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Executive Compensation Expert Witness — What to Expect

When you’re at any stage of litigation, it’s always helpful to have the right executive compensation expert witness on your side.

Attorneys frequently contact us to offer opinions and testimony related to many types of compensation claims. Based on decades of experience, we’re well positioned to support or defend our clients – whether disputes originate in courts or within an array of administrative proceedings.

Our clients always have primary aims and we ready for any situation, including avoiding, prosecuting, defending or settling legal matters. Examples include:

  • Contractual disputes or shareholder litigation
  • Executive stay packages in bankruptcy proceedings
  • Reasonable compensation issues before tax authorities
  • Intermediate sanctions compliance for tax-exempts

You could use an executive compensation expert witness in a wide range of industries for different situations. Private businesses and non-profits aren’t immune to conflicts that can arise at any moment. Both parties want what seems right to them. When we share an opinion or present testimony under oath, we draw about our expertise. We’ve supported clients in industries like:

  • Health care
  • Automotive
  • Consumer goods
  • Insurance
  • Technology
  • Staffing
  • Financial services
  • Charities
  • Foundations
  • Museums
  • And more

Expert witnesses are essential given the enormous implications of executive compensation. At the end of the day, we’re asked to weigh in on what’s reasonable. To reach conclusions, we’re not just familiar with each facet of compensation; we’re immersed in them. The cases will vary, but they can involve any combination of variables that often span past, current and projected compensation packages. For example, we may need to consider:

  • Base salary
  • Competitive data
  • Benefits
  • Bonuses
  • Pensions
  • Lost wages
  • Insurance
  • Salary adjustments (timing and amounts)
  • Stock options
  • Taxes
  • Change-in-control provisions (also known as golden parachutes)
  • Partnership allocations

In addition, executive compensation expert witnesses typically must navigate concurrent factors while helping clients pursue remedies. These include tax laws, regulatory compliance, other government rules, and standards established by companies or industries to reinforce norms and to avoid financial abuse. Our experts also don’t participate in executive compensation cases in a vacuum. They’re equally sensitive to the full spectrum of compensation concerns that companies face, including pay for other employees and boards of directors.

For some people, including other professionals, these collective realities – and the nuances that circle around each – may seem daunting. We’re comfortable in this environment because of our experience and our proven ability to make sense of each moving part. We rise to the challenge each time. Our clients rely on us and we’re always prepared for our roles while cases make their way through the courts, government agencies and administrative tribunals.

In many situations, we’re not merely called in to testify. We bring clarity to complex compensation scenarios – both for legal counsel and adjudicators. Long before any of our experts walk up to a witness stand, we’re active behind the scenes with discovery, depositions and trial prep (including helping attorneys shape questions for the opposing witnesses).

What are you doing to bolster your case in the early stages? Are you knee-deep in a dispute and need a seasoned compensation professional to assist as your legal strategy shifts? We have experts with the insights and knowledge you’re looking for as you set the stage for your next win.

Contact us today or call (440) 934-5570.