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Litigation, Valuation and Forensics

Business Valuation

Determining the value of a privately-held company requires a combination of knowledge and experience in the financial marketplace. Our valuation professionals are well trained in business valuation theory and possess a wide base of valuation experience. They have earned AICPA-ABV (Accredited in Business Valuation) and NACVA-CVA (Certified Valuation Analyst) designations by completing required courses and written examinations. McNair, McLemore, Middlebrooks & Co., LLC is a proud partner in the Financial Consulting Group, a national alliance of independent firms leading the valuation and litigation services industry. This partnership allows us to pool our technical expertise at a national level to provide you with the highest in quality service.

Valuations can be helpful in a variety of situations including:

  • Buying or selling your business – Whether you are considering selling your business or buying a business, it is essential to have a reasonable approximation of worth. Our analysts use several methods to determine how potential buyers and sellers view the business in question.
  • Strategic planning – A periodic business valuation serves as a measurement tool in identifying strengths and weaknesses that affect value. Through this valuable insight, it becomes possible to effect positive change in overall success and management effectiveness.
  • Gifting of assets – Transferring potentially appreciating assets to reduce your estate can be a valuable estate planning tax strategy. An independent valuation prepared in accordance with specific IRS regulations can help your gifts withstand IRS inspection.
  • Seeking business financing – An objective valuation provides evidence of the value of your business and assets that can help you obtain financing from investors and lenders.
  • Litigation – Whether a divorce, a business split, minority shareholder dissents, calculation of damages, eminent domain, or any of the myriad other reasons that one finds themselves involved in a litigated matter, “valuation” is almost always at issue. While getting a full conclusion of value report from a competent professional is critical, it is equally important that the professional be willing and able to provide expert testimony to judges and juries to express those conclusions in a manner that can be understood. We specialize in expert witnessing services and have professionals with many years of expert witness testimony experience.
  • Bankruptcy – Bankruptcies filed under Title 11, Chapter 7 or 11, generally must be able to demonstrate “insolvency” wherein the value of debts exceeds that of the available assets. This point is often in dispute between debtors and creditors and must be adjudicated in court. Our firm has professionals who specialize in bankruptcy and have represented both debtors and creditors in well over a thousand cases. We can provide you the consultation and/or expert witness services needed to resolve the matter of insolvency.

Other situations that may benefit from a valuation include family limited partnerships, buy-sell agreements, shareholder disputes, employee stock option plans, divorce, due diligence analysis, mergers and acquisitions.

If you have any questions regarding business valuation, please contact our valuation partners, Ray Pippin, Justin Bankston or Chris Edwards.

Litigation Support

Business litigation is often a very complex and emotional experience for all parties. McNair, McLemore, Middlebrooks & Co., LLC offers a full range of specialized financial, investigative and business services to attorneys and their clients for complicated financial and contractual situations. We can assist in all phases of litigation support including investigation, case preparation and strategy, expert testimony, fraud detection and estimating damages. Attorneys and their clients benefit by taking advantage of our years of knowledge and experience. Juries, judges and attorneys respect our expertise as we explain complicated business transactions in understandable terms.  We have valuable and relevant litigation experience in many areas, including:

  • Bankruptcy
  • Valuation
  • Racketeer Influenced and Corrupt Organizations (RICO)/li>
  • Marital (Divorce and Child Support Modifications)
  • Eminent domain
  • Lost profits and damages
  • Ponzi schemes
  • Shareholder disputes
  • Intellectual property
  • Regulated utilities
  • Personal injury
  • Shareholder disputes
  • Securities fraud
  • Occupational fraud
  • Criminal

If you believe that you need litigation services or have any questions about those services, please contact our litigation partner, Chris Edwards.

Forensic Accounting

Forensic Accounting.  All businesses and organizations are subjected to loss from fraud, whether it be from a fictitious employee or vendor scheme, a billing fraud, embezzlement, or outright asset misappropriation. Less common, but more costly, are those frauds related to financial reporting wherein revenues might be overstated or debts may be understated. McNair, McLemore, Middlebrooks & Co., LLC has numerous experienced and credentialed fraud professionals on staff that can help you through the mire of occupational fraud. Additionally, we can provide the critically important expert witness testimony to grand juries and at trial to ensure that our findings are spoken plainly and are clearly understood by the triers of fact.

Fraud Review.  In addition to our forensic accounting services, which are needed only after a fraud event has occurred, we also provide prophylactic fraud reviews and consulting. We will come in to your organization and dissect your internal controls to reveal where fraud weaknesses are most prevalent and potentially the most costly. Additionally, we can provide fraud awareness and education to your staff through “Lunch and Learn” or other more formal settings. Fraud losses can be devastating to an organization, often costing it many hundreds of thousands of dollars, and virtually all of them could have been eliminated through the process of periodic fraud reviews conducted by professional who are experienced in recognizing it.

If you have any questions or need any additional information about our forensic and fraud review services, please contact our forensic partners, Chris Edwards or Charles Hall.