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Corporate veil
- (Family Shareholder v. Family-Owned Business and Sibling Shareholders): Testifying expert for defense counsel in arbitration matter brought by a sibling shareholder of a substantial family-owned farming enterprise where plaintiff alleged usurpation of corporate opportunity and breach of fiduciary duties, and where plaintiff sought to pierce the corporate veil and receive a court ordered liquidation and distribution of all corporate assets. Analyzed financial statements and general ledger detail from inception for numerous entities to develop defense exhibits, diagramed complex flow of funds between multiple entities, developed valuation expectations and settlement options, prepared witnesses for testimony, consulted with mediators related to income tax and settlement issues, and prepared testimony and related trial exhibits for testimony. Result: Settlement.
- Hendgen McMinnville LB LLC v. Summercrest Development, LLC et al (Washington County Circuit Court, Case No. C101209CV): Testifying expert for plaintiff counsel in trial regarding counterclaim brought by defendant alleging corporate “milking” and other allegations in an attempt to pierce the corporate veil. Evaluated financial statements and transactions, contracts and other related documents. Analyzed claims and provided testimony at trial. Result: Jury verdict for plaintiff.
- (California State Compensation Insurance Fund v. Undisclosed Policy Holders): Consulting expert to plaintiff Insurance Company alleging breach of contract and intentional misrepresentations by policy holder. Appointed by Insurance Company in vigorously contested lawsuit after discovery requests made by collection agency had lapsed, but prior to plan to dismiss case against defendant. Analyzed initial discovery requests and prepared discovery plan intended to yield more useful, yet not duplicative information from defendants than previously requested. Assisted plaintiff counsel in preparing litigation plan to pierce the corporate veil of defendant entities and recover directly from its owners. Prepared written discovery requests, assisted counsel in writing motions to compel defendants to release additional discovery requested, analyzed information received from defendants, identified additional related party individuals and corporations that could be named as additional defendants, analyzed transactions and documents that led to plaintiff amending complaint and seeking to pierce the corporate veil and recovery directly from the business owners, and evaluated and recommended potential testifying experts for trial. Discovery requests and litigation plan prepared with my assistance in this case have since been used by California State Compensation Insurance Fund as a template for all similar cases. Result: Settlement.
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