Damages assessment following the expropriation of a financial institution

An investment fund faced the expropriation of one of their subsidiaries, a multi-billion valued international financial institution. It was initiated by a government on grounds of an alleged breach of certain financial security terms as prescribed by the National Bank of the country. The client vehemently denied the mere existence of a possible insolvency and needed to gather evidence to prove that the expropriation was unlawful. BFI assisted in the valuation, the quantum of damages, as well as the settlement agreements being a member of the international court-appointed arbitration committee.

Valuation support in dispute at the Enterprise Chamber of the Court of Appeal Amsterdam

One of the shareholders of a Dutch industrial company asked us to assist in the dispute between the shareholders and the procedure and execution of the valuation. We performed the fair value analysis and assisted the shareholder and its legal team in the proceedings.

Investigation into multinational-corporate bankruptcy

A team of trustees and judges wished to understand the causes of the bankruptcy of a subsidiary of a multi-billion international company. BFI was asked to reconstruct the ten-year process that had led to the bankruptcy. A holistic approach was chosen to get an understanding of financial and strategic decision making by former board members and shareholders, as well as to comprehend the leadership culture. Our clients wanted to use our insights to evaluate a possible D&O liability claim.

Coordinating multi-stakeholder negotiation in crisis situation

BFI was asked to assist in a multi-stakeholder corporate conflict involving hundreds of companies. Using Harvard-negotiation techniques as well as our own survey platform and e-discovery software we were able to get a clear understanding of parties involved in the conflict, as well the respective positions of the parties. Using these insights, we were able to design and implement a roadmap for resolution involving all parties in the decision-making process.

Director liability in a turnaround using Semantic Analysis

Our client faced a largescale turnaround situation, in which directors possibly used other people’s identity to steer negotiations into a direction detrimental to the company yet in favor of themselves. BFI used state-of-the-art semantic analysis software and analysis techniques to support a director liability claim, ultimately leading to a successful claim.

Turnaround planning and execution with multi-million euro family business

Following a harsh negative financial performance that eventually led to a turnaround crisis situation, BFI was approached by the shareholding family to locate and investigate the causes of the decline and to evaluate turnaround options. BFI used these initial findings to reach further into the company and its market and to support the company’s management to develop a turnaround plan that could be implemented right away. BFI then assisted in governing the turnaround process. Company management was able to get back on track in three months.

Identification of possible corporate fraud

Our client was accused of fraud in the billing process with one of their biggest clients. The belief was that billable hours were overstated on purpose even though no such behavior had been identified before in their long-lasting relationship. As such BFI was retained to identify any fraud in the billing process. Our forensic professionals analyzed the process and came up with counterevidence yet identified certain weakness in the process. BFI advised on improvements and helped restoring the relationship between the company and their client.

Debunking a director liability accusation

Our client was accused of director liability. The belief was that due to mismanagement a multimillion euro company bankrupted. BFI was retained by his lawyers and D&O insurance company to provide counterevidence. We analyzed the business failure drift process of the company as well as the investigation report of the trustee and his advisors. We were able to successfully debunk the accusation using behavioral science techniques to separate causation from correlation.