• Financial Forensics - QuickRead Top Story

    The First Brands Saga Continues: What Might an Investigation Look Like

    November 5, 2025

    The First Brands Chapter 11 filing, the questions raised regarding its use of off-balance sheet financing and its new leadership, is setting the stage for an investigation. In this article, the author shares what may ensue at this early stage of the controversy. Introduction Automotive News[1] reported that, on October 13, 2025, First Brands reported its founder, Patrick James, had stepped down as CEO and will be succeeded by Chief Restructuring Officer, Charles Moore, on an interim basis, as the auto parts maker advances its Chapter 11 bankruptcy process. On the same day, the Wall Street Journal[2] reported that First…

  • Financial Forensics - QuickRead Top Story

    First Brands: How Exactly Did $2.3 Billion Vanish?

    October 22, 2025

    First Brands Group Holdings has filed for Chapter 11 bankruptcy, capping weeks of turmoil sparked by creditor concern over the auto-supplier’s use of opaque off-balance sheet financing. The U.S. Department of Justice has launched an investigation into the circumstances leading to this company’s collapse. In late September 2025, U.S. auto parts maker, First Brands, filed for bankruptcy relief. A key issue that is under investigation is a $2 billion factoring arrangement. The U.S. Department of Justice has launched an investigation into the circumstances leading to this company’s collapse. This article raises several initial questions regarding the use of off-balance sheet…

  • Litigation Consulting - QuickRead Top Story

    Case Study: Creative Cash Flow Analysis for Bankruptcy Assignment

    September 10, 2025

    Earlier this year, the author received a business bankruptcy assignment which called for assessing the cash flow for a particular asset in a bankrupt estate and how the circumstances of the estate affected the value of that particular asset. As this assignment continued through testimony and the judge’s ruling, the author wanted to share his experience. While working as an economic expert, I receive numerous assignments in the areas of personal damages, commercial damages, and business bankruptcy. While the assignments for personal and commercial damages cover the waterfront for forensic economic analyses, they have similar aspects in common. One party…

  • Litigation Consulting - QuickRead Top Story

    Escaping Burdensome Real Estate Leases in Bankruptcy

    April 26, 2023

    Relief for the Tenant? Grief for the Landlord? With an anticipated increase in brick-and-mortar retailer bankruptcies, landlords may find themselves with little control over the future of their leases with bankrupt retailers. The Bankruptcy Code was designed to provide a “fresh start” to debtors whose balance sheet was weighed down by too many obligations, too little income, or insufficient cash flow. A debtor demonstrating a reasonable likelihood of a successful reorganization may be entitled to rid itself of costly real estate leases. But what are the rights of the landlord? A recent decision in the Southern District of New York,…

  • Litigation Consulting - QuickRead Top Story

    The Continuing Saga of Amber Heard and Johnny Depp

    January 11, 2023

    Is Bankruptcy the Next Stop and is a “Fresh Start” Available for Amber Heard? The well-publicized defamation case of Johnny Depp and Amber Heard resulted in a substantial judgment against Heard. Setting off the amount awarded to Depp, Heard will be liable for approximately $8 million in compensatory and punitive damages. If Heard files for relief under bankruptcy law, is that judgment dischargeable? What can Johnny Depp do if that arises to protect his interest? This article discusses substantive issues that may arise if that were to occur. A fundamental concept of American bankruptcy law is to provide a “fresh…

  • Litigation Consulting - QuickRead Top Story

    Voidable Transfers at Issue in Sandy Hook Litigation

    November 30, 2022

    The Statute of Elizabeth Lives On The Sandy Hook school massacre is the subject of multiple pending litigations commenced by the families of students killed in the tragedy. Alt-right radio show host and prominent conspiracy theorist, Alex Jones, is the main target of these actions following years of broadcasting that the shooting was a hoax. The initial actions are based on allegations of defamation and intentional infliction of emotional distress. Unfortunately, the entry of this judgment against Jones is not the end of the legal battle for the plaintiffs as they are now faced with the harsh reality that Jones…

  • QuickRead Top Story - Valuation/Appraisal

    Best Practices for Bankruptcy-Related Property Appraisals

    October 12, 2022

    Part IV of IV This article is the fourth (Read Part I, Part II, and Part III) and final part of a series related to the development of—and the reporting of—a bankruptcy-related appraisal of debtor company industrial or commercial property. This part considers (1) the valuation synthesis and conclusion process and (2) the reporting of the bankruptcy-related property appraisal. Introduction Property appraisals are a common element of most commercial bankruptcy proceedings. For purposes of this discussion, the term property includes real estate and real property, tangible personal property, and intangible personal property. This discussion is intended for valuation specialists (herein…

  • QuickRead Top Story - Valuation/Appraisal

    Best Practices for Bankruptcy-Related Property Appraisals

    October 5, 2022

    Part III of IV This four-part article summarizes what valuation specialists in all property appraisal disciplines (herein called “appraisers”), company managements, and their legal counsel need to know about property appraisals prepared within a bankruptcy environment. For purposes of this discussion, the term property includes real estate and real property, tangible personal property, and intangible personal property. Part one of this article discussed the reasons to conduct the bankruptcy-related property appraisal. Part two of this article discussed (1) the elements of the property appraisal assignment and (2) the appraiser’s due diligence considerations. This third part summarizes the generally accepted bankruptcy-related…

  • QuickRead Top Story - Valuation/Appraisal

    Best Practices for Bankruptcy-Related Property Appraisals

    September 28, 2022

    Part II of IV This article is part two (read Part I here) of a four-part series related to the bankruptcy-related appraisal of industrial and commercial company real estate and real property, tangible personal property, and intangible personal property. Part one of the series considered all of the reasons why a valuation specialist in any appraisal discipline (herein called an “appraiser”) may be retained to value the debtor company property within a bankruptcy context. This article considers what the appraiser, the client, and the client’s legal counsel need to know about the bankruptcy appraisal assignment and process. Introduction This article…

  • QuickRead Top Story - Valuation/Appraisal

    Best Practices for Bankruptcy-Related Property Appraisals

    September 21, 2022

    Part I of IV This is the first article of a four-part series. This initial article summarizes the generally accepted property appraisal approaches and methods that appraisers typically consider in a bankruptcy-related assignment. This discussion also describes the property appraisal synthesis and conclusion process. Due to the litigious nature of a bankruptcy proceeding, bankruptcy-related property appraisals are often subject to a rigorous contrarian review. Therefore, this discussion summarizes what the parties-in-interest (and their legal counsel) and the appraiser should know about an effective (i.e., persuasive) bankruptcy-related property appraisal report. Introduction After adjusting to the initial pandemic-related disequilibrium, many industry segments…

  • Litigation Consulting - QuickRead Top Story

    Chapter 11 Bankruptcy

    August 19, 2020

    Expert Assignments and the Impact of COVID-19 COVID-19 has had a dramatic impact on the global economy. As the economic crisis deepened, the Wall Street Journal reported, “The nation’s bankruptcy industry is bracing for a wave of business collapses triggered by the coronavirus pandemic as its ranks have been thinned by a decade of economic growth.” Working on business bankruptcy assignments in 2020 will present a special set of challenges for experts based upon the COVID-19 pandemic. For many industries, and for many individual debtors, there may be a dearth of post-COVID operating information and widely varying views as to…

  • QuickPress

    Lack of Communication Killing Family Wealth

    June 20, 2018

    Lack of communication and trust has depleted 60 percent of family fortunes, according to a recent white paper from BNY Mellon’s Pershing entitled “Parent Trap: Avoiding Common Multigenerational Wealth Planning Pitfalls.”  On the other hand, poor financial planning accounts for three percent of bankrupted family wealth. To read the full article in Financial Advisor, click: Lack of Communication Killing Family Wealth.

  • Litigation Consulting - QuickRead Top Story

    Commercial Damages and Lost Profits

    March 28, 2018

    Case Study of a Real Estate Developer For most lost profits cases, the losses begin at the date of the harmful act and end when the injured party is returned to the position it would have had “but for” the alleged damaging act of the defendant. However, not every lost profit matter is a breach of contract where beginning and ending dates can be easily defined. Sometimes losses may not occur until a period in the future. This situation requires the expert to assess the facts of the case and anticipate the market and economic environment when calculating these future…

  • Litigation Consulting - QuickRead Top Story

    Chapter 11 Bankruptcy

    November 29, 2017

    Unsecured Creditors: Risk and Cramdown Rates (Part II of II) This is the second of a two-part article, read Part I here. In October 2017, the Second Circuit Court of Appeals handed down its decision on cramdown interest rates in the matter In re: MPM Silicones, LLC. This decision has already stirred a great deal of discussion regarding cramdown interest rates to be paid secured creditors in Chapter 11 bankruptcy matters. Numerous articles have appeared on-line discussing the impact of this decision. These articles follow in a long line of literature on cramdown hearings and secured creditors. Conversely, little has…

  • Litigation Consulting - QuickRead Top Story

    Chapter 11 Bankruptcy

    November 21, 2017

    Unsecured Creditors: Risk and Cramdown Rates (Part I of II) This is the first of a two-part article. In October 2017, the Second Circuit Court of Appeals handed down its decision on cramdown interest rates in the matter In re: MPM Silicones, LLC. This decision has already stirred a great deal of discussion regarding cramdown interest rates to be paid secured creditors in Chapter 11 bankruptcy matters. Numerous articles have appeared on-line discussing the impact of this decision. These articles follow in a long line of literature on cramdown hearings and secured creditors. Conversely, little has been written about impaired…

  • QuickRead Featured - QuickRead Top Story - Valuation/Appraisal

    Valuing Contingent or Disputed Assets and Liabilities in Solvency Opinions

    July 19, 2017

    Part I of II This is a two-part article. A variety of methods may be appropriate, depending on the context, to value contingent or disputed assets or claims in solvency opinions. These include probability discount, hindsight, and traditional valuation of future earnings. Other possibilities are the cost of insurance or Monte Carlo simulation. The authors discuss the cases and the uses and limitations of the various methods.

  • Forensic Accounting - QuickRead Featured - QuickRead Top Story

    Selecting the Right Forensic Accountant

    August 24, 2016

    Can Effect the Outcome of a Case One of the most critical decisions practicing attorneys have to face is the selection of a forensic accountant. The specialized training and expertise of forensic accountants and the role they play, either as consultants or as expert witnesses, can make the difference in the final outcome of a case. However, it is critical that the right person with the right expertise, training, and background be selected. This article will describe the various areas of specialization in which a forensic accountant performs, how to select the right professional for the job, and the benefits…