KW Economics prepares rebuttal analysis for partnership and shareholder dispute cases venued in Puerto Rico: what the loss claim consists of, the records that drive it, and a present value built to Puerto Rico damages rules and venues. Plaintiff and defense.
A valuation report in an owner dispute is tested on the valuation date, the standard of value, the normalizing adjustments, the approaches applied and how they were reconciled, and any discounts or premiums. The economist checks whether the standard matches the claim and the agreement, whether owner compensation and related-party dealings were normalized on market evidence, whether the discount rate and market multiples are supported by their sources, and whether a minority or marketability discount is appropriate under the standard applied. The review quantifies the effect of each correction and shows the value under the alternative standard where the choice is disputed.
Critique of an opposing economic damages, valuation, or forensic accounting report for plaintiff or defense counsel. The review tests the assumptions, data sources, discount rates, worklife and life expectancy inputs, growth rates, mitigation treatment, and arithmetic behind the opposing number, identifies the errors that matter, and quantifies how the conclusion changes when they are corrected. The result supports cross-examination, a rebuttal report, or a motion directed at the reliability of the opinion.
The valuation date and the standard of value control the result: a fair value standard may exclude the minority and marketability discounts that a fair market value standard applies, and the gap between the two can be substantial for a minority interest in a closely held company. Normalizing adjustments to owner compensation and related-party dealings often decide whether the business shows earnings to value at all. Where the claim includes diverted profits, the amount depends on how far back the records permit reconstruction and on whether the business's actual results can be separated from market conditions.
Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.
Highest court: Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico).
Federal venues: District of Puerto Rico.
Puerto Rico's civil-law system reduces recovery in proportion to the plaintiff's share of fault in a negligence-based claim. Interest can be imposed on the award when a party is found to have litigated with obstinacy, and interest on a sum owed under a contract follows the civil code's rules on delay, which counsel confirm for the specific claim. Private-party damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts.
We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.
A valuation report in an owner dispute is tested on the valuation date, the standard of value, the normalizing adjustments, the approaches applied and how they were reconciled, and any discounts or premiums. The economist checks whether the standard matches the claim and the agreement, whether owner compensation and related-party dealings were normalized on market evidence, whether the discount rate and market multiples are supported by their sources, and whether a minority or marketability discount is appropriate under the standard applied. The review quantifies the effect of each correction and shows the value under the alternative standard where the choice is disputed.
Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires. Partnership and Shareholder Dispute cases venued in Puerto Rico are heard in the Court of First Instance (Tribunal de Primera Instancia) (General jurisdiction trial court of the Commonwealth, organized into Superior and Municipal divisions; hears civil and criminal matters), with final appeals to the Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Matters within federal jurisdiction proceed in the District of Puerto Rico.
Puerto Rico's civil-law system reduces recovery in proportion to the plaintiff's share of fault in a negligence-based claim. Interest can be imposed on the award when a party is found to have litigated with obstinacy, and interest on a sum owed under a contract follows the civil code's rules on delay, which counsel confirm for the specific claim. Private-party damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Puerto Rico rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.