Chemical Consulting: Litigation and Expert Witness

Challenge: A client hired Chemical to provide expert witness support for an arbitration proceeding. At issue were our client’s rights with respect to a breach of a right of first refusal on chemical assets.

Solution: We provided direct testimony, expert witness reports and damage estimates to support our client’s position in the arbitration proceeding.

Challenge: Chemical was retained to quantify a damage claim resulting from a technology theft by an offshore entity.

Solution: We developed and quantified the claim through an analysis of damages that included issues of plant optimization, loss of market share and the value of confidential and proprietary information including trade secrets. Additionally, we identified and retained technology experts, provided deposition testimony, prepared expert reports and assisted in the development of the litigation and deposition strategy.

Challenge: Chemical was retained by the unsecured creditor’s committee (UCC) of a large petrochemical refining company.

Solution: As part of the engagement, we developed detailed valuation models to forecast the current financial outlook of the business. We also developed a forward outlook of financial performance of the entity from the date of the merger, in support of a fraudulent conveyance claim by the UCC. Our team submitted expert reports and provided oral testimony.

Challenge: Chemical was retained to perform an independent analysis aimed at assessing the valuation of a petrochemical facility to support litigation relative to property taxes.

Solution: We performed analyses and evaluations based on the three methods of valuation including cost, market value and earnings. We also provided an opinion pertaining to the value of the facility.

Challenge: A client hired Chemical to assist in the review of insured losses covered under the insured’s policy for advanced loss of profits (ALOP).

Solution: We reviewed the events of a methanol plant’s operations for a specified period of commissioning and testing time and judged the impact of these events on the prevailing market price for methanol in the key markets of Northwest Europe and the US Gulf Coast.

Challenge: Chemical assisted a law firm with anti-dumping litigation involving soda ash in South Africa.

Solution: We advised the law firm in an ongoing investigation relating to anti-competition of soda ash sales in that market by major exporters. The matter had been under investigation for over ten years. We provided independent expert advice and participated in the tribunal hearings.