We are known for our “teaching” – as opposed to “telling” – style of testimony. Rather than only providing a judge or jury with an opinion, we communicate the key facts and relevant theories in a clear and logical manner. Our client list is evenly balanced between plaintiffs and defendants.

Our Financial Testimony professionals have industry-leading experience across all types of disputes and are particularly skilled in the determination of financial damages. Our top testifying experts average over 30 years of litigation analysis experience, benefitting clients when considering the complex financial data, qualitative facts, supporting testimony, and damages-related case law. We have served as experts in US Federal Court, US Bankruptcy Court, State Court, the Ontario Superior Court of Justice, before the International Trade Commission, domestic and international arbitration venues, among others.

Our Testimony Experience

Our experts have provided testimony in deposition and at trial related to complex accounting, intellectual property economics, financial reporting and economic damages issues.

Financial Damages Testimony

Our experts have testified regarding virtually all damage elements, including, among others:

• accelerated market entry
• “but-for” world comparisons
• commercial success
• corrective advertising
• creditor allocations
• future cash flows
• incremental/marginal costs
• lost profits & future lost profits
• price erosion and suppression
• reasonable royalties
• unjust enrichment

Accounting & Auditing Standards Testimony

Our experts have given expert testimony related to accounting and auditing standards:

• auditor malpractice claims
• financial statement disclosures
• financial statement misstatements
• post purchase price disputes
• revenue recognition
• special purpose entities

Antitrust Litigation Testimony

Ocean Tomo is uniquely qualified to support the assessment of interplay between antitrust and intellectual property (IP) rights. The firm’s experience across all facets of the IP market enables a unique perspective on the role of IP in antitrust contexts.

Bankruptcy & Insolvency Litigation Testimony

Our experts have provided testimony related to bankruptcy and insolvency focused related to:

• liability matters and potentially resulting economic damages
• evaluation of business operations of a company out of compliance with loan requirements
• valuation in support of allocation of sales proceeds
• damages related to the liquidation of a property/casualty insurance company
• determination of the timing and extent of the insolvency of an entity
• allegations of fraudulent conveyance and preferential transfer
• valuation methodologies and the fair market value of core intellectual property assets, including patents, data and brands

Corporate Investigations

Our experts present findings related to corporate investigations at hearings and at trials.

Insurance & Reinsurance

Our experts prepare expert reports and provide testimony to arbitration tribunals in both domestic and international disputes in the insurance and reinsurance industries, including:

• accounting for complex insurance products
• accounting for complex corporate insurance structures
• asset/liability matching
• evaluation of solvency
• finite reinsurance
• health insurance reserving and pricing
• life reserve reporting and assumptions
• property and casualty loss reserving
• reinsurance disputes
• risk based capital evaluations