Litigation Support Services
Charter Oak uses its investigative skills to develop evidentiary bases to support various causes of action that counsel to tort committees may wish to pursue. Through our due diligence efforts, we also identify potential causes of action that we then pass on to counsel. These litigation support efforts have resulted in very substantial recoveries for our clients.
Charter Oak has uncovered and developed successful financial arguments for fraudulent conveyance in many assignments, increasing estate values by over a billion dollars. Through experience and strong analytical techniques we have identified significant fraudulent asset transfers which are often hidden through complex transactions, incomplete financial data, changes in intercompany agreements and financial misrepresentation. Some of our most significant discoveries have been the result of the deliberate, surgical approach employed by our experienced financial professionals.
Forensic Accounting and Finance
Our professionals utilize forensic accounting and finance techniques in connection with a number of matters that typically arise in chapter 11 proceedings, including the determination of asset ownership and valuations, identification of fraudulent transfers and conveyances, and analyses of transactions and other conditions that support a determination of alter ego liability. Forensic analyses are an integral part of the discovery. In coordination with our database and technology team, our financial experts have reviewed hundreds of thousands of documents in over 30 chapter 11 tort bankruptcies.
Alter Ego and Substantive Consolidation
Charter Oak has made successful financial cases for substantive consolidation of parent companies with debtor subsidiaries, one of the more difficult theories to prove and considered an "extraordinary" remedy by courts. Through detailed forensic analysis and experienced financial expert witness testimony, courts have upheld our findings, significantly increasing recoveries to tort trusts.
Expert Opinion and Testimony
Expert opinions and testimonies play an important role in effectively representing tort committees in chapter 11 litigation. While developing sound valuations and uncovering fraudulent transfers are essential parts of our work, it is also necessary to be able to clearly convey these complex financial concepts in court, often to non-financial audiences. Our experts have years of experience providing opinions and testimonies on a range of financial issues within the context of chapter 11 mass tort litigation.
Settlement negations are often an integral part of the bankruptcy reorganization process. We have assisted counsel in negotiating dozens of plans of reorganization. Charter Oak has a track record of success that has allowed us to have repeat engagements with the same firms and legal professionals.