Selected cases

For owner of warehouse/industrial park located on Superfund site, PSA valued contingent liabilities for environmental cleanup. PSA demonstrated that probable present value of liabilities exceeded assessed value of property. Following PSA's report and deposition of Dr. Saunders, case settled with $1 million real estate tax savings for client and stipulation of permanent cap on property's assessed value.

For potential acquirer of vending machine manufacturer, claiming breakup fee under M&A agreement, PSA analyzed operating, financial, and ownership history of manufacturer and determined certain financings, organizational changes, and transactions were not in "ordinary course of business." Client won on summary judgment based on PSA's affidavit and was awarded $750,000.

For debtor in bankruptcy, PSA analyzed will of which debtor was beneficiary plus related agreements and estimated probabilities of various events that would have to occur for debtor to realize any money therefrom. In affidavit to court, Dr. Saunders demonstrated that contractual rights had de minimis value and, therefore, could be excluded from estate.

For owner of land redeemed from tax title by court award after 15 years of litigation, PSA calculated current value, assuming investment in diversified stock and bond portfolio, of proceeds from hypothetical sale of land at commencement of case. Dr. Saunders testified at trial, demonstrating that loss by client from not having proceeds to invest (opportunity cost) exceeded, thereby offsetting, 15 years of real estate taxes being claimed by town.

Tort Reform & Computing Interest On Damages, Massachusetts Lawyers Weekly

Civil Penalties and the Economic Benefits of Noncompliance: A Better Alternative for Attorneys Than EPA's BEN Model, Environmental Law Reporter.