Sean M. Kruskol

Sean Kruskol coheads Cornerstone Research’s commercial disputes and general damages practice. Mr. Kruskol analyzes large, complex datasets related to commercial litigation and accounting disputes. His expertise includes analysis of economic damages, data analytics, accounting and auditing, healthcare and life sciences, and forensic accounting investigations. He has worked on matters in the entertainment, financial services, healthcare and health insurance, manufacturing, telecommunications, and technology industries.

Mr. Kruskol has served as a testifying expert in matters involving data analytics, damages, and forensic accounting issues.

 Breach of contract and damages

Mr. Kruskol’s breach of contract and general damages expertise covers disputes across multiple industries. Select experience includes:

• Testifying at trial on accounting standards and potential lost profit and lost business value damages applicable to a breach of contract claim in a post-acquisition dispute
• Testifying at multiple arbitration hearings on issues of lost profits and lost business value damages
• Consulting on lost profits and profit participation in an entertainment-industry lawsuit

 Data analytics

Mr. Kruskol is experienced with SQL and computer-assisted audit techniques (CAATs). Using these tools, he has analyzed big data in a range of commercial disputes, as well as government and internal investigations. Select matters include:

• Testifying on data analytic techniques and results using large datasets in various contexts
• Investigating claims by the U.S. Securities and Exchange Commission (SEC) regarding an alleged financial reporting fraud scheme
• Analyzing billions of transactional records for a large online retailer to assess consumer behavior

 Accounting and auditing

Mr. Kruskol has worked on cases involving U.S. Generally Accepted Accounting Principles (GAAP), Generally Accepted Auditing Standards (GAAS), International Standards on Auditing (ISA), and International Financial Reporting Standards (IFRS). Select experience includes:

• Testifying at trial on interpretations and applications of revenue recognition and loss contingency accounting standards
• Evaluating timing and causes of potential damages in an accounting malpractice dispute
• Assessing claims by the SEC of auditor negligence related to an audit of a U.S. manufacturer’s foreign subsidiary
• Assessing claims by the SEC of auditor independence issues

Healthcare and life sciences

Mr. Kruskol testifies and consults on accounting, disclosure, loss causation, and damages issues in healthcare matters. Select experience includes:

• Testifying on large-scale data analytics issues for pharmaceutical companies
• Analyzing damages and loss causation related to a breach of contract for a healthcare revenue cycle company
• Evaluating a health insurance claims company’s profitability over a multiyear period to develop a damages model
• Assessing False Claims Act (FCA) allegations related to Medicaid claims paid by the federal government
• Investigating the historical financial reporting of a healthcare technology company for compliance with GAAP

Forensic investigations

Mr. Kruskol has particular expertise testifying and consulting on issues of alleged earnings management and asset misappropriation schemes, including:

• Testifying on the selection and application of various cash tracing methods
• Investigating an alleged earnings management scheme in a post-acquisition dispute
• Investigating an alleged revenue recognition and financial reporting fraud scheme
• Analyzing customer bank account activity to identify patterns consistent with a Ponzi scheme

Mr. Kruskol is a certified public accountant (CPA), chartered global management accountant (CGMA), and certified fraud examiner (CFE).