Strategic Advisory Group provivdes litigation support services and expert witness testimony to clients and their attorneys. Our experience is augmented by creative analysis and communication techniques that enable juries to understand technical and often complicated issues in simple terms. Our expertise encompasses project feasibility, market and financial projections, project development, site selection, eminent domain, project management, operations, valuations, damage assessment, business interruption, and a wide variety of other market and financial analyses.
Development Contract Dispute
SAG provided litigation support services and expert testimony to defend a City in a legal action brought forth by a developer seeking damages due to termination. The City was to finance a hotel that was to be built by the developer. The developer did not meet the City’s debt service coverage goals due to increases in the project budget and was terminated. SAG reviewed pertinent documentation and analyses related to the proposed transaction, prepared a detailed summary the transaction’s financial history, analyzed the feasibility of the transaction, prepared the legal team for depositions and testimony of the prosecution’s experts, assessed the merit of damages, and testified in court.
Prospectus Reliance Dispute
SAG team members provided litigation support services to defend a management company accused of overstating performance projections in a limited partnership prospectus offering investment in 12 luxury hotels across the U.S. SAG reviewed the prospectus projections and compared them to actual hotel performance, overall market performance, and competitive hotel performance. The analysis demonstrated that the while the actual performance did not achieve that outlined in the prospectus, an economic recession drove the performance difference, not the management company’s actions. We were able to demonstrate that while the hotels did not meet projections, they hotels outperformed the overall market and competitive hotels.
Business Interruption Dispute
SAG provided litigation support services to defend a City in a legal action brought forth by the owner of a hotel located adjacent to convention center that was relocated. SAG was able to demonstrate that the hotel’s performance actually improved after the convention center relocated due to the hotel replacing its lower-rated convention business with higher corporate traveler business.
Eminent Domain Dispute
SAG provided litigation support services and expert testimony to defend a quasi-governmental authority in an eminent domain dispute. After the Authority announce it was going to assemble land for the development of a convention center, a parcel with the overall assembly was purchased and the new owner began planning the development of a hotel. Eminent domain had to be utilized to obtain the site, then the owner claimed damages related to lost hotel development profits. SAG review the feasibility of the hotel, appraised the residual land value and demonstrated the a hotel was not feasible on the site.
Site Selection Dispute
SAG provided litigation support services and expert testimony to defend a City related to a convention center site selection dispute. SAG prepared an analysis and testified as to the relative merits of the sites.
Hotel Manager Early Termination Dispute
SAG represented a hotel owner with terminating a hotel manger prior to what was allowed under the contract. After a troubled hotel opening, SAG was brought in to review the hotel’s operations and make operating recommendations to make the hotel profitable. It was discovered that the hotel management company had made several questionable decisions that had led to an almost bankruptcy situation. SAG was able to negotiate a termination of the hotel contract with no penalty to the owner or litigation. SAG then assisted with identifying and contracting with a new management company. The hotel returned to profitability within a year and stayed out of bankruptcy.
Convention Center Manager Early Termination Dispute
SAG provided litigation support services to a State owned convention center that had terminated its management company for poor performance and refused to pay any termination fee. SAG reviewed operating and financial information over the management company’s tenure and discovered a number of irregularities that convinced the management company to drop any claim to the termination fee.
Economic Damages Rebuttal or Formulation
SAG’s capability in virtually all types of real estate, public assembly and hospitality and vacation ownership allowed them to advise a major construction company regarding the defense of a construction defect and economic damages lawsuit initiated by one of the largest private vacation ownership companies in the world. As advisors to the legal team, SAG professionals helped identify questions and structuring of subpeones, interogatories and depositions regarding the case.
SAG professionals represented a major hotel chain in the rebuttal of claims of alleged economic damages from the discontinuation of certain ill-defined marketing agreements and the cessation of such agreements. Our professionals were responsible for reading plaintiff’s complaints, their expert witnesses’ formation of damage estimates and work as part of the team in structuring defenses and rebuttal of the various damage reports.
SAG professionals represented management in a shareholder derivitive suit. The shareholders complained that this hospitality company’s management acted in bad faith, failed to exercise fiduciary responsibilities and improperly converted the company’s assets. SAG professionals were highly successful in having the major elements of this case dismissed on a summary basis.