Burt K. Fischer

Representative Sample of Assistance to Litigators

Claim:	A Newspaper vs. An Insurance Pool
A New York daily newspaper was shut down due to a labor strike. The engagement was to compute the lost profits during the period of interruption. The report, claiming the maximum amount of coverage, was accepted as filed.

Case:	An Estate vs. A Corporation
Attorneys:	Sidley & Austin (Chicago, Illinois)
The estate sued the corporation for not issuing shares of common stock under an earn-out agreement. An accounting was presented by the corporation indicating that no further shares were due under the agreement. The engagement on behalf of the estate was to review the accounting and ascertain whether it was prepared in accordance with generally accepted accounting principles. Upon completion of the review, exceptions to the accounting treatment for numerous items were noted and expert testimony was given before a Master. Based upon that testimony, summary judgment was granted to the plaintiff, which was subsequently appealed by the defendant. Outcome unknown.

Case:	A Printing Company vs. A Printing Company
Attorneys:	Hume, Clement, Hume & Lee (Chicago, Illinois)
A printing company was claiming violation of a patented process, which identified, by a hash mark, the particular line in a registration statement that had been changed from the previous draft. They were claiming damages for use of a similar process by another printing company. This engagement was to review an accounting prepared by another CPA firm, assist plaintiff’s counsel in developing the deposition of the CPA who prepared such statement and to offer rebuttal expert testimony before a Master. The ultimate conclusion of this case was the awarding of damages to the plaintiff and a continuing royalty.

Case:	Ohio Sealy Inc. vs. National Sealy Inc.
Attorneys:	Sidley & Austin (Chicago, Illinois)
Ohio Sealy Inc. filed suit against National Sealy Inc. alleging violations under the Robinson Patman Act, which precluded Ohio Sealy Inc. from competing fairly in the market place. The engagement was to review and offer expert testimony upon summaries of damages incurred by Ohio Sealy Inc. During the last two weeks of a 26-week jury trial, I gave expert testimony with respect to the damage computations. The ultimate conclusion of this case was the awarding of $6,000,000 of damages which was then trebled under the provisions of the Robinson Patman Act but subsequently reduced by the Federal judge to $9,000,000 (which was ultimately paid after a lengthy appeal process).

Case:	Northwestern University vs. The City of Evanston
Attorneys:	Sidley & Austin (Chicago, Illinois)
In this case, the City of Evanston denied Northwestern University the right to enter into a lease with the Chicago Bears to use the university’s stadium for professional football games until the renovation of Soldiers Field was completed. This engagement was to prepare projected financial statements which isolated the athletic department from the rest of the University for the purpose of determining the net earnings of that department and the return on investment. The bench trial took place in the Circuit Court of Cook County where expert testimony was provided.

Claim:	A Macaroni Company vs. An Engineering Company
Attorneys:	Wildman, Harold, Allen & Dixon (Chicago, Illinois)
A macaroni company maintained a processing plant in Belleview, Illinois. After a substantial rain storm in that area, the roof collapsed which caused a significant interruption in production and damage to property. The macaroni company claimed that an engineering company was at fault due to improper design of the roof structure. They presented a claim for business interruption damages resulting from the roof collapse. The claim also included a significant amount for inventory loss and damage to machinery and equipment. This engagement was to review the claim prepared by the accountants for the macaroni company, and to participate with defendant’s counsel in depositions taken in San Francisco, California. The original claim was approximately $4,000,000, however, after the depositions were taken, the case was settled for approximately $750,000.

Claim:	A Cookie Company vs. An Insurance Company
Attorneys:	Hinshaw Culbertson (Chicago, Illinois)
A company processed cookies at a plant near Morris, Illinois. A cardboard product was used to support the package in which the cookies were presented for sale. The company alleged that a batch of cardboard was prepared with excessive glue, which created an odor that contaminated the cookies in the packages. They presented a claim to the insurance company for the cost of removing these packages from their retailers’ shelves and for the resulting loss in sales. I was engaged by counsel for the insurance company to review the claim prepared by the certified public accountants for the cookie company. The original claim was approximately $135,000, which I believe was settled for approximately $30,000.

Claim:	A Corporation vs. An Insurance Company
Adjusters:	General Adjustment Bureau
A foundry equipment plant was destroyed by fire. This engagement was to prepare a claim for damages resulting from the interruption of business. The claim was prepared and successfully negotiated with the insurance adjusters.

Case:	A Pharmaceutical Company vs. An Insurance Company
Adjusters:	Toplis & Harding Inc.
The pharmaceutical company operated a blood fractionation plant in Kankakee, Illinois. The blood fractionation process uses substantial quantities of pyrogen-free water. This water must be kept at a temperature of no more than 30 degrees. A heat exchanger ruptured causing propylene glycol to mix with the pyrogen-free water thus contaminating an entire month’s production. This engagement was to prepare a claim for damages relating to spoiled product and for the resulting business interruption to reclaim the contaminated product valued at $3 million. This claim was to support a subrogation claim against the insurance company which underwrote the boiler and machinery coverage. The claim was prepared and testimony was given in deposition. Outcome unknown.

Claim:	A Plating Company vs. An Insurance Company
Adjusters:	Toplis & Harding Inc.
A plating company suffered fire damages at their plant near Chicago, Illinois. This engagement was to assist Toplis & Harding Inc. to assess the claim for business interruption submitted by the plating company. The original claim of $300,000 was satisfactorily adjusted for approximately $140,000.

Claim:	An Automotive Supply Company vs. An Insurance Company
Adjusters:	Staff
The automotive supply company prepared a claim for loss resulting from employee infidelity. The engagement, by the insurance company, was to review such claim and offer commentary thereon. As a result of the review, the claim was settled for substantially less than the amount initially claimed.

Claim:	A Lumber Company vs. An Insurance Company
Adjusters:	General Adjustment Bureau
As a result of a fire, the lumber company submitted a claim for inventory loss and business interruption. The engagement, by General Adjustment Bureau, was to review this claim. As a result of this review, the amount originally claimed was substantially reduced and settled.

Claim:	A Paint Manufacturer vs. An Insurance Company
Adjusters:	General Adjustment Bureau
The paint manufacturer submitted a claim for damages resulting from the improper design of an automatic can-filling machine. I was engaged by the adjusters to assist in reviewing the claim and offering commentary thereon. As a result of this review, the original claim was substantially reduced and settled.

Claim:	A Manufacturer of Boiler Equipment vs. An Insurance Company
Adjusters:	Toplis & Harding Inc.
The manufacturer submitted a claim for business interruption resulting from a flood. This engagement by Toplis & Harding, Inc., was to assist in reviewing the claim submitted by the company. The amount originally claimed was substantially reduced and the case was settled.

Case:	The Country of Peru vs. Various Parties
Attorneys:	T. Sonde, Esq. et. al. (Washington, DC)
The country of Peru alleged various parties conspired to rig the silver market, which in turn caused its mining operations to lose hundreds of millions of dollars. This engagement was to compute the damages and offer expert testimony thereon in various trials and arbitration hearings. Damages exceeding $100 million were awarded to the plaintiff.

Case:	A Trade Association vs. Various Parties
Attorneys:	McDermott, Will & Emery (Washington, DC)
A trade association was defrauded by its controller. This engagement was to reconstruct the financial records for two fiscal years, identify misappropriated funds, complete past due tax filings and participate in negotiation for abatements of late filing penalties.

Case:	A Tire Wholesaler and Retailer vs. Its President and CEO
Attorneys:	McDermott, Will & Emery (Washington, DC)
The absentee owners of the tire company sued its President and CEO for alleged fraud, misappropriation of corporate funds, divergence of corporate business and the payment of illegal bribes to suppliers. This engagement by counsel for the absentee owners of the company was to assess the damages incurred. Testimony was given at trial and subsequently at mandated arbitration hearings. Damages were awarded to plaintiff.

Case:	The US Government vs. A Private School System
Attorneys:	The Department of Justice
The US Government alleged the Private School System was improperly assisting potential students to obtain student loans without ever intending to complete the curriculum. This engagement by the Department of Justice was to construct a valid dollar estimation-statistical sample from hundreds of thousands of student’s loans and to estimate a statistically valid range of loss resulting from improper loans. The matter was settled.

Case: Corcoran Partners vs. Dresser Industries

Attorneys: Fitzgerald Brace, et.al.

The Partners acquired a division of Dresser and alleged that fraudulent financial statements, upon which they relied, did not disclose material liabilities. This engagement by the Partners was to first offer expert opinion on whether the statements were prepared in accordance with generally accepted accounting principles and second, to compute the lost profits resulting from the inability of the Partners to perform marketing programs as a result of the assumption of the undisclosed liabilities. The case was tried in the Circuit Court of Cook County, Illinois where expert testimony was offered. The judge awarded damages of $500,000.

Claim: A Retail Appliance Shop vs. An Insurance Company

Adjusters: Staff

The shop suffered business interruption losses resulting from a fire. The engagement by the insurance company was to serve as the “appraiser” appointed by them. The matter was resolved without trial or depositions.

Claim: A Mfgr. of Sportswear vs. An Insurance Company

Adjusters: Staff

The manufacturer suffered business interruption resulting from a fire. The engagement by the insurance company was to serve as the “appraiser” appointed by them. The matter was resolved without trial or depositions.

Claim: An Apartment Rental Complex vs. An Insurance Company

Adjusters: Staff

The apartment complex suffered business interruption as a result of an explosion and fire. The engagement was to serve as a consultant to the attorneys for the insurance company. As of October, 2007 this matter was still pending. I was served with a Subpoena Duces Tecum which is awaiting a motion to quash.

Case: A Casino vs. Insurance Companies

Confidential matter, I have given permission, subject to completion of conflict checks, to be considered by the casino as a consultant and potential rebuttal witness in this $80 million business interruption claim arising from a hurricane.