Litigation

Arxis Financial’s “Litigation Support” practice provides objective and independent evaluation of the economic and financial issues involved in commercial and civil litigation.   Clients are pleased with our professionals’ abilities to clearly, persuasively, and accurately present economic and financial arguments.  We have experience resolving disputes in a wide variety of matters, and an array of industries.

Arxis Financial provides valuation expertise in a variety of scenarios to determine the value of a business, the value of an ownership interest, and the change in value over a specified period of time. These valuation services are often performed in the context of commercial and civil litigation. However, there is tremendous value in a business appraisal in estate and gift tax planning, succession planning, and buy-sell agreements.

Our specialists provide clients with a comprehensible valuation that aids attorneys, business owners, management, and financial planners in decision-making.  We also have extensive experience in presenting and defending our findings in the context of litigation.

Our specialists have determined the value of business and personal assets for numerous situations, including:

  • Acquisition Due Diligence and Pricing
  • Bankruptcy and Foreclosures
  • Buy/Sell Agreements
  • Charitable Contributions
  • Eminent Domain / Condemnation
  • Equity Financing
  • Estate Planning and Gifting Programs
  • Fairness Opinions
  • Family Limited Partnerships
  • Franchises
  • Intangible assets
  • Lease vs. Buy
  • Lender and Private Financing
  • Life Insurance
  • Liquidation or Reorganization
  • Marital Dissolution
  • Mergers and Acquisitions
  • Stock Options
  • Succession Planning
  • Transfer Pricing
  • Warrants

Arxis Financial offers litigators exceptional forensic accounting support.  With thousands of clients served over the decades, we have developed a depth of expertise in working with businesses of all sizes from many industries, as well as individuals throughout all economic strata. This experience carries over significantly to our “Forensic Accounting” practice.

Our services include reconstruction of accounting records, analysis of business transactions, document review and tracing, and expert witness testimony.

Our professionals assist in quantifying the financial and economic issues in matters involving:

  • Business Interruption
  • Business Valuation
  • Owner Disputes
  • Fraud
  • Contract Disputes
  • Employee Theft
  • Estate, Gift and Probate
  • Insurance Claims
  • Insurance Fraud
  • Inventory Losses
  • Loss of Earnings
  • Marital Dissolution
  • Mergers and Acquisitions
  • Personal Injury
  • Probate
  • Product Liability
  • Professional Malpractice
  • Property and Liability Losses
  • Trade Secret Theft
  • Wrongful Termination

We apply detailed investigation and analysis that is necessary to uncover essential facts and provide meaningful insights. Expert analysis and conclusions are presented in depositions and trial at local, state and federal court levels as well as mediation and arbitration.  We assist attorneys in interpreting the data, and help counsel to understand and analyze events or issues. This level of support can be a key asset in determining a legal strategy as well as reaching a reasonable and efficient conclusion.

Arxis Financial’s “Litigation Consulting” practice provides objective and independent evaluation of the economic and financial issues involved in commercial and civil litigation.   We work with litigators through the evaluation of opposing party’s claims, assistance in preparation of deposition and cross-examination questions, document request lists, other discovery assistance, analysis and calculation of damages, preparation of trial exhibits, and expert witness testimony.

Examples include:

  • Evaluating sales, inventory, and bank records
  • Reviewing financial statements for proper allocation of costs
  • Computing lost profits and economic damages
  • Computing lost income
  • Expert witness testimony
  • Evaluating reports of opposing economic experts
  • Preparation of rebuttal evidence, testimony, and interrogatories
  • Assisting counsel at deposition of opposing experts
  • Preparing estimates of lost market value and lost future earnings
  • Review of royalty agreements and payments

Clients are pleased with Arxis Financial’s abilities to clearly, persuasively, and accurately present economic and financial arguments.  We have experience resolving disputes in a wide variety of matters, and an array of industries. Issues we have been involved with include:

  • Breach of contract
  • Business interruption
  • Business valuation
  • Commercial litigation
  • Copyright, patent and trademark infringement
  • Disability insurance claims
  • Embezzlement and fraud
  • Insurance claims/bad faith
  • Inventory losses
  • Litigation Consulting Services for Inventory Losses/Fraud
  • Marriage dissolution
  • Partnership disputes and dissolutions
  • Personal injury
  • Product liability
  • Royalty agreements
  • Trade libel
  • Trade secret theft
  • Unfair business practices
  • Wrongful death
  • Wrongful termination

Increasingly, businesses are being victimized by internal fraud, a serious and costly crime.  Unfortunately, fraud is often undetected or under-estimated, since fraud, by its nature, involves concealment and deception.  Since most fraud investigations are initiated due to suspicions about a certain type of fraud or a suspected individual, it is helpful to engage the expertise of a trained fraud examination specialist.

Fraud Investigations
Fraud investigations differ from financial audits in that the focus is on oddities and accounting irregularities that indicate patterns of criminal financial conduct.  Arxis Financial employs trained professionals who specialize in the detection and prevention of fraud.  Our fraud investigators assist in determining whether fraud occurred, and if so, to estimate the extent of monetary loss or damages and to determine who committed the fraud.

Arxis Financial utilizes various investigative and analytical procedures to:

  • Support criminal or civil actions against an individual(s)
  • Provide evidence for insurance claims
  • Form a basis for termination of a dishonest employee
  • Uncover hidden assets in bankruptcy or divorce situations

Typically, these investigations involve review of documentation and electronic evidence, then organizing and managing these documents to aid in further analysis.  Interviews may be required of employees and others with specific knowledge of the transactions, aimed at exposing such fraud schemes and helping to expedite recoveries. Finally, we support the litigation process by working with attorneys to evaluate evidence and then provide expert testimony.

Fraud Prevention
Obviously it is better to establish systems and procedures to prevent fraud than to deal with the repercussions of the crime.  Our team of professionals help clients to identify those areas that are vulnerable to fraud.  We then provide recommendations and can assist in designing internal controls systems which can deter fraud or help to detect possible fraudulent activity.

These fraud prevention systems also can be designed to comply with Sarbanes-Oxley securities laws and other laws that deal with fraudulent financial reporting.  Further, our fraud prevention services help clients to minimize the risk of numerous forms of financial statement fraud, such as billing schemes, cash larceny, bribery and corruption.