PRACTICE AREAS & SERVICES

At Phillips, Fractor, & Company, our team combines their multidisciplinary and methodologically rich backgrounds to solve difficult and complex problems.  With years of experience on countless cases, we are ready to efficiently provide consistent database management, perform preliminary research, prepare strategies and questions, produce expert analysis that can stand alone or support another expert's work, and of course provide testimony on our analysis.

Additional Practice Areas

A

Accounting Liability


Issues involving compliance with generally accepted accounting principles and other applicable professional standards may require forensic accounting expertise; related topics include accounting fraud, generally accepted auditing standards, and assessment of company accounting practices.




Antitrust


Studies of concentration, … the analysis of competitiveness and … assessments of market share, analysis of price e. cross- price e. analysis of pricing behavior, looks at collusion or collusive e behavior, application in Hart-Scott-Rodino filing… possible applications with mergers and acquisitions. Compare market outcomes to other market structures including competition.




Asbestos & Toxic Tort


Estimating the economic damages to individuals and families from exposure to dangerous substances such as asbestos. Typically these analyses include loss of earnings/earning capacity, loss of support, loss of household services, and lost future pension. Analysis of claims allocation structures, analysis of market share liability, statistical analysis of overlapping liability, large data analysis including demographic and hot-spot analysis. Economic analysis of real estate and other asset losses associated with presence of asbestos and other toxic substances.





B

Bankruptcy Issues


Analysis of contingent claims, possible fraudulent conveyance, reasonably equivalent value, cramdowns, Till analysis, economic substance, modeling and forecasting.




Breach of Contract Damages


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Business Valuation


Valuation of business entities and interest is often necessary for a wide range of applications. Utilizing professionally and scientifically appropriate methods (including advanced computational techniques when necessary) we can address most valuation issues including discounts, premiums, illiquidity, solvency, reasonably equivalent value, economic substance and valuation of equity, debt, options, warrants, partial interests, convertible securities, contracts, rights, taxation and compensation, patents, trademarks, licensing, intellectual property, good will, intangibles, real options, and numerous other valuation targets.





C

Compensation Issues


Loss of earnings, prevailing wage, contract valuation, option valuation, fringe benefit valuation, market analysis, discrimination, disparate impact, disparate treatment, glass ceiling, job content, employee misclassification, analysis of survey and questionnaire data, appropriate compensation, minimum wage issues, regular rate of pay analysis, statistical and economic modeling, EEOC issues, job characteristic analysis, regression analysis, special projects.




Construction


We provide statistical, economic, financial, and accounting analysis of the construction and post-construction process including construction delays, statistical sampling for construction defects and quality assurance cases, economic impact analysis, impact of environmental and local features, and economic valuation associated with accidents and toxic exposure.

  • Construction Accidents – See Personal Injury and Mass Torts.
  • Construction Defects – Assessment of sampling and extrapolation, randomized lists, and economic and financial projections; simulation and Monte Carlo analysis.
  • Construction Delays – Analysis of a wide-range of potential costs that may be associated with completion delays in construction projects, stemming from third-party construction delays and breach of contract.




Contract Valuation


Financial valuation of deferred and incentive compensation, options, warrants, financial interests, and other contract components. We have analyzed nearly every form of business organization. Available services include accounting analysis, real option analysis, simulations and “what-if” analysis, benchmark analysis, alternatives analysis, and economic and financial analysis.




Credit Damages


Some claims involve damages to credit ratings or the availability of credit or working capital. Using statistical, financial, economic, and accounting methods, we can assess ways that changing credit risk and the availability of capital impacts personal and business finances and address claims of credit damage and loss.




Class Action, Mass Tort, Master Settlement Agreements, & Other Multiple Plaintiff Matters


Our services include economic analysis, statistical analysis, accounting analysis, financial analysis, analysis of electronic and “hard copy” company records, analysis of survey and questionnaire results, computation of PAGA and other statutory damages and penalties, prejudgment interest, statistical analysis of causation and liability, analysis of economic loss, analysis of mitigation and recovery, mass data entry and analysis, computer database creation and analysis, custom analysis and modeling, one-of-a-kind case analysis, assistance with punitive damage computations, analysis of company financial condition, assistance with technical discovery, Mt. Clemens questionnaires and analysis, reviewing other expert and consultant work, and background research.




Competitive Analysis


Market share, price elasticity, competitiveness, statistical analysis of demand, hedonic pricing modeling, valuation, financial and economic analysis, cross-price elasticity analysis, analysis of substitutes, analysis of complements, size of market, contestability, barriers to entry, economic moats, custom modeling, custom data analysis and modeling.




Commercial Analysis & Contract Disputes


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





D

Damages to Real Property


Claims of damage to real property may cause disruption in productive processes, may delay cash flows, and may generate economic loss. We may apply accounting, financial, economic, and statistical methods to address these issues.




Database Analysis


We provide expertise in database analysis and construction including a wide array of accounting, statistical, modeling, data science, and econometric methods. We are experts at both traditional, smaller, database analysis and “deep-data” and “data-mining” techniques and applications.




Data Entry and Database Construction


We offer data entry services designed to meet the custom needs and characteristics of each project. We can take a wide range of data from competing sources and consolidate them into a unified database for analysis and presentation. We can manage and maintain huge databases. Our team includes database experts, computer specialists, statisticians, accountants, and economists.




Defamation & Reputational Damage


In many cases, we can use econometric methods to assess the statistical impact of defamation. In some cases of public figures or companies, online Internet panel research can be used to assess defamation and reputational claims.




Defective Products


Defective product litigation may include analysis of personal injury or wrongful death losses. It also can include business disruption, lost useful life of product, and various costs associated with repair and replacement, and case-specific losses. Real options analysis and simulation-based valuation methods can help assess the losses from the impaired usage of the defective product until correction. Other areas of analysis include potential damage to reputation, loss of goodwill, lost profits, and other diminution in business value.




Dependent Adult Child


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Disability


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Discrimination


Statistical analysis of potential discrimination, testing factors in question; analysis of prospective new policies or managerial actions to proactively identify apparent statistical discrimination; establishment of benchmarks to help identify and avoid potential discrimination; analysis of opposition methodology and analysis.




Disparate Impact & Treatment


Statistical analysis of potential adverse impact against a group or individual, or potential favoritism towards a group or individual; analysis to assist management and counsel prior to managerial decisions including promotions, terminations, plant closures, consolidations, mass recruitments; potential impact of other company decisions including facilities siting, route definitions, customer service, and other actions potentially impacting non-employees.




Damages


A key part of almost any litigation is understanding the possible losses and damages associated with the litigated acts. Whether estimates are needed to determine reasonableness of settlement, to determine potential magnitude of a case, or to testify about damage issues in trial, PFC experts can apply finance, economics, statistics, and accounting methodology to help understand the key components of damage claims. This also includes scientifically reasonable estimates and analysis of alternative scenarios. Whether they are analyzing “Actual” or “But For” components, making reasonable extrapolations and projections to evaluate future losses, evaluating net worth or financial condition, appropriating tax equalization of awards, estimating statutory penalties and damages, computing pre- and post-judgment interest, or estimating annuitized values the PFC team can help establish and present the damages portion of your case.





E

Earnings Capacity


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Earnings Valuation (and Benefits Valuation)


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Econometrics & Econometric Analysis


Econometrics integrates economic theory, institutional details, knowledge of data sources, as well as statistical and modeling techniques. Using econometrics and related methods, we build models for testing hypotheses, estimating economic impacts, and creating forecasts (including “what-if” analysis) in almost any area of business, management, and litigation. When integrated with administrative data and purposeful data collection, statistical models can be created to estimate individual level impact in class action and mass litigation applications. These models and techniques also provide the foundation for simulation, optimization, and scenario analysis




Economic Damages


Computation of statutory damages and penalties; see “Economic Losses”.




Economic Losses


Estimating the economic value of “what would have been but for an alleged action” and “what actually is after the alleged action” results in estimates of economic losses; when liability is found and apportioned, the amount attributable to a defendant becomes a component of “economic damages”. Analyzing economic loss often builds on institutional analysis with accounting, financial and marketing analysis, econometrics, simulation, and other data analytics and research methods.




Eminent Domain Issues


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Employment & Labor


PFC experts have extensive experience in all areas of labor and employment analysis. Compensation analysis includes prevailing wage issues, contract and instruments valuation, analysis of base rate and overtime, and statistical analysis of compensation disparity attributable to a range of protected characteristics. Additional areas include statistical analysis for disparate impact and disparate treatment, discrimination and glass ceiling issues, assessment of earnings and benefits, analysis of alleged damages from wrongful termination, constructive discharge, failure to accommodate, disability issues, hostile work environments, wrongful recruitment, misrepresentation, unsafe work environments, toxic workplace, workplace injuries, pension fiduciary related issues, economic and financial losses, valuation of contracts, financial instruments, options, and royalties. We also have extensive employment class action experience including issues of compensation, failure to promote, discrimination, unreimbursed business expenses, statistical and sampling analysis, and virtually all aspects of data analysis associated with such cases. Additional issues include premises liability related claims, on-call issues, donning-doffing issues, unreimbursed preparation and meeting time, on-site harassment, unpaid time and overtime, meal and rest period violations, PAGA claims, retaliation, whistle-blower, Qui Tam issues, misrepresentation, analysis of after-acquired evidence, analysis of mitigation efforts, and appropriateness of compensation based on market comparisons. Discrimination analysis has included a wide range of claims including gender, religious creed, national origin, orientation, and marital and family status. Consulting has included pre-action analysis to affirmatively identify potential statistical violations in advance of employment actions.




Employment Discrimination & Harassment


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Employment Mitigation Analysis


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Environmental Impact


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Entertainment


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Executive Compensation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Economic Impact Analysis


Assessment of potential economic impact of proposed construction, regulatory changes, zoning, and government policy on surrounding communities, potential job-creation, potential tax revenue impacts, statistical impact on real estate values, and various other economic impacts.




Economic Forecasting


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





F

Fair Employment and Housing Act Violations - FEHA


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




False Arrest


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




False Imprisonment (Wrongful Imprisonment)


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Financial Analysis


The allocation and return of capital over time, measuring appropriate risks, analyzing capitalization and value, and comparing performance to benchmarks are all examples of financial analysis. Drawing on experience as finance professors, investment professionals, practicing CPAs, and corporate financial executives, our team selects professionally and scientifically appropriate benchmarks, methods, and techniques to perform relevant and understandable analysis of most types of financial situations and cases. Clients have included investment bankers, merger & acquisitions firms, corporate planners, private equity firms, governmental tax authorities, and numerous litigation clients.




Forecasting


Using techniques from accounting, finance, economics, and statistics, we build models and find statistical relations that provide insight into future values, especially those aimed at quantifying a reasonable expectation of outcomes of business decisions (but for certain conditions). We construct forecasts as part of damage analysis, real options valuation, business planning, economic impact analysis, and for special purpose and custom applications.




Forensic Accounting


Our CPA team conducts investigation and analysis of financial information, executive malfeasance, embezzlement, breach of fiduciary duty, contractual disputes, trade infringement issues, management and executive performance issues, as well as special projects for boards, entrepreneurs, privately held companies, non-profits, and litigation clients. Additional representative applications include analysis of lost profits, misappropriation of trade secrets including customer lists, database consolidation, appropriate compensation, contract valuation, and analysis of capitalization.




Fraud


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





H

Hedonic Regression Analysis


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





I

Intellectual Property


Economic, financial, statistical, and accounting expertise can be applied to a range of Intellectual Property (IP) related issues. Besides estimating value of intellectual property, PFC experts have experience estimating diminution in value, brand confusion, statistical estimates of market impact from improper use of IP, theft of trade secrets, and numerous related issues. Representative cases are in the areas of anti-dilution, brand confusion, copyright, counterfeiting, design patent valuation, false and misleading advertising, Lanham act, licensing, trade dress, trade secrets, trademarks, unfair competition, and forecasting and simulation.




Intentional Misrepresentation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Interference with Economic Advantage


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





L

Labor & Employment


PFC experts have extensive experience in all areas of labor and employment analysis. Compensation analysis includes prevailing wage issues, contract and instruments valuation, analysis of base rate and overtime, and statistical analysis of compensation disparity attributable to a range of protected characteristics. Additional areas include statistical analysis for disparate impact and disparate treatment, discrimination and glass ceiling issues, assessment of earnings and benefits, analysis of alleged damages from wrongful termination, constructive discharge, failure to accommodate, disability issues, hostile work environments, wrongful recruitment, misrepresentation, unsafe work environments, toxic workplace, workplace injuries, pension fiduciary related issues, economic and financial losses, valuation of contracts, financial instruments, options, and royalties. We also have extensive employment class action experience including issues of compensation, failure to promote, discrimination, unreimbursed business expenses, statistical and sampling analysis, and virtually all aspects of data analysis associated with such cases. Additional issues include premises liability related claims, on-call issues, donning-doffing issues, unreimbursed preparation and meeting time, on-site harassment, unpaid time and overtime, meal and rest period violations, PAGA claims, retaliation, whistle-blower, Qui Tam issues, misrepresentation, analysis of after-acquired evidence, analysis of mitigation efforts, and appropriateness of compensation based on market comparisons. Discrimination analysis has included a wide range of claims including gender, religious creed, national origin, orientation, and marital and family status. Consulting has included pre-action analysis to affirmatively identify potential statistical violations in advance of employment actions.




Libel


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Life Care Plan Valuation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Loss of Benefits


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Loss of Earnings


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Loss of Household Services


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Lost Profits


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





M

Market Investment Analysis


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Marriage Dissolution


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Meal & Rest Period


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Medical Malpractice


In most medical malpractice cases our clients retain us to perform present cash value calculations of life care plans, loss of household services, loss of past earnings, loss of future earning capacity, and/or loss of employer-funded benefits. Regardless of the situation, we always strive to work efficiently and to apply legally- and economically-sound methods to provide you with reliable, not expedient, estimates. In the past decades, we have enjoyed working with plaintiff and defense counsel on hundreds of cases, and approached each case with the same excitement and consistent common sense that we use when we teach.




Mergers & Acquisitions


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





O

Option Plan Valuation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





P

Patent Valuation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Personal Injury (Bodily Injury)


In most personal injury cases our clients retain us to perform present cash value calculations of life care plans, loss of household services, loss of past earnings, loss of future earning capacity, and/or loss of employer-funded benefits. Regardless of the situation, we always strive to work efficiently and to apply legally- and economically-sound methods to provide you with reliable, not expedient, estimates. In the past decades, we have enjoyed working with plaintiff and defense counsel on thousands of cases, and approached each case with the same excitement and consistent common sense that we use when we teach.




Products Liability


The PFC team can assist with economic, financial, statistical, and accounting analysis of losses associated with product liability, product failure, failure to perform, and related issues. The PFC statistical team can assist with appropriate sampling and statistical analysis to assess whether failure or underperformance was systemic or idiosyncratic. The statistical team can also analyze performance and failure data, construct quantitative models from company data (including warranty and complaint information) to help identify problem areas, and by working with the accounting and finance teams they can estimate the impact of potential claims including warranty and loss claims.




Professional Negligence


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Premises Liability (Slip and Fall)


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





R

Real Estate & Land Use


PFC experts can assist with statistical valuation, analyzing economic and financial impact of real estate and land use activities, performing hedonic regression analysis, and assisting with other valuation and financial aspects of real estate and land use litigation. Representative engagements include estimating the impact of power transmission lines on land prices, the applicability of regression analysis to railroad right-of-way easement rents, potential discrimination by landlords, construction defects related litigation, economic impacts of developments and regulation, and financial impact of regulation and zoning. Other cases have included assessing the loss to business value from construction failure and nearby public works construction and potential impact from environmental contamination.




Royalties & Licensing


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





S

Sampling


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Slander


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Statistical Analysis


Whether it is a routine randomized list or a highly customized advanced analysis, the PFC team provides statistical confidence to your case and excels at providing appropriate and scientifically based analysis of data, testing of hypotheses, construction of forecasts, designing of samples, and almost any other quantitative or data-driven analysis. Using econometric and other quantitative methods, the PFC team can often find meaningful and understandable insights from case data that would otherwise remain hidden or obscured. The PFC team can also assist with discovery, modeling, interpretation, and review of opposing analysis, as well as database construction from raw documents and third-party sources.




Stock Purchase Valuation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Survey & Questionnaire Design


Using modern survey and questionnaire practice, the PFC team can assist with designing appropriate questions and forms to assist with primary data collection including depositions and declarations, online survey panels, marketing confusion surveys, and a wide range of other primary data collection methods and applications. The PFC team can also address issues associated with third-party surveys, data collection and data interpretation. PFC regularly analyzes such data using scientifically appropriate statistical and analytical methodology.





T

Trade Libel


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





Q

Qui Tam


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





U

Unfair Practices (Unfair Business Practices)


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Unpaid Overtime


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





V

Valuation


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





W

Wage, Hour, & Overtime Violations


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Whistleblower


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Wrongful Birth


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Wrongful Death


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Wrongful Hiring


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Wrongful Life


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Wrongful Recruitment


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.




Wrongful Termination & Retalition


For more information on this practice area, please contact us through our contact page, or via phone, 1-(626)-744-3540.





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