Cushman & Wakefield’s Dispute Analysis & Litigation Support Practice provides a range of services focused on real estate-related commercial litigation involving real property and business valuations, contamination and toxic tort and other detrimental conditions, construction claims, fraud, lost profits, tax issues, and partnership and business disputes. The foundation of the practice is based on a combination of scientific principles and subject matter expertise, and a keen understanding of the nuances of litigation.
Our team possesses core competencies in real property and business valuation, economics, finance, statistics and financial modeling, survey techniques, damages theory, forensic and fraud investigations combined with experience in expert witness testimony The practice employs a multi-disciplinary approach to problem solving characterized by collaboration, depth of experience and expertise and recognized thought leadership.
Our clients include law firms, corporations, REITS, government investors, and lenders. Examples of our experience include the following:
- Damages calculations resulting from breaches of contract and fiduciary responsibility, contamination and environmental impairment, construction claims fraud, and lender liability
- Valuation of a wide variety of property types and real property interests, including interests in real estate partnerships and other partial and fractional interests, debt and equity interests in real estate, multi-asset portfolios, shopping centers and regional malls, golf courses and resort and other hotels, assisted living and other health care properties, sports and entertainment facilities, conservation and façade easements, cemeteries, heavy industrial facilities, landfills, storage and distribution facilities, leaseholds, and life, remainderman and leased fee estates
- Property tax, charitable donations, and other tax-related issues
- Pipeline and other transportation corridor valuations
- Forensic and fraud investigations
- Partnership disputes
- Indigenous peoples claims
- Event studies and time series analyses
- Academic research
- Market and feasibility studies
- Eminent domain proceedings involving larger properties and complex issues
- Best practices and generally recognized valuation principles
How we can help
Dispute analysis occurs at the early stages and throughout an engagement to understand the relevant technical issues and how they relate to the overall dispute. Our experts vet issues with counsel to identify the professional disciplines and expertise, scope of work, and the resources that will be required if it is decided to pursue litigation or alternative dispute resolution
We assist counsel in identifying key issues and developing case strategies performing research on the publications and testimonial positions taken by opposing witnesses, and identifying and evaluating potential experts.
We have wide ranging experience providing expert testimony in local, state, and federal courts and arbitration venues nationwide. We have also served as court-appointed experts.
We prepare rebuttal reports and trial exhibits and assist counsel in framing issues and in the preparation of cross examination of opposing experts.
Adding value – the advantages of our approach
As a result of Cushman & Wakefield’s collaborative corporate culture and deep and varied resources, the Dispute Analysis & Litigation Support Practice is able to draw on the intellectual capital, information platforms, and experience of other service lines such as Investment Banking, Capital Markets, Structured Finance, Asset Sales, Agency Leasing, and Property Management. This is a significant advantage over our competitors. Few other litigation support service providers have access to such deep and varied resources.