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WHERE THE FACTS SPEAK
Below are a few of HSSK's Representative Engagements:
Estate of J Howard Marshall II, Deceased v Robert S MacIntyre, Temporary Administrator of the Estate of J Howard Marshall II
Valued the estate’s ownership interest in Koch Oil, the second largest privately held company in the United States
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Greenfield Energy, Inc. et al. v EOG Resources, Inc. et al.
International oil and gas contract dispute over Trinidadian oil and gas field for Canadian company against group of Trinidadian companies and a Houston oil and gas major, with damages estimated in the hundreds of millions of dollars. Case settled favorably for the client, who obtained a confidential settlement from all defendants, including several businesses that are located and operate in Trinidad.
International oil and gas contract dispute over Trinidadian oil and gas field for Canadian company against group of Trinidadian companies and a Houston oil and gas major, with damages estimated in the hundreds of millions of dollars. Case settled favorably for the client, who obtained a confidential settlement from all defendants, including several businesses that are located and operate in Trinidad.
Gulsby Engineering, National American Insurance Co., Bay Ltd., Gulsby-Bay Plant Partners, American Home Assurance Co. v Gulf Liquids New River Project LLC and Williams Energy Marketing and Trading Co.
HSSK was a named expert in one of the Top 100 Verdicts of 2006
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Willis Group, LLC and Seis-Strat Services, L.L.C. v Antares Enterprises, L.P. et al.
Engaged by representation of claimant, Willis Group and Seis-Strat Services in a dispute arising out of Willis Group’s acquisition of a majority interest in Seis-Strat from Antares. Antares originally sued the clients in Texas state court, asserting claims of shareholder oppression and breaches of fiduciary duty against Willis Group and its principals and seeking appointment of a receiver and seven figures in damages. The case went to arbitration and initiated the arbitration proceeding so the client, as claimants, could assert their fraud and breach of contract claims against Antares. The matter was arbitrated over the course of several weeks. Claimants were awarded damages in the seven figures. Antares was awarded nothing on the claims it originally initiated as the state court plaintiff.
Celtec v AT&T Wireless
Retained to determine damages to plaintiff resulting from defendants breach of contract to allow plaintiff to be exclusive distributor of cellular telephone service in portions of South Florida.
Fairytale Fragrances v The Disney Store, Inc., Disney Online, and Disney Catalogue
Engaged to determine damages to plaintiff from defendants’ infringement of trademarks. Determined retail sales and royalties received from infringing products licensed, manufactured, distributed and/or sold by or for defendant.
Friendship Motors v DaimlerChrysler
Engaged by defense counsel to rebut plaintiff’s claims for damages resulting from defendant’s alleged wrongful termination of dealership agreement.
J. Ray McDermott v Bredero Price
On behalf of the defendant, analyzed the plaintiff's $50 million damage claim for breach of warranty relating to the construction of an offshore pipeline in Namibia, Africa.
J. Zapata Industries v W. R. Grace
Engaged to analyze damages claim related to alleged infringement of patented technology in production of crown closures for beer bottles. Developed alternate damages model based upon analysis of reasonable royalty rate as evidenced in contracts with companies licensed to utilize technology.
Marine Antitrust Litigation
Working for the plaintiff steering committee, analyzed the defendant's bid and job files relating to the construction of over 300 offshore drilling and production platforms located around the world to develop evidence and supporting allegations of bid rigging and antitrust violations.
The State of Texas
On behalf of the State of Texas, investigated bidding and estimating practices in connection with the construction of prisons by the Department of Corrections, including analyzing the methods for computing fees paid to architects, engineers and contractors.
TransTexas
Corporation v BDS Associates, Inc. et al.
Analyzed the bookkeeping procedures for royalty and severance tax determination and prepared a damage analysis relating to the alleged theft and use of confidential corporate documents by former executives of the plaintiff.
WRT Creditors Liquidation Trust v LLOG Company
Action to recover $60 million in payments made to the defendant while the debtor was insolvent in connection with the purchase of oil and gas properties for an amount in excess of their fair market value. HSSK testified as to the plaintiff’s solvency at various times and to the value of the subject properties.
Banking
Methodist Hospitals of Dallas v Metabank
Engaged by counsel for the plaintiff regarding issues of banking practices, standards of care, and supervision of employees in an embezzlement case.
Emery v US Bank
Engaged by counsel for the defendant pertaining to banking regulations and normal and customary banking practices in a securities case.
Federal Land Bank of South Alabama v Mutual Money Investments
Engaged by counsel for defendant pertaining to commercial loan underwriting and lending practices in a fraudulent loan case.
Murphy v International Bank of Commerce
Engaged by counsel for the defendant pertaining to normal and customary banking practices regarding endorsements in an embezzlement case.
Bankruptcy Engagements
Principals of the firm have served in a number of different capacities in cases involving bankruptcy proceedings. Below are some examples.
As Expert Witness
USA Commercial Mortgage, debtor (mortgage banking)
American Bank and Trust, creditor (banking)
Reliance Bank, creditor (banking)
First Magnus, debtor (mortgage banking)
As Chapter 11 Trustee
Intermarque Automotive Products, Inc. (wholesale distribution)
Gecal, Inc. (retail)
1st Falcon Tire Disposal, Ltd. (service)
East Texas Hydro Technology, Inc. (retail water utility)
Vemery Enterprises, Inc. (land development and sales)
Don’s Western Wear Houston, Inc. (retail western wear chain)
DWZ Inc. (retail western wear chain)
East Texas Water & Sewer, Inc. (retail water utility)
DSS International, Inc. (silver extraction)
As Financial Advisor to Liquidating Trust
Total National Telecommunications, Inc.
WRT Creditors Liquidation Trust
Power Company of America Liquidating Trust
As Financial Advisor to Other Parties
HSSK professionals have provided economic analysis, tax
compliance, forensic examinations, and other financial
reporting and analysis services
Complex Valuation
Durham v Durham
Valuation of Durham Transportation and related entities. Durham is the largest privately held school bus transportation company in the United States.
Flintlock, Ltd. v WNS, Inc.
Represented plaintiff in the determination of lost profits and value of Flintlock due to actions by Wicks N’ Sticks.
Main Street Ventures, LLC v Shell Oil Products Company and Shell Marketing Holdings, LLC
Represented plaintiff in the valuation of a joint venture which was forced to cease operations upon defendant’s withdrawal.
Mullett v Mullett
Valuation of Wayne – Dalton, Inc., the second largest overhead door manufacturer in the United States with plants and offices in multiple states
Computer Forensics & E-Discovery, Corporate
- Found evidence implicating party of posting threats and derogatory information online. The judge referred the case to the district attorney on the basis of our report.
- Discovered our client’s former employee had copied to several external USB storage devices almost 20,000 files prior to the defendant’s departure from the company. Led to the files being returned and a favorable settlement.
- Recovered password-protected files on a CD containing financial information produced pursuant to court order in a lawsuit related to the operation of a healthcare practice.
- Determined that the defendant’s computer had been backed up prior to the deletion of a number of files in connection with a case involving the alleged theft of intellectual property. The determination led to the defendant’s admission that he had taken the property which led to its return and settlement of the case.
- Successfully recovered 10,000 deleted emails from a Groupwise server to assist a corporate client in responding to a request for a government investigation.
- Recovered from an employee’s computer internet searches and emails relating to a sexual harassment claim which were created prior to the occurrence of the alleged harassment, including emails to friends and coworkers outlining that the employee had elaborately planned the harassment claim.
- Proved former employee copied proprietary information to external drive when leaving the company to join a competitor and also had been viewing partner confidential compensation files.
- Found evidence that key employee accepted contracts in competition to employer and used the company’s resources to service those contracts. We discovered this evidence despite all computers produced having been reformatted in an attempt to hide the evidence, which led to our discovery that that IT personnel were in collusion.
- Examined email server to recover deleted email account in harassment lawsuit again gubernatorial candidate and former attorney general.
- Assisted client in complying with settlement agreement by wiping all files taken and derived from competitors.
- Recovered passwords for files that contained important estate values and asset listings after an unexpected death.
Healthcare
Eye Care Austin, P. A. et al. v Physicians Resource Group
Engaged by counsel for Eye Care Austin, P. A. (“Eye Care”) to analyze the damages incurred by Eye Care as a result of the alleged breach of contract by the defendant. Physicians Resource Group had acquired the business of Eye Care as part of a medical practice rollup strategy. Testimony provided by deposition, case settled prior to trial.
Integrated Health Concepts v U. S. Diagnostics, Inc., Mohammad Athari, M.D., and Don Ballard (October 1997)
Engaged by counsel for U. S. Diagnostics (parent of Integrated Health Concepts, Inc., (“IHC”)) to determine the fair market value of a 15% interest in the equity of IHC. IHC was a rollup of diagnostic clinics located throughout the United States.
Malpractice
Cotton’s Inspection Service v Ernst & Young, L.L.P.
Hired by counsel for the plaintiff to opine as to Ernst & Young’s compliance with generally accepted verification standards relative to the failure of a company which had acquired plaintiff’s assets for stock. Case settled.
Davis-Lynch, Inc. v William Norvill, et al.
Engaged by defense counsel to determine plaintiff’s damages as a result of defendant’s failure to apply for and prosecute an international patent on plaintiff’s technology.
Insurance Company
Retained to analyze bookkeeping procedures and work papers of an outside CPA firm in relation to misstated financial statements. Claim arose from losses paid by insurer from failure to detect understatement of reserves on financial statement of bank by outside financial review.
Insurance Companies (Three separate engagements)
Retained by attorneys for professional liability insurer to analyze damages against outside CPAs under claims of professional malpractice. Analyzed applicable professional standards in relation to services rendered by the CPAs.
WRT Liquidating Trust v KPMG
Engaged by plaintiff’s counsel to analyze the internal controls examination of a publicly traded oil and gas company which had failed one year after raising $100 million in the public markets. Case is pending.
Technology
Internet Patent Valuation, Company Financing
Determined the value of business methods patents of a UK Internet company which facilitate the interaction between businesses and consumers while maintaining confidentiality of consumer’s identity.
Internet Patent Valuation, Contribution of Assets to a Subsidiary
Determined the value of a portfolio of patents related to the use and delivery of electronic postage stamps over the Internet. The patents were to be contributed to a subsidiary.
Patent Infringement, Computer Manufacturing
Determined a reasonable royalty on behalf of plaintiff, a major manufacturer of personal computer components, for patent infringement by defendant, a major manufacturer of personal computers.
Patent Infringement, Internet
Engaged by plaintiff to value its patents related to the use of the internet in the delivery of postage, in connection with negotiations between parties to determine a reasonable royalty rate in order to settle the litigation. Analysis required determining an implied royalty rate, estimating future cash flows and analyzing various alternative licensing structures.
Patent Portfolio Valuation, Corporate Strategy Support
Valued business method patents owned by a major property and casualty insurer used to establish premiums based on the location and use of insured vehicles. Technology involved included telematic sensors, GPS devices and wireless data transmission systems.
Trademark and Trade Dress Infringement, Telecommunications Equipment
Evaluated apparent intent in trademark/trade dress infringement case relating to the cellular telephone accessory after market.
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