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FINANCIAL SERVICES

Financial services companies are facing unprecedented changes and demands that will redefine how they manage risk, go to market, acquire talent, and drive profitability going forward. Increasingly, traditional banks, insurance companies, and other financial services firms are facing competition from non-traditional sources, including online companies offering everything from asset management and financial planning to funds transfers and payment systems. BVA professionals are well versed in all lines of financial services, including banking, insurance, hedge funds, mutual funds, private equity, and asset management. In addition, BVA professionals have extensive experience in the technology, software, and IT services industries, which enables us to deliver a full suite of services and comprehensive solutions for our clients.

Allegations: Plaintiffs alleged that they had been granted compensatory options to receive a percentage of the growth in the company’s equity value realized over time.  After the company denied the existence of the option, Plaintiffs asserted claims for lost value.

Role: Developed expert analyses and reports assessing the value of over 60 legal entities owned directly and indirectly by the subject company through a complex corporate structure, which in turn informed the value of the alleged options. Provided significant consulting support in connection with various issues.

Results: The parties reached a settlement prior to trial.

Jurisdiction: 298th Judicial District Court, Dallas County, Texas

Allegations: Greenfield, an entity of a Saudi Arabian national, alleged that an independent investment manager committed common law fraud (among other claims) and sought $88 million in damages.   J.P. Morgan was alleged to have been obligated to monitor the investment manager’s activities.

Role: For JP Morgan, traced the flow of funds among investment vehicles and analyzed the ultimate investment results. Responded to Plaintiff’s expert report and provided deposition testimony on the deficiencies in his report.

Results: The jury found no liability or damages with respect to JPMorgan Chase.

Jurisdiction: Superior Court of California for the County of Los Angeles

Allegations: Plaintiffs, as beneficial owners of certain Revenue Certificates, alleged Defendants breached fiduciary duties and contractual obligations by failing to make periodic distributions despite having adequate funds to do so.

Role: On behalf of Plaintiffs, BVA evaluated numerous complex waterfall provisions in various interrelated agreements to calculate contractually owed distributions. BVA traced sources and uses of cash and demonstrated that actual cash flow was inconsistent with operative agreements.

Results: The parties reached a settlement prior to trial.

Jurisdiction: District Court of Dallas County, Texas 116th Judicial District