Litigation Support

The ability to explain and simplify complex business and valuation issues to a judge or a jury can be a significant differentiator and part of a winning formula. Don Erickson, ASA has testified over 30 times in trial on such diverse issues as minority interests, enterprise value, intangible values, intellectual property and royalty rate analysis, dissident stockholder cases, fairness opinions, economic damages and lost profits.

Our skills in this area are enhanced by being able to incorporate real world experiences and case studies coupled with theoretical and economic concepts, models and forecasts. Erickson Partners can combine the academically supportable financial analysis with transaction experience to develop understandable and credible financial opinions in complex valuation assignments.

We have worked on and succeeded in cases with the highest of stakes - WorldCom, Blockbuster, Walt Disney, Rainforest Café, the list goes on. We also bring the same effort and expertise to smaller clients where the stakes are no less important. No matter whom our client is we do our best in developing independent and supportable opinions. When it counts, count on Erickson Partners, LLC.

Click to see more discussion on:

• Economic Damage and Lost Profits Analysis
• Dissident and Oppressive Shareholder Actions
• Regulatory and Tax Litigation
• Intellectual Property

Economic Damage and Lost Profits Analysis
This area of practice is one in which Erickson Partners has especially in-depth knowledge and experience. Our experts have handled cases from less than $1 million in damages to over $1 billion.

This is an area of practice that combines all skills of a valuation expert, financial detective, and a practical economist. A company cannot afford to merely ignore what appears to be an unsupportable claim and simply cross examine the opposing expert. This can lead to financial disaster as reflected in the famous Texaco/Pennzoil case. Instead, careful economic and financial analysis of the claims and the development of appropriate counter positions must be done.

Many times the key to a successful position is an in-depth understanding of the value and profit drivers of a business and being able to correctly isolate the financial and competitive changes that affect that business.

We have been successful on both the plaintiff and defense side of cases. We have been able to effectively develop and support damage claims (where appropriate) for plaintiffs as well as defending companies from claims that sometimes if inadequately defended or supported can lead to damage awards that should not have happened.

Dissident and Oppressive Shareholder Actions
Erickson Partners' professionals have had a long history of providing quality independent valuations subject to the terms of a shareholders agreement or a buy/sell agreement. Our experience and independence have allowed us to help companies through the process smoothly. We also have often acted as a third party valuator if disputes arise as to values.

Many times our clients are in need of a strong and supportable valuation in order to settle stock valuation disputes as it pertains to not only private, but public companies as well.

Regulatory & Tax Litigation
Some cases that are tax or SEC oriented require a valuation expert with strong knowledge of tax or accounting rules as they pertain to valuation. Erickson Partners has the background and experience needed to excel in these situations. Don Erickson was a partner in the tax group of Arthur Young and later Ernst & Young and has testified numerous times in cases related to these issues.

One recent example was the WorldCom Securities case. The area of the case Erickson Partners was involved in was related to FAS 121. Plaintiffs claimed Arthur Anderson had improperly performed its FAS 121 analysis in 2000 and 2001. Having been a partner in Ernst & Young's valuation practice and performed numerous FAS 121 reviews, Mr. Erickson was able to identify, analyze and successfully rebut key issues in the case and in the work prepared by the professionals and experts for the other side.

Intellectual Property
Erickson Partners has valued numerous patent, trademarks, contracts, customer lists, and secret technology over the last 30 years. Our core understanding of the nature of intangible assets and intellectual property allow us to be able to recognize, analyze and assess value to them. Don Erickson has also previously testified to appropriate market royalty rates for patents. Our team at the firm combines over 30 years of real world experience with strong analytical and research techniques to accurately and independently determine and support value in the courtroom, negotiating table, and the marketplace.