Proven Consulting Expertise + Real-World Business Experience
LITIGATORS & BANKRUPTCY COUNSEL
Commercial Litigators and Bankruptcy Counsel for Business and Personal Clients
Gauthier Consulting has provided strategic, financial, economic and accounting assistance to attorneys and their clients in matters involving negligence, breach of contract, lender liability, eminent domain, intellectual property, antitrust, employment, securities, marital, product liability, forensic and fraud investigations. We have provided expert testimony in Federal and State courts, arbitration, mediation and governmental hearings. In business restructuring and Chapter 7 and 11 bankruptcy matters, we have served as interim operations executive and have evaluated, prepared and presented reorganization plans for financing and court confirmation, and served as accountant for the trustee.
We have superior analytical ability, deep knowledge of specific industries and subject matter knowledge and are experienced in the legal process. Our unparalled technical competency includes finance and accounting, economic and econometric analysis, statistics and stochastic modeling, and asset and business valuation.
Forensic Investigation: Fraud and Money Laundering/Expert Testimony
Management team rapidly scaled "get rich quick" product offering. U.S. Attorney's office responded to consumer complaints and tax questions. Our engagement team was hired to investigate financial and accounting transactions of the company.
Provided written and oral testimony in closed hearing for U.S Attorney's office who subsequently prosecuted management on multiple counts of wire fraud and money laundering.
Construction Litigation/Damages and Expert Testimony
Plaintiff County sued various Defendants over the faulty construction of a courthouse and constitutional office building. The faulty construction led to microbial problems and, ultimately, to the demolition and reconstruction of the two buildings.
Assisted counsel with the development of liability theories and calculated damages which included reconstruction, relocation, financing and remediation costs. Developed theories allocating damages among the Defendants based on cause and effect relationships. Provided analysis to counter Defendant's and assisted with interrogatories, depositions and case strategy over two years. Provided expert testimony in state court and successfully presented financial damages and theory. Plaintiff won over $20 million in jury award. The damages award was upheld at the appellate level.
Class Action/Usury
Engaged by client to review consumer lender's activities in context of counsel's usury statute interpretation and applicable industry standard adherence. Opposing counsel gathered multiple borrowers and alleged violations of usury statutes in form and practice.
Sampled lending activity over several years. Worked with counsel on statute compliance and strategy. Compared and contrasted industry data with potential strengths and weaknesses in business' lending activity. Client activities are in compliance. Potential class action thwarted.
Antitrust/Lost Profits
A sole proprietor who dealt in collectible plates, lithographs and other artworks sued his major supplier of products for breach of settlement agreement and violation of antitrust laws.
Computed damages by projecting lost profits from the date of termination forward and the capitalized value of the business when sold at retirement
Environmental Litigation/Coastal Erosion Damages
Coastal governmental subdivisions complain that unprecedented coastal erosion is caused by defendant's failure to remediate the operational impact of its oil and gas drilling operations.
Developed damages theories, probability models and quantification of damages as part of national team of environmental lawyers and economists. Developed theories allocating damages among the defendants based on cause and effect relationships.
Product Liability/Damages and Expert Testimony
An ornamental plant producer sued a major chemical producer over an alleged tainted product that destroyed and/or retarded growth of inventory.
Assisted Defendant with production, document management, case strategy and depositions and developed alternate causation theories and financial models. Plaintiff settled immediately after our deposition.
Forensic Investigation: Fraud/Expert Testimony
A domestic broker of bulk gypsum alleged fraud in the product received from overseas shipments after our client, who purchased the gypsum through the broker, received deficient quantities on their orders.
Recreated the shipments of gypsum and factored loss and moisture changes from overseas routes to various docks to the client's plant and proved fraud at the broker's dock. The broker was watering the gypsum.
Intellectual Property/Lost Profits
A manufacturer of blast hole rotary drill rigs sued the Defendant, another manufacturer of blast hole rotary drill rigs, over the alleged patent infringement of a major component of the drill rig.
Assisted Defendant with rebutting Plaintiff's calculation of lost profits and determined a reasonable royalty rate for all rigs with the patented technology sold by Defendant.
Negligence/ Financial Institution/Damages and Expert Testimony
A consulting company was sued for negligence following the demise of a lending institution. Said company's negligence in performing their various underwriting functions was allegedly a cause of the institution's failure.
Assisted the Defendant in reviewing historical loan portfolio documentation, assisted in the evolutionary case strategy, analyzed the operations of the failed bank and the consulting company, prepared document requests, assisted in interrogatory questions and responses and calculated damages.
Chapter 11 Bankruptcy/Expert Testimony
A hotel group in Chapter 11 prepared a reorganization plan for confirmation.
Proved the infeasibility of the Debtor's plan through analysis of the business projections, management capability and industry cycle. Presented a feasible solution in initial hearings and prepared reorganization plan which was adopted at confirmation hearing.
Chapter 11 Bankruptcy/Expert Testimony
Debtor, an owner of citrus groves, filed for Chapter 11 bankruptcy protection. The reorganization plan called for the development of the plot of land into residential home lots.
Analyzed several appraisals from Debtor and Creditors, commenting on strengths and weaknesses therein. Analyzed projected cash flows and ability to meet claim payments under different absorption scenarios. Identified weaknesses in the subject residential real estate market. Testified in state bankruptcy court regarding findings.
Business Valuation/Expert Testimony
A business owner claimed that a portion of the business she sold was worth more than she received. The suit was for damages from the deficient price.
Reviewed Plaintiff's damages calculation and other necessary documentation. Proposed an alternative conceptualization of the relevant valuation issues. Testified successfully in state court.