Valuation situations often involve litigation; in those situations, even the best-prepared appraisal report must often be defended. The CapVal team has years of experience working with attorneys to define damages associated with a wide range of situations. These include business damages (including damages associated with personal injury), theft of trade secrets, eminent domain, shareholder oppression, and constructive fraud claims. While we become an integral element of a litigation team, we retain our independence, and we tell our clients what they need to know, not necessarily what they want to hear.
Our Principals have extensive experience in both court and alternative resolution situations. Jim Lurie also holds the designation Business Valuator Accredited in Litigation (“BVAL”) from The Institute of Business Appraisers. Our Principals have been qualified as expert witnesses in valuation, damages, banking-related, and accounting issues in Federal District Court (Vermont), United States Bankruptcy Courts (North Carolina, Georgia, and Vermont), and various state courts (North Carolina, Vermont, New Hampshire, Kentucky, and Massachusetts). Jim Lurie is a member of the American Arbitration Association’s Panel of Neutrals for commercial cases, and has served as a mediator for the United States Bankruptcy Court (Delaware).
An important corollary to our litigation support services is advisory services to law firms in matters of valuation and damages. Working for the law firm, we will help attorneys digest and challenge the content of reports and proposed testimony so that they thoroughly understand the standards, methods, assumptions, and conclusions. The result is improved inquiry in direct and cross examination, and the avoidance of reports, conclusions, and testimony which may be damaging to the client.
