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Partial Case Experience in Acquisition Due diligence

J&H Parker Enterprises, Inc. v. FedEx Ground Package System, Inc. and Paul Morgan on behalf of Defendant rebutted alleged lost business value damages calculated by Plaintiff.  Provided written preliminary report regarding due diligence procedures, business value methodologies, and addressed issues of reasonable certainty regarding causation.  Case settled before trial.


Sabinske Family v. Acton Inc. – on behalf of Plaintiff, calculated damages suffered by the Plaintiff as a result of Defendants breach of contract.  Plaintiff sold a real estate development company to the Defendant.  Defendant paid the Plaintiff a down payment and contracted to pay the Plaintiff 70% of cash flow for the next 5 years.  Provided written report and expert testimony at deposition and trial.  Plaintiff was awarded $3.5 million in actual damages and $5 million in punitive damages resulting from fraud.


River Oaks Movie Rental, et al. v. Watson & Watson, et al. - assisted Plaintiff's attorney in determining the estimated value of River Oaks Movie Rental at date of purchase, including opinions regarding adequacy of purchaser's advisor in executing buyer's due diligence prior to purchase.  Provided damages calculations regarding Plaintiff's losses and expert testimony at deposition.  Case settled before trial.


James Tobey v. David Clevenger, Eric Shawn White and Empire Business Brokers of Dallas/Ft. Worth, Inc. – on behalf of buyer (Plaintiff) calculated damages relative to alleged misrepresentations supplied to Plaintiff from Defendant (Seller) regarding the purchase of a steel fabricating company.  Provided written report and expert testimony at deposition and arbitration.  Plaintiff prevailed and received favorable award.


Metro Ford Truck Sales, Inc. v. Ford Motor Company, et al. – on behalf of Plaintiff evaluate the reasonableness of Ford Motor Company’s  capitalization requirements regarding the proposed sale of Metro Truck Sales, Inc. to the Cox Group and determine the appropriate accounting for Last in First Out ("LIFO") reserves in the calculation of the debt to equity ratio.  Provided written report, deposition and trial testimony.  Texas Motor Vehicle Board ruled in favor of Plaintiff.


James L. Powers v. William S. Stewart and Sarah Stewart and U-First, L.L.C. – Plaintiff sued Defendants for specific performance in an acquisition of their share of a business.  Defendants counter sued  Plaintiff and others for gross mismanagement, breach of fiduciary duties, and conspiracy to commit an unlawful purpose by unlawful means. On behalf of Defendants, prepared analysis and spreadsheets calculating damages due to mismanagement and breach of fiduciary duties.  Case pending.

 

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