Evaluation of loss

  • Types of situation

We intervene in (pre-)litigation situations:

  • pre-contractual (breach of negotiations, etc.)
  • contractual (non-performance, poor performance, etc.)
  • economic (analysis of anti-competitive practices, unfair competition, restrictive practices, counterfeiting, etc.)
  • turnaround companies (renegotiation of unbalanced contracts, related financial consequences, etc.)
  • Procedural context

We assist companies and their advisors:

  • in legal proceedings (Commercial Court, District Court, Court of Appeal, etc.)
  • in Alternative Dispute Resolution (ADR): mediation, negotiation, arbitration, amicable resolution, etc.
  • Our positioning

We act as an:

  • expert witness, for the plaintiff or defendant
  • independent expert
  • arbitrator

We work on the initial quantification phase, but also provide support and assistance in subsequent exchanges through expert appraisals, negotiations, etc.

  • Our know-how
  • a dedicated and experienced team, all employees having worked in this business line for several years
  • complementary expertise within the firm, recognized on the market and able to be mobilized as needed (for transactions, restructuring, evaluations or transformations)
  • a methodology to identify the strengths and weaknesses of quantifications so as to make them more reliable and anticipate discussion points
  • close involvement of all parties to ensure impeccable management of the case and a commitment to monitoring the quality of cases
  • production of a summary which can easily be grasped by non-specialists and those external to the dispute

Post-acquisition litigation (earn-out, guarantees)

  • Types of situation

We intervene in (pre-)litigation cases related to:

  • the implementation of price adjustment clauses
  • guarantee clauses (assets and liabilities)
  • disputes between shareholders
  • Procedural context

We assist companies and their advisors in pre-litigation or litigation situations, in legal contexts or in Alternative Dispute Resolution (ADR): mediation, negotiation, arbitration, amicable resolution, etc.

  • Our positioning

We act as an expert named in the contract or appointed by a court or as an expert witness, for technical analyses and during negotiation phases

  • Our know-how
  • a dedicated and experienced team, supported as required by the Transaction Services teams and supervised by a Partner, a Chartered Accountant registered with the industry’s professional body
  • a methodology making it possible to place the positions of each party in perspective and present the accounting and financial arguments for and against
  • close involvement of all parties to ensure impeccable management of the case and a commitment to monitoring the quality of cases
  • the production of easily understandable summary sheets – a powerful and effective tool for negotiation

Financial investigation of potential ``abuse of law`` (fraud, mismanagement, etc.)

  • Types of situation

We assist companies and their top executives in managing situations which might come under “abuse of law”:

  • prevention (identification of fraud and corruption risks, review of compliance with legislation, etc.)
  • investigation (asset misappropriation, accounting irregularities and malpractices in financial statements, financial fraud and corruption, identifying responsibilities, etc.)
  • Procedural context

Regulatory, judicial or internal investigation on proven or suspected cases of “abuse of law”

  • Our positioning

We act as an expert witness, both in terms of technical analyses and during exchange phases with the competent authorities if necessary

  • Our know-how

We have a dedicated team specialized in these issues; the partner is a Certified Fraud Examiner (US certificate)

Regulatory litigation (financial markets)

  • Types of situation

We work on issues relating to profit warnings, false information, insider trading, rumors, etc.

  • Procedural context

Stock market inquiries or litigation, international litigation procedures (SEC/FCPA, Class Action)

  • Our positioning
  • We act as an expert witness, both in terms of technical analyses and during exchange phases with the competent authorities if necessary
  • We assist listed companies with technical aspects as of the investigation phase (analysis of documents, preparation for hearings, assistance in drafting written responses) or during the litigation phase (analysis of the allegations, identification of responses, production of an expert appraisal report)
  • Our know-how

In addition to our expertise in litigation, we are fully familiar with the investigative procedures followed by independent administrative authorities, as the Partner has previously worked for one of them

Business cases

Evaluation of productivity gains – Enforceable clause

Adjustments to the net worth of a real estate development group

Review of the accounting entries and financial flows

Review of cash flows and assets under management