Litigation Support

Mr. Webb has supported dispute resolution cases since 1994 in superior court, bankruptcy court and for arbitrations. Cases have addressed a wide range of property and business issues, including fractional interest damages, partnership dissolution, title and construction defects, valuation standards, legal malpractice, lost profits, view and privacy impairments, leases and others. In addition to litigation support as expert witness, he also acts as a consultant to counsel, advising on valuation-related evidence, premises, options and strategies.

PRIMUS-VALUATION-BADGE-LOGO-3251Experience with writing and teaching on a variety of valuation topics means that your expert’s opinion is presented clearly and persuasively. For specific practice areas, see also Valuation Specialist.

Business and real estate appraisers also rely on Mr. Webb’s specialized expertise to solve fractional interest, partnership, and special-use property (enterprise value allocation) problems in arbitrations, mediations, eminent domain cases, and estate and gift matters.

Case studies serve to illustrate a small selection of successful litigation support assignments:

Financial impairments are often very difficult to value, as this timeshare bankruptcy case illustrates; see Case 4 – Damages in Paradise.

Support for counsel in resolving gift tax challenge worked out very favorably for the taxpayer, essentially using IRS’ argument against them; see Tax Court Tool Blunts IRS Challenge. The arguments’ foundation is presented in Case 1 – A Great Year for Discounted Gifts – but with a cautionary tale from Ludwick and Ludwick, a Wake-up Call for Lawyers.

Asset allocation is a challenge for appraisers when the assets are part of a going concern, since the mix of business valuation and real estate appraisal is not always addressed clearly by either profession. In Recycling Assets Worth Lots More than you Might Think, the fair market rent claimed by the taxpayer for a highly specialized-use property was challenged by IRS because it was more than a typical property would receive. The taxpayer was actually underpaying rent by a factor of two, allowing for ongoing tax benefits that were much greater than they expected.

A general partnership buyout clause was triggered, but only discovered 10 years after the event. A panel of three arbitrators determined damages based on asset valuation and the fair market value of the interest transferred, with discounts. Highly contentious; common sense prevailed in the face of some pretty intense smoke and mirrors. See Case 5 – The Foregone Buyout (Partnership Damages).

Sustainable_Finance_PWFall09_Webb