Case Studies

FAILED SOFTWARE IMPLEMENTATION

This matter involves a dispute between a leading television and internet seller of jewelry and a software company.

Accumyn was asked to review and opine on the damages suffered by the jewelry seller as a result of the failed software implementation.  Accumyn determined the jewelry seller’s out-of-pocket costs and extra-expenses incurred as a result of failed software implementation. This included payments to the software company, as well to the other third-party vendors. This involved a determination of the value of the benefit received, if any, for each of these payments. Accumyn also determined the internal labor costs incurred by the jewelry seller in order to ameliorate the damage from the failed software implementation.

The assignment also involved the preparation of five lost profit models to determine the damages suffered by the jewelry seller as a result of various delays in obtaining functionalities that had been promised by the software company. Five additional lost profit models were prepared to determine the damages suffered by the jewelry seller as a result of internal projects that were also delayed as a result of the failed software implementation. These analyses involved determination of the expected incremental profits the jewelry seller would have experienced, if not for these delay periods.

Scott Bayley provided two expert reports and trial testimony in support of his opinions.

LOST PROFITS OF A CREDIT CARD COMPANY DUE TO A BREACH OF CONTRACT

This matter involves a dispute between a high-end credit card company that provides co-branded marketing services and a global payment processing company.

Accumyn was asked to review and opine on the damages suffered by the credit card company based on claims that the payment processing company breached its contractual and common-law obligations and interfered with the credit card company’s business operations.

Accumyn determined the credit card company’s lost profits as a result of the payment processing company’s actions.  This analysis was based on offsetting the credit card company’s expected program revenues by expected incremental program acquisition and variable carrying costs to derive future profit projections.  These revenues and expenses were determined based on the credit company’s historical operating results, as well as the typical operating margins in the credit card industry.

Accumyn then calculated the credit card company’s out-of-pocket  costs and extra-expenses incurred as a result of the payment processing company’s actions.  This included costs incurred by the credit card company in the process of re-branding its product, retaining its customers, and converting to a new payment network.

Accumyn also determined the internal labor costs incurred by the credit card company in order to ameliorate the damage from the actions of the payment processing company.

Additional analysis included a critique of the opposing experts’ damage calculations

Scott Bayley provided two expert reports and deposition testimony in support of his opinions.

Analysis of Health System Partnership

Assisted expert in connection with the business relationship between a health system and a medical doctor’s group partnership. Analysis included a business valuation of the health system with multiple locations and the value of economic benefits obtained from the partnership, and valuation of the partnership and its acute care facility. The engagement further required detailed analysis of guaranty fees paid by the partnership and the interest expenses charged on the credit facility between the parties.

Consulting Services for Insurance Claims from Hurricane Katrina

Accumyn’s expert provided insurance claim consulting services to a financial institution that suffered extensive property damage at over 50 branch locations, business interruption, and extra expenses as a result of one of the worst hurricanes on record. Accumyn documented and presented all claim components to the financial institution’s insurance carrier, identified additional losses, determined lost income, prepared advance requests and interim claims, and consulted regarding financial disclosures and proper accounting under Generally Accepted Accounting Principles.

Special Purpose Entity Analysis & Tracing Misappropriations

Assisted expert in connection with calculating damages of an Italian dairy company resulting from the alleged assistance by one of the world’s largest financial institutions. The alleged assistance consisted of off-balance sheet financings utilizing special purpose entities; debt financings disguised as “equity” via minority interest holdings; and allowing culpable insiders to utilize institutional bank accounts to misappropriate Company funds through a web of complicated fraudulent transfers with no business purpose. Work included forensic quantification of various transactions, tracing misappropriations, proof of cash, analysis of International Accounting Standards and rebuttal of opposing expert.