Kevin Kwan

Kevin’s professional experience includes:

• Forensic Accounting Investigation: On behalf of the chief restructuring officer of a bankrupt mortgage servicing company, assisted in investigating the nature, source, and ownership of over $1 billion in cash, which involved hundreds of thousands of transactions.
• Mass Tort Claims Analyses: Prepared a proprietary claim model to quantify the value of economic loss claims associated with the 2012 Deepwater Horizon Settlement Agreement. Utilized the claim model to assist over 2,000 clients with the claim preparation and recovery process.
• Pharmacy Dispute: Assisted with calculating damages involving a compound pharmacy. The analysis included analyzing and quantifying damages associated with the failure to comply with contractual terms involving copayments and inflated ingredient costs, among others.
• Post-Acquisition Dispute: On behalf of a health care management company, conducted an investigation and analysis of the reasonableness of financial representations of an acquired entity.
• Forensic Accounting Investigation: Performed a forensic investigation of a bankrupt temporary labor company. Traced and analyzed the use of funds over a four-year period involving over 700,000 transactions between 200 plus accounts at numerous financial institutions.
• Indicia of Fraud Analysis: At the request of a private manufacturing company, evaluated and analyzed the plaintiff’s expert’s “indicia of fraud” opinions related to a post-acquisition dispute.
• Defective Products Dispute: Calculated damages on behalf of a global manufacturer in a matter involving defective parts in millions of refrigerators and dishwashers. The analysis included, among others, calculation of the historical and future parts and labor costs related to the product replacement and quantification of claims identification, processing, and fulfillment costs to facilitate the replacement of the parts.
• Investigation of a Coin Dealer: Supervised the seizure, collection, and documentation of the inventory of a gold coin dealer and a subsequent investigation of certain representations that the dealer made to a multinational bank regarding the nature and value of the inventory.
• Forensic Accounting Investigation: Performed a forensic accounting investigation on behalf of a foreign investor to analyze and trace the use of funds that were provided to acquire real estate in the United States, resulting in a favorable verdict that awarded the plaintiff treble damages in excess of $20 million.
• Defective Products Dispute: Calculated damages on behalf of a national manufacturer in a matter involving defective resin in approximately 32,000 units of residential window and door products. The analysis included, among others, the compilation, organization, and analysis of large volumes of historical data through the creation and population of detailed databases, calculation of the historical and future manufacturing, labor, and installation costs related to the product replacement and quantification of claims identification, processing, and fulfillment costs to facilitate the replacement of the estimated 32,000 door and window units.
• Bankruptcy Preference Claim Analysis: Prepared an extensive analysis relating to a $52 million preference claim filed against a major telecommunications service provider. The purpose of the analysis was to determine whether new value, ordinary course, or the contemporaneous exchange preference avoidance defenses were available to the telecommunications service provider.
• Bankruptcy Investigation: Assisted the court appointed examiner with an investigation of bankrupt estate that operated an airplane pilot training school, an aircraft maintenance technician school, and a culinary arts program. Assisted with assessing the reasonableness of the compensation paid to the principals of the entity and whether the estate has a claim against those individuals for the recovery of such excess compensation.
• Disputes Involving Individuals: Performed numerous analyses involving the calculation of lost earning capacity involving individuals in medical, cosmetics, and education industries, among others.
• Intellectual Property Analyses: Assisted with calculating damages in various matters involving copyright infringement and trade dress infringement.
• Dispute Involving a Fixed Based Operator: Prepared a damages analyses on behalf of a regional airport, a municipality, and the airport management company. The matter involved a fix-based operator plaintiff seeking lost profits over a 30+ year period.