New York, NY
Melville, NY
Roseland, NJ
Greenwich, CT
Tinton Falls, NJ
Grand Cayman, BWI
1.800.921.0777

Litigation Services & Business Valuation Group


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Litigation Support
litigation@mkllp.com

Litigation and business negotiations commonly involve complex accounting, tax and financial issues that require specialized knowledge. As consultants or expert witnesses, Marcum & Kliegman LLP provides quality advice and assistance, with complete confidentiality, to offer insight and answers to difficult questions. Our professionals assist in the development of the case from a financial and strategic perspective. We gather and organize relevant data, perform research, and prepare schedules and reports in support of our findings.

Our Experts Assist Counsel in Preparing:

Shareholder & Partner Disputes
There are financial and tax implications to consider whether the separation is acrimonious or not,. Business dissolutions, like divorce, can be complicated. We provide the advice to make sound business decisions. The following are examples of the services that might be required in these situations:

  • Analysis of revenues, sales and/or fee income
  • Analysis of expenses, purchases and/or perquisites
  • Analysis of drawings and distributions to owners
  • Allocation of profits and losses

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Asset Tracing & Recovery
Regardless of the circumstances, there is most commonly allegations of hidden assets. This is found to exist in matrimonial actions, shareholder and partner disputes, employment relationships, etc. We make every attempt available to us to follow the trail of funds to find these hidden assets.

Matrimonial Dissolution
Typically these are extremely emotional cases that require the sensitivity and detachment of the professionals that represent the parties. We offer tax strategies, financial asset valuation and business appraisal services to ensure the equitable distribution of assets. We can assist in the preparation of a Cost of Living Analysis; make reasonableness assessments regarding a Statement of Net Worth, and determine income levels for purposes of equitable distribution, spousal maintenance or child support.

Insurance Claims/Damages & Lost Profits
Businesses and individuals often incur damages as the result of fire, theft, negligence, loss of service, or personal injury. Representing either the claimant or the insurance company, Marcum & Kliegman LLP will assess these damage claims to determine the actual and probable losses that were suffered upon the occurrence of an insured event. Our professional opinion is based on a review and analysis of historical and post-incident financial records and may include such claims as Loss of Earnings or Wages, Business Interruption, Loss of Business, etc.

Professional Liability Claims
When a professional advisor is suspected of rendering flawed advice, Marcum & Kliegman LLP can help conduct investigations surrounding the financial implications resulting from such negligence. We will conduct a review of accounting records, interview persons in financial positions, reconstruct missing financial data, research authoritative guidelines and procedures in cases of accounting malpractice, and assess the results of such actions.

Breach of Contractual Obligations
One of the more common instances of a breach of contract results when employees are suspected of violating their employment contract by redirecting customers to other companies or starting new businesses in direct competition with their employer. Other circumstances occur when persons appointed as trustees or fund managers misdirect funds for which they are responsible. Marcum & Kliegman LLP can assist in compiling the proper evidence to support these claims and recover damages as a result of these improprieties.

Tax Implications
Regardless of the circumstances, there are tax implications to consider. Knowing the best way to structure settlement negotiations in order to minimize taxes for our clients or at the very least, making our clients aware of the potential tax liability that may arise, is an area that Marcum & Kliegman LLP professionals are extremely well versed.

Tax Investigation & Dispute Resolution
The tax professionals at Marcum & Kliegman LLP are very knowledgeable in all forms of taxes, individual, corporate, partnership, payroll and sales taxes included. When clients are notified that they are the subject of an audit or criminal investigation by a taxing authority, we assist in their representation. We have supported our clients by reviewing underlying records, recalculating tax liabilities and providing the mechanisms to defend them against invalid or erroneous claims assessed against them.

Bankruptcy Proceedings
Bankruptcy Proceedings - Marcum & Kliegman LLP provides services to debtors in a bankruptcy proceeding or in out-of-court settlements. Out-of-Court Settlements - we assist the debtor (or the debtor's attorney) in the establishment of a plan to settle obligations and negotiate with creditors.

Services for a Debtor in Bankruptcy:

  • Gathering, analyzing, classifying and summarizing information for presentation in the official forms or schedules, monthly operating reports or disclosure statements
  • Assisting in identifying, classifying and valuing claims and any related collateral
  • Processing and reconciling claims submitted by creditors
  • Analyzing outstanding contracts or leases for potential avoidance
  • Developing and implementing a plan of re-organization or liquidation
  • Preparing prospective or pro-forma financial information, liquidation analysis or valuations of specific assets or the business as a whole
  • Preparing support for court motions
  • Expert witness testimony