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Selected work in business valuation, industry custom & practice, investigations & fraud

Business valuation, claims estimation, and bankruptcy plan review

  • In re The Financial Oversight and Management Board for Puerto RicoRetained by the Financial Oversight and Management Board for Puerto Rico to provide expert testimony in connection with the confirmation of the proposed Title III Joint Plan of Adjustment in the context of the Certified Fiscal Plan for the Commonwealth and the reasonableness of the settlements entered into in connection with the Plan of Adjustment.
  • In re Chesapeake Energy Corporation, et al.Served as financial advisor to the second lien noteholders of Chesapeake Energy to analyze the terms of the proposed plan of reorganization and related rights offering.
  • In re Sears Holding Corporation, et al.—Retained to provide expert written, deposition, and trial testimony relating to claims for diminution in value of collateral and alleged 506(c) surcharges relating to positions held by certain second lien debt holders of the Sears Bankruptcy.
  • In re Altaba, Inc.Retained to provide expert written, deposition, and trial testimony regarding the amount of funds that should be held back as security for claims not yet known to Altaba (successor to Yahoo!) or that might arise subsequent to Altaba’s dissolution.

Industry custom and practice for bankruptcies/restructurings

  • In re Neiman Marcus Group LTD, LLC, et al.—Retained as an expert in an adversary proceeding arising out of the Neiman Marcus bankruptcy in connection with alleged damages incurred by the bankrupt estate and unsecured creditors resulting from certain conduct of a member of the official unsecured Creditors’ Committee who was pursuing an investment opportunity.
  • In re GSC Group, Inc., et al.—Retained as an expert in connection with litigation in the GSC bankruptcy over assumed management contracts for CLOs, private equity, and ABS CDOs, affiliate transfers, and investments made in hedge funds and CLOs.

Investigations and fraud

  • In re Douglas A. Kelley, in his capacity as the court-appointed Chapter 11 Trustee of Debtors Petters Company, Inc. and PL Ltd., Inc. v. Westford Special Situations Master Fund, L.P. et al.Retained as an expert in litigation relating to claw-back claims stemming from the Petters Ponzi scheme. Issues included fraud, Ponzi schemes, solvency, asset tracing, and hedge fund industry custom and practice.
  • In re Fletcher International Ltd.Served as Special Consultant to the bankruptcy trustee, assisting in his overall investigation of the business of Fletcher Asset Management, a registered investment adviser, and Richcourt, a fund of funds.
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