Litigation
We have a unique approach to litigation, having been clients ourselves. Our experience as advisors and owners has given us a deep understanding of financial matters – including those related to enterprise valuation, damages calculations, and the functioning of financial markets. We understand and respond to the need for genuine insight, and we use careful analysis to craft powerful and credible testimony.
DETAILED CASE STUDY
ADVISOR TO:
Facing a potential players’ strike, the NFL amended its broadcasting contracts to include “strike and lockout insurance” in the event that games were not played. Chilmark was retained by the NFL Players Association to provide an analysis of the economic impact of these changes as they affected the players.
We provide litigation consulting support both on a specific-retention basis and as part of broader engagements. Our litigation services include:
- Crafting economic arguments to support legal theories
- Drafting discovery requests and review of production materials
- Reviewing, analyzing, and critiquing opposing arguments and testimony
- Assisting counsel with all financial aspects of a dispute
- Preparation of expert reports
- Live testimony
Litigation Consulting Experience
TELECOM
Advised the U.S. debtors’ estate on matters related to the allocation of asset sale proceeds in a multi-jurisdiction, international dispute, and contested pension claims in the U.S. (PBGC) and the United Kingdom (PPF).
Provided expert witness testimony in connection with a material adverse change clause in a pending acquisition.
MANUFACTURING
Served as financial advisor to the company regarding aspects of asbestos litigation and potential legislative solutions. Also provided expert testimony in a contested financing transaction, and represented the company in a court-mandated valuation process.
Served as financial advisor with respect to economic arguments in a valuation dispute.
TRANSPORTATION
Provided expert testimony regarding enterprise valuation and the feasibility of the company’s restructuring plan.
FINANCIAL SERVICES
Provided expert testimony involving a multi-billion-dollar damages claim.
ENTERTAINMENT & MEDIA
Retained to provide expert testimony involving pre-petition transactions and the equity sponsors’ conduct in connection with those transactions.
Provided expert testimony involving broadcast contract rights, credit agreement covenants, and damages.
Provided expert testimony in a dispute involving valuation.
Provided expert testimony on enterprise valuation and diminution in value.
Advised the company on valuation-related litigation during its restructuring.
HEALTHCARE
Provided expert testimony in a $100 million dispute between a private equity sponsor and a distressed hedge fund involving the buyout and subsequent bankruptcy of ambulance company Rural/Metro.
Provided expert testimony in a valuation dispute at the center of a contested plan of reorganization.
Retained as financial advisor to the company regarding aspects of multi-billion-dollar asbestos claims.
RETAIL & CONSUMER PRODUCTS
Provided expert testimony involving a diminution in value claim.
Provided expert testimony on enterprise valuation.
Provided expert testimony regarding valuation in a contested plan of reorganization.
ENERGY
Prepared expert testimony involving solvency at the time of a pre-petition asset transfer and the economic implications of a settlement.
Provided expert testimony on valuation in support of a contested sale and confirmation process. Also advised the company in a mediation with its lenders over disputed security interests.
Provided expert testimony concerning valuation and the allocation of value among stakeholders in a contested plan of reorganization.
HOSPITALITY
Provided testimony regarding valuation and business plan feasibility, and advised company in mediation over disputed assets.