fraudulent transfer under actual or constructive fraud requires careful consideration of the Code and the case law in the court hearing the case. The BRG dispute team has vast experience applying and supporting the Balance Sheet Test, the Adequate Capital Test, and the Ability to Pay Debts Test.
Shareholder Appraisal
Disputes between majority and minority shareholders occur in both public corporations and privately owned businesses, small and large entities, and in varied industries. BRG’s valuation and industry domain experts provide clients with advice and fully researched and supported expert reports for submission to mediators, arbitrators, and triers of fact, including acquisition arbitrage and “squeeze outs” in Delaware Chancery Court. Specific industries and sectors we have covered include:
- Oil and Gas
- Infrastructure and Energy
- Retail and Wholesale Distribution
- Consumer Products and Apparel
- Healthcare and Pharmaceuticals
- Chemicals
- Banks and Financial Services
- Manufacturing, Metals, and Mining
- Gaming, Lodging, and Hospitality
- Restaurants and Food Services
- Real Estate and Construction
- Private Equity and Hedge Funds
- Business Development Companies
- Pension Funds
- Family Offices
- Lenders
Business Interruption & Lost Profits
BRG’s valuation professionals have assisted clients in the measurement and verification of business interruption, diminution in value and lost profits caused by illegal actions, natural disasters, and terrorist events. With accounting, investigational, and technical industry expertise, we can provide assessment, due diligence, reporting, and testimony as needed. Representative cases include:
- Port Authority of NY and NJ: quantification of the damages caused by the February 1993 World Trade Center bombing for submission to insurers.
- Governor’s Office, State of Oklahoma: damages report on the Murrah Office Building terrorist attack for submission to the US Congress.
- Dupont Plaza Hotel in San Juan, Puerto Rico: hotel fire.
- Professional sports league: report on reputational damage caused by a scandal.
- Litigation involving damages caused by a public company stealing employees and trade secrets from a company targeted for acquisition.
- A major New York City property owner: calculating the expenses and lost profits caused by the 9/11 terrorist attack on the World Trade Center.
- The Government of Kuwait: developing and implementing a strategy to prepare and process war reparation claims for all Kuwaiti citizens for submission to the United Nations.
BRG’s dedicated IP litigation support team has provided headline-making results in some of the largest and most complex legal controversies, including the Kodak bankruptcy, Microsoft v. Motorola, and DePuy Spine v. Medtronic. They have assessed, commercialized, valued, and licensed technologies and intellectual property portfolios and evaluated IP damages across a range of industries and in technical disciplines from complex electronics, materials, semiconductors, telecommunications, and computer hardware and software to chemicals, food products, pharmaceuticals, biotechnology, medical devices, and alternative energy from biological sources.
Our Team
Our valuation team brings extensive industry experience through years of working with many of the world’s leading law firms.
We have a unique blend of experience, including professionals who have worked in both the corporate world and in valuation-focused litigation support roles such as:
- Courtroom testifying expert
- CFOs, controllers, and C-suite executives
- Auditors and tax preparers
- SEC examination readiness advisory (Wells Notice)
In addition, we add meaningful depth to the dispute resolution process through our global network of BRG senior experts and professionals who have substantial industry experience and knowledge.
Through this global team of professionals, we provide unparalleled coverage for the full spectrum of litigation support and technical dispute resolution.
