Litigation Consulting and Expert Witness Services

Cypress provides a comprehensive range of litigation consulting and expert testimony services to companies and attorneys involved in complex litigation and regulatory proceedings. We advise and testify in cases involving securities and financing related issues, valuations, retrospective transaction analyses, M&A and restructuring issues and other issues related to investment banking. Members of the firm have been deposed more than 80 times and have provided testimony on dozens of occasions. Cypress has provided assistance in disputes in state, Federal district, Federal tax and Federal bankruptcy courts, as well as in mediations, arbitrations and for regulatory authorities. 

Expert Witness Representations

Cypress' principals have served as expert witnesses regarding mergers and acquisitions, valuation and credit issues and bankruptcy matters, as well as related areas including damages and retrospective transaction analysis. Cypress will prepare Expert Reports and supporting documentation, work with counsel in supplementing discovery requests relating to the Report and provide deposition and trial testimony. 

Other subjects on which Cypress is qualified to provide testimony include securities and financing-related issues, contract disputes, interpretation of representations and warranties, litigation over due diligence and projections and other topics relating to investment banking.

Cypress also has provided analysis for counsel on defendants' ability to pay judgements and settlements.  Utilizing the firm's investment banking capabilities, Cypress analyzes credit capacity, settlement structures and default risk. 

Fairness Opinions

Cypress' professionals work closely with counsel to analyze prospective issues that may arise during depositions and testimony, reviewing carefully-maintained due diligence files and other essential documentation. Prior to the issuance of a fairness opinion, Cypress will discuss with counsel the firm's standard document retention and disposal policy. Members of Cypress have defended fairness opinions successfully on every occasion when challenged. 

Restructuring Litigation

Cypress' senior members have provided litigation support both in Federal Bankruptcy court as well as in settlement negotiations outside of court. Cypress has played a central role in the settlement of a number of substantial litigations. 

Cypress is available for providing support for interim motions, business decisions within the jurisdiction of the court, valuation disputes, sales of assets, liquidation analyses, questions involving a Plan or Reorganization and/or Disclosure Statement, Plan feasibility, and DIP financing.