Bond & Pecaro has extensive experience providing expertise in legal proceedings. Members of the firm have provided litigation support and expert testimony in a wide variety of venues, including state and Federal courts, tax courts, mediations, assessment hearings, arbitrations, bankruptcy courts, and regulatory proceedings before the FCC and other government agencies.
To date, members of the firm have provided expert testimony in over 75 regulatory, tax, and civil cases. Bond & Pecaro has represented plaintiffs and defendants alike. We carefully protect our reputation for impartiality. As a result, we do not have a history of, or reputation for, favoring one particular type of litigant that may be used to imply bias before the Court.
Just as the economics of the communications, technology, and media industries have changed, so too have the regulations that govern them. Bond & Pecaro has testified on such issues as the fair market value of technical equipment in breach of contract suits and bankruptcy hearings, the value of real property rights in cable television system property tax appeals, the value of national cellular telephone companies, and the value of equity in media, technology, and communications companies.
In the early stages of trial preparation, we typically provide our clients and their legal teams with not only a valuation report, but in-depth knowledge of all aspects of the industry on which the litigation is focused. That expertise helps provide the legal team with insights into aspects of the case that otherwise might have been missed. The result is a well-prepared legal team that provides the best possible representation for its clients.
Our involvement in a legal proceeding can involve any of the following areas:
Preparation of a valuation report – One of the most important aspects in a lawsuit is providing an unbiased valuation report that is well-grounded in terms of its assumptions and methodology and that can withstand the most rigorous scrutiny from the opposing side. This results in a credible report that the Court will assign great weight to in their deliberations. As a result, going into a trial or settlement negotiations, our clients can rest assured that their interests will be effectively represented.
Damages calculations – An important component of our reports can be conducting a damages analysis that uses the valuation report as a basis for determining the economic damages a client has suffered. These calculations can be from the standpoint of financial losses suffered by a plaintiff, or providing a rebuttal report that assists a defendant in mitigating the losses claimed by the plaintiff. We excel at presenting well-developed, credible evidence that will be accepted by the Court and provide the basis for a favorable decision by a judge or jury.
Pre-Trial Preparation – We can assist the legal team in analyzing documents related to the case and provide them with background information on the industry and valuation issues that benefits the attorneys in the analysis and development of their case. We have found that even the most experienced litigators find our in-depth knowledge of industry, financial, economic, and valuation issues provides them with additional background that helps them develop a superior case strategy. Our extensive experience can often help identify evidence that may not have otherwise been thought to be important, or can help focus attention on evidence that represents vulnerabilities for the opposition.
Expert report analysis – Bond & Pecaro is frequently asked to provide a thorough analysis and commentary on reports prepared by experts representing the opposing side in a lawsuit. Given our familiarity with the industries in which we specialize and current valuation practices, we are able to give unbiased opinions regarding the strength of the opposing expert’s appraisal report, including detailed comparative analysis of the methodology and assumptions utilized. This analysis provides the client with critical information that can be used both in settlement negotiations and at trial. In many cases, we have exposed factual and methodological weaknesses in the opposition’s expert reports that result in favorable outcomes for our clients. We are also frequently asked to reconstruct the calculations used by the opposing experts. These reconstructed models allow the attorneys to not only find errors in the opposition’s analysis, but permit them to conduct detailed “what-if” and sensitivity analyses to determine the results if specific parameters in the analysis are changed.
Settlement Negotiations – We provide the client and their counselors with valuable advice concerning the impact of various assumptions and parameters that might arise in settlement negotiations. These analyses are often conducted under demanding timeframes and severe pressure. This assistance can lead to substantial litigation savings for defendants or more lucrative settlements for plaintiffs.
For these and many more reasons, Bond & Pecaro is a logical choice to make for litigation support and expert testimony given how important legal proceedings can be to a company involved in litigation.