Commercial Real Estate, COMPANY ENTERPRISE, ESTATE/gIFT, TAX

Forensic Economics, Commercial, Property Damages Valuation

Forensic Economist

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We provide professional forensic financial consulting services. Awarded by the National Association of Certified Valuation Analysts (NACVA), the Master Analyst in Financial Forensics (MAFF) credential is designed to provide assurance to you in the legal community that we possess the level of experience and knowledge needed to provide competent and professional forensic financial consulting services. By earning this credential, it shows our commitment to you as to our qualifications, education and experience. This certification includes our prior education and experience of over 30 years, prerequisite and required training and post-requisite requirements for recertification.


Our training, extensive experience, and dedication to the field of forensic economics makes us experts in the valuation of economic loss for economic damages, business damages, commercial damages, intellectual property damages, M&A, business & property bankruptcies, business interruptions, personal injury, and wrongful death litigation.

What is an MAFF?

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David Hahn is an MAFF credentialed in addition to CVA, ASA, CCIM, and CM&AA.  The Master Analyst in Financial Forensics (MAFF) credential is designed to provide assurance to the legal community – the primary users of litigation consulting services – that the designee possesses a level of experience and knowledge acceptable by the institute to provide competent and professional forensic financial support services. Earning the credential requires consideration of all of the person’s qualifications and commitment to the discipline. This includes prior education and experience, prerequisite and required training as provided by the Financial Forensic Institute, testing – both proctored and case study and post-requisite requirements for recertification. The MAFF must re-certify every three years.


Master Analyst in Financial Forensics have come to be known as premier litigation consultants due to their extensive business valuation backgrounds. MAFF’s engagements range from the determination of personal and commercial damages, breach of contract and tort liability to patent/trademark/copyright/trade secrets infringement.


The MAFF is familiar with the Rules of Evidence, attorney work product privilege, courtroom protocol and preparation of reports under Federal Rule 26(a)(2)(B).


Testifying experts are only as good as their ability to opinions to the Trier of fact. The MAFF has the communication skills and professional knowledge to be a compelling expert witness. As a litigation team member, the MAFF can assist in trial and discovery preparation in several different ways:


Assisting with the drafting of requests for the production of documents and interrogatories relating to financial and technical issues:

   

•Monitoring, evaluating and controlling documents produced during discovery   

•Review, critique and response to opposing expert reports   

•Assist in defining the scope of damages   

•Assist with compilation of numeric summaries for inclusion in briefs, pleadings and motions   

•If a testifying expert – offer testimony at deposition and at trial   

•If a consulting expert – assist attorney with managing expert witness preparation and testimony   

•Develop strategically focused questions for direct and cross-examination   

•Preparation of forensic accounting analyses


Forensic Economic Comercial Damages Cases

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Calculation of Economic Damages

Economic Damages occur when a business suffers a loss due to fire, flood, breach of contract or other factors. We utilize cutting edge techniques to calculate these damages. The combination of our skills in law, accounting, economics and statistical analysis can assist in allowing a cohesive, integrated assessment of the economic impairment to the business or the calculation of the loss sustained. The cost for a Calculation of Economic Damages Report varies depending upon the complexity of the case.


Corporate Litigation Valuations

•Breach of Contract  

•Lost Business Profits  

•Regulatory Takings  

•Anti-Trust  

•Shareholder Litigation

•M&A 


Business Interruption, Business Income Loss Damages Valuation

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Whenever a business suffers a substantial material loss due to FIRE, FLOOD, THEFT, or other CATASTROPHE, this loss is inevitably followed by a downturn in sales and increase in running costs. These consequential losses are covered by your BUSINESS INTERRUPTION POLICY. These losses are invariably complicated to present and it is therefore recommended that you utilize the expert services for the following reasons.


•As with the material loss, the responsibility of calculating and proving the Business Interruption claim rests with you. The Loss Adjusters appointed by the Insurers will employ experts in this field, but will not prepare the claim on your behalf. They cannot serve two masters.  

•A Business Interruption claim represents a specialist element which requires particular knowledge and experience in order to achieve the fullest possible recovery.


The amount the company "would have earned had the loss not occurred" is essentially retroactively forecasted. This requires a methodology that looks at what would have happened in normal times and conditions during the period of loss. The methodology may incorporate many factors, including, but not limited to, the following:


•Facts surrounding the loss and its impact on the insured's business  

•Company forecasts  

•Historical trends  

•Recent changes in capacity and product or service sales mix  

•Significant contracts  

•Marketing initiatives and plans  

•New product or service launches  

•Changes in the competitive landscape  

•Changes in the economy


Bankruptcy & Restructuring Valuations

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Under the United States Code ("U.S.C.") Title 11, bankruptcy is a legal procedure for dealing with debt problems of an individual or business (the "debtor"). Bankruptcy is a legal declaration of the inability or impairment of an individual or company’s ability to meet and pay their liabilities. Knowing the bankruptcy value of the business and its assets is critical to the restructuring process.


Bankruptcy Valuations


In any bankruptcy or restructuring proceeding, expert asset appraisals and business valuations are crucial to maintaining the confidence of the creditors' committee or trustee. We are experts in valuing tangible assets and intangible assets. Whether filing under Chapter 7 to liquidate assets, or under Chapter 11 in efforts to reorganize, we have the personnel, expertise, and resources required to provide the kind of bankruptcy appraisals and valuations that can withstand scrutiny.


Whether you are a trustee, part of a creditor committee, or head of a distressed company, our experienced and skilled staff can provide a range of supportable conclusions of value, such as:


•Orderly liquidation value   

•Forced liquidation value   

•Going concern value   

•Reorganization value


We provide these values (before, during, and after bankruptcy filing) for the business as a whole and for:


•Tangible assets, such as machinery, equipment, land, buildings, improvements, etc.   

•Intangible assets, such as trade names, patents, designs, etc.


Whether the issue is secured or unsecured creditor collateral, adequate protection, solvency, fraudulent conveyance, fresh start accounting, or related tax issues, our expert bankruptcy valuations and bankruptcy appraisals can help facilitate the reorganization or restructuring process.

Forensic Real Estate Damages Valuation

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For Construction Defects, Liability, Breach of Contract


We can provide a range of litigation support services including:


•Providing an appraisal report or guidance on choosing a qualified and competent appraiser  

•Expert witness testimony (unbiased) 

•Consulting expert (unable to testify as expert witness and protected within attorney's privilege vis-a-vis work product) 

•Providing an independent analysis (appraisal review) of your expert witness or opponent's appraisal report with suggestions on how to effectively emphasize the strengths and weaknesses and minimize or overcome weaknesses  

•Help prepare deposition and/or interrogatory questions to assist in extracting information that may lead to settling a case or to effective cross-examination at trial 

•Help prepare direct-examination and/or cross-examination outlines and questions that emphasize the strengths and/or weaknesses of a case in an organized and easily understood manner 

•Witness and attorney preparation, court room simulations, etc.