Post-Acquisition Disputes

BDO Consulting assists clients in resolving post-acquisition disputes by serving as neutral accounting arbitrators, testifying witnesses and consultants. Our multidisciplinary professionals draw upon core strengths of accounting knowledge, transaction experience and other dispute resolution skills to identify, research and present accounting and other post-acquisition dispute issues and their appropriate treatment. As a division of a nationally recognized accounting firm, BDO Consulting combines industry experience with a focused, dedicated, hands-on approach to each engagement to deliver unparalleled services to our clients.

Accounting Arbitrators

As neutral accounting arbitrators, our professionals work with the merger and acquisition parties to establish a process for the proceedings, address outstanding discovery issues and request submissions outlining the parties’ positions. During the arbitration process, our neutral arbitrators may hold hearings to listen to arguments by counsel as well as testimony from fact and opinion witnesses. We carefully consider the parties’ submissions and relevant accounting literature and analyze the contemporaneous transaction documents, business materials and financial information produced by the parties.

Our professionals have assisted with the resolution of post-closing purchase price adjustment disputes, including net working capital adjustment and earn-out calculations encompassing a wide range of topics such as:

Opinion Testimony

BDO Consulting professionals are retained by counsel for buyers, sellers and merging entities to evaluate potential post-acquisition claims based on their extensive accounting backgrounds in order to present their opinions as witnesses. Whether the dispute resolution forum is trial, arbitration or mediation, our witnesses typically present their findings in the form of written submissions, exhibits and testimony.

Having served as Rule 26 witnesses in federal court and provided testimony in other arenas, our partners and senior practitioners approach post-acquisition disputes with experience as persuasive and credible witnesses capable of withstanding rigorous cross-examination while maintaining independence and objectivity. With a significant track record of serving as neutral arbitrators as well as testifying witnesses, our professionals present testimony in a helpful, comprehensive and persuasive manner.

Consulting Services

BDO Consulting has often been retained on behalf of a party in a post-acquisition dispute as an accounting consultant. Our work in this role may begin with recommendations for qualified candidates to serve as the arbitrator based on the required skills to handle the issues in dispute. We most often assist clients by preparing written submissions, presenting interim and closing financial statements in accordance with GAAP or other contractual provisions and evaluating submissions by opposing parties.

We also assist counsel in identifying duplicate claims made by opposing parties and review draft decisions by the arbitrator to identify errors. Frequently, our professionals assist with the selection of an appropriate testifying witness—either from BDO Consulting, industry, academia, or specialty consulting firms—and work with counsel to prepare the witness for hearings. We also assist clients in evaluating settlement offers.

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