IRS vs. electronics/computer distributor. The IRS questioned the compensation of the president/owner of the company for three previous years.
Our Approach- The 12 critical factors identified by the IRS were addressed when the duties and responsibilities of the owner were analyzed.
- The owner's position was market priced and a methodology developed that determined the compensation was reasonable.
- Various databases were analyzed assuring a reliable and valid sample.
- Presented expert report to attorneys and testified during the trial.
Testimony accepted. There was a successful decision in favor of the business owner.
The Case: Equitable Distribution Of Executive Compensation In Divorce Proceeding
Our Approach- Initiated a thorough review of all compensation components submitted by one spouse and identified potential and reasonable additional long-term components for that spouse.
- Performed various analyses on all compensation components.
- Provided all relevant compensation information to an economist for valuation.
- Determined reasonable employment and compensation prospects for the other spouse.
- Provided examples of actual appropriate employment opportunities.
The case settled before trial. Our findings were accepted in the settlement.
The Case: Age Discrimination In Termination
A former employee sued a high tech company for age discrimination following a company-wide reduction in force.
Our Approach- Researched steps company undertook in formulating RIF policy, including severance.
- Analyzed resume and job search strategies employed by individual.
- Initiated review of business opportunity started by employee.
- Prepared detailed report for the company attorney.
Case settled. Our report was instrumental in preventing case from going to trial.
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The Case: Lost Compensation Due To Disability Resulting From Accident
A senior executive in a high tech company was seriously injured in an automobile accident with a trucking company vehicle and was unable to return to work in his field. Doctors had diagnosed the executive as permanently disabled and unable to return to his previous position.
Our Approach- Analyzed all salary and bonus history, employee benefits, executive perquisites, and stock options.
- Built an analytical model designed to forecast expected future compensation and benefits to retirement date based upon compensation trends in high tech industry.
- Utilized Black-Scholes methodology to calculate compensation value of stock option grants.
- Presented report to attorneys and testified at trial.
Our efforts were instrumental in securing a substantial disability income for the individual.
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The Case: Employability And Earnings Potential
In a divorce case, our client required an analysis of a highly paid practicing surgeon changing careers and attending law school.
Our Approach- Reviewed and analyzed available empirical data regarding fields of employment and earnings potential for individuals with MD/JD degrees.
- Conducted telephone interviews of medical malpractice and/or personal injury plaintiff attorneys, as well as prominent MD/JDs who have made the transition to full-time legal professionals in the relevant geographical area to determine potential employability and earnings potential.
Case settled after a short trial with content and opine of our report provided as a basis for projected employability and earnings potential.
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The Case: Excess Executive Compensation
In a derivative shareholder suit, our client claimed that senior executives of a corporation received excessive compensation and therefore there were no profits left to distribute to the shareholders.
Our Approach- Analyzed all executive salary and bonus history, employee benefits and executive perquisites in accordance with the factors that the IRS considers when evaluating excessive compensation.
- Constructed and provided analysis on various compensation models.
- Developed short and long-term compensation models.
- Deposed by opposing attorneys, assisted in developing the rebuttal to the opposition's expert witness.
Case settled immediately after the trial began based on the attorney's opening statement that referenced the opinion and content of our report. The corporation bought out the minority shareholder at a significant premium.
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The Case: Employability Of A Senior Executive
An international corporation requested an assessment of the executive job market to determine if suitable positions in the industry existed, following the termination of the company's U.S. president.
Our Approach- Analyzed the leading trade publications and built a database containing the announcements of the senior position filled for the time period in question.
- Determined that many similar positions were filled utilizing networking techniques and executive search firms.
- Analyzed and validated senior executive compensation in public companies to determine potential compensation levels of the highest compensated executives.
- Determined a reasonable compensation level for this executive to seek.
- Determined that there were over 90 positions that the former executive could have considered for employment.
Our analysis and testimony were part of a larger case concerning the termination and were instrumental in mitigating damages to our client.
