Commercial Litigation

Help bring an efficient, cost-effective resolution to a commercial dispute, across any industry sector, by working with Cherry Bekaert to unravel its accounting and financial complexities. Depending on circumstances, we can provide assistance and guidance throughout the litigation life cycle, from early case assessment and pre-trial discovery through trial and appeal. We also serve as independent forensic accounting and
damages experts.

Get independent analysis of the economic risks, costs and potential benefits of litigation in matters such as:

  • Accounting disputes
  • Breach of contract
  • Intellectual property
  • Distributor disputes
  • Licensing & franchise disputes
  • Employment disputes
  • International arbitrations
  • Joint venture & partnership disputes
  • Tax controversy matters
  • Professional malpractice
  • Construction default &
    delay claims

Post-acquisition Disputes

When you’re dealing with complicated post-acquisition disputes, Cherry Bekaert has the resources to help you resolve them. Whether you need assistance analyzing purchase price issues, assessing the value of businesses and subsidiaries, or someone to facilitate dispute resolution, you will get innovative and common-sense solutions. We are able to assist, whether from the buyer’s or the seller’s perspective, on issues such as accounting judgment and valuations, and present our client’s claims or defenses to a trier of fact, such as a referee, an independent arbitrator or a mediator.

Damages Analysis

It takes a thorough understanding of the interrelationships among damage components, linkage to causation and ultimate liability in order to prepare or to rebut damages analyses. Our professionals apply their accounting, forecasting and financial reporting skills and experience to develop logical and defensible determinations of economic damages. You get calculations of economic damages that our experts can present in a clear, concise, defensible manner. We are also experienced in the critique and rebuttal of opposing expert analysis.

Expert Testimony

When you ask anyone from our team to prepare for and to deliver expert testimony on your behalf, you will take part in a collaborative approach where we present our knowledge and experience in accounting, tax, finance, economics, valuation and forensics to help make your case. We have testified on behalf of plaintiffs as well as defendants in a variety of venues, including federal and state court proceedings, at arbitration, mediation, and before administrative agencies and the U.S. Tax Court.

We can provide testimony on a wide range of expert services, including:

  • Analysis of financial records
  • Research on relevant economic, industry & market data
  • Assistance in developing & responding to discovery requests
  • Formulation of deposition questions
  • Document review & management
  • Critiques of opposing expert analyses
  • Scenario analyses
  • Financial advice in the settlement process
  • Support for witness preparations
  • Preparation of expert opinions, affidavits & reports

Business Valuation

Sound valuations can not only solve problems, they can prevent problems. Our business valuations are based on methods commonly used for the specific valuation purpose. They are supportable and we communicate them clearly based on the audience and its intended use.

Our valuation consulting services are often used in connection with disputes, buy-sell transactions, due diligence and day-to-day corporate management. We will explain how we can help you obtain the right services at the right time to facilitate transactions or resolve disputes.

Valuation services include:

  • Litigation consulting & expert witness testimony
  • Transaction advisory services
  • Valuation of intangible assets & goodwill
  • Valuations of family businesses and interests
  • Tax-related valuation opinions

Business Insurance Claims

Whether you are preparing to file a large or small insurance claim, we can provide comprehensive, logical and well-documented claims assistance that results in a cost-effective claims process and the best possible claim settlements. Should your claim go to court, we have the experience to present our analysis in a clear and concise manner to support our expert opinion. We have served as testifying experts on large first-party and third-party insurance litigation matters.

When you decide to collaborate with us, you tap into:

  • Experience preparing claims across a wide variety of industries, including areas requiring special knowledge and expertise such as high technology, manufacturing, hospitality and gaming, retail, real estate, energy, hospitals, transportation, medical devices, and restaurants (and more).
  • Experience preparing complex property and business interruption claims resulting from natural catastrophes like hurricanes, fires, floods, and tornadoes. We have also assisted clients prepare claims for terrorist and cyber-attacks, employee embezzlement, builder’s risk, equipment breakdowns, product recalls, and other business threats.
  • A collaborative approach, where you and your management team will work closely with us, the insurance broker, the claims adjuster, and legal counsel to prepare creative, detailed and convincing insurance claims.

Rely on Our Claims Experience in:

  • Property & business interruption
  • Contingent business interruption
  • Builder’s risk & surety
  • D&O/E&O
  • Cyber risk
  • Product recall & defects
  • Fidelity & fraud
  • Product liability
  • FEMA

Forensic Accounting Services

Dealing with or preventing accounting and compliance issues is easier when you have a team with experience and knowledge on your side – experts who can help to analyze and reconstruct corporate books, records and electronic information, and participate in fact-finding interviews.

When you need us, we react quickly and confidentially to safeguard assets and reputation, resolve matters with minimum disruption to the business and mitigate recurrences by recommending effective controls. Once we have gathered the facts and analyzed the issues, we prepare reports and presentations of our findings for you that stand up to regulatory and judicial scrutiny. When you’re faced with complex accounting and reporting issues that arise from situations occurring outside the normal course of business, find out how we can help
you with:

  • Fraud & complex financial investigations
  • Audit & special committee investigations
  • Financial statement misstatements, inadequate
    disclosure & restatements
  • Whistleblower allegations
  • Regulatory inquiries
  • Independent internal controls & fraud risk assessment
  • Compliance & transaction risk assessments
  • Mergers & acquisition fraud services
  • Ponzi schemes, embezzlement & kickbacks
  • Receiver, trustee & independent monitor services
  • Accountant liability