Litigation Support and Dispute Advisory

Helping companies and stakeholders to reduce risks and protect assets

Mackinac assists attorneys and their clients as consulting and testifying experts in complex business litigation and disputes. We provide sophisticated and objective expertise and analysis to clients and their outside counsel to assist in the resolution of litigation, arbitration, mediation, contract disputes and claims arising in bankruptcies, insolvencies, M&A transactions and other circumstances. We bring keen business insight and deep-rooted analytical expertise to the most demanding situations.

Our Clients

Our clients range from stakeholders in mid-sized private equity portfolio companies to Fortune 500 companies, including boards, committees, companies, creditors, debtors, examiners, independent directors, litigation trusts, regulators, trustees, receivers and other parties to litigation, investigations or disputes, as well as counsel representing their interests.

Our Experience

Our professionals have experience with a wide range of disputes complementing Mackinac’s core restructuring and advisory focus:

Insolvency-Related

  • Contested bankruptcy hearings
  • Avoidance actions (fraudulent conveyance and preference) and other adversary proceedings
  • Director and officer claims and other related litigation
  • Post-confirmation disputes
  • Board, independent director and special committee investigations
  • Examiner investigations.

M&A-Related

  • Post-acquisition disputes
  • Purchase price adjustments
  • Shareholder disputes
  • Statutory appraisal.

Other

  • Breach of fiduciary duty
  • Breach of contract
  • Tort claims
  • Accounting matters
  • Lender liability
  • Intellectual property.

Our Services

Mackinac assists clients and counsel throughout the litigation or dispute process:

  • Investigation of potential causes of action
  • Early case assessment and strategy
  • Discovery support (including eDiscovery)
  • Analysis of financial or business issues in dispute
  • Quantification of damages
  • Preparation of expert reports and rebuttal reports
  • Expert testimony
  • Alternative dispute resolution.

In the context of insolvency-related litigation, Mackinac professionals have experience addressing issues in many of the most complex and high-profile cases:

  • Financial Condition: Ability to pay debts as due, balance sheet solvency, capital adequacy, market evidence
  • Financial Performance: Reasonableness of financial projections and business plans, feasibility, industry assessments
  • Transfers: Identification, quantification, reasonably equivalent value, defenses, related party transactions
  • Valuation: Going concern and liquidation premises of value; income, market and asset approaches.