Damages and Forensic Investigations

Our portfolio includes extensive experience in both the private and public sectors.  From smaller, local projects, to multi-billion dollar international megaprojects, Secretariat has provided a wide range of services to attorneys, owners, contractors, architects, engineers, financial institutions, government agencies, insurance companies, and sureties.  The following is a representative sampling of our engagements to provide greater insight into the depth and breadth of our capabilities.

Secretariat professionals directed the financial analysis of price fixing allegations and economic damages against Aventis (now Sanofi-Aventis) with respect to more than 150 civil antitrust cases, both federal and state, which alleged that vitamin manufacturers engaged in a decade-long conspiracy to fix prices and allocate markets. Additionally, support was provided in Aventis’s defense to worldwide civil litigation relating to price-fixing allegations in the vitamin industry, including individual and class actions in Canada, Australia, the U.K., the Netherlands, and Germany.

Dresser-Rand brought suit against two corporate and three individual defendants for alleged misappropriation of trade secrets. The individual defendants (prior employees), took extensive amounts of secret information related to the design and manufacturing of Dresser-Rand’s entire product line. Secretariat Professionals analyzed economic damages incurred by Dresser-Rand as a result of the alleged misappropriation, issued an expert report and testified in deposition.

Secretariat professionals analyzed damages in excess of $50 million suffered by Murphy Energy, an independent midstream oil and natural gas service provider, as a result of allegations made by Pemex alleged that Murphy Energy and the other defendants knowingly bought and resold stolen natural gas condensate. Murphy Energy counterclaimed for business defamation and tortious interference related to the failed sale of the company to a third party and their inability to obtain capital as a result of the negative publicity surrounding the lawsuit.

Secretariat professionals investigated breaches of fiduciary duty with regard to firm risk management and reporting, as well as investment in residential mortgages. They were also involved with investigating Lehman’s solvency and the valuation of Lehman’s assets as the financial advisor to the Lehman Brothers bankruptcy examiner, Anton Valukas.

Secretariat professionals advised the Trustee for the Liquidation of Bernie L. Madoff Investment Securities, LLC, leading teams focused on Solvency, Valuation of Assets and Damages, and participating in various aspects of the fraud investigation and identification of Red Flags

Secretariat professionals provided damages consulting services for the US Government in a multi-year, complex securities litigation matter involving an alleged “taking” of equity ownership by the US Government during the Global Financial Crisis. Plaintiff was ultimately awarded $0 damages.

Secretariat professionals were engaged on a multi-year consulting assignment in a matter involving the alleged “taking” of franchise rights for over 200 auto dealerships whose franchise agreements were terminated in connection with the bankruptcies of GM and Chrysler. This work involved reconstructing financial data for each dealership and analyzing historical trends to determine the profitability and value of the dealerships.

Altana and Wyeth (Pfizer) v. Teva and Sun: Provided damages consulting services for Counsel representing a brand-name pharmaceutical manufacturer alleging patent infringement related to a Paragraph IV generic launch of its blockbuster GERD drug Protonix. Case settled the week of trial for $2.15 billion.

Secretariat professionals provided the audit committee and the FBI with forensic analyses of certain reserve accounts in a case involving earnings management and “cookie jar” accounting allegations of the Chief Accounting Officer of Beazer Homes, a Fortune 500 home builder.

Secretariat professionals were engaged on Deepwater Horizon to review and assess submissions for fraudulent claims to determine the amount of damages awarded in a settlement paying out in excess of 50 billion USD.

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