Jason Dickhaut consults on complex matters related to corporate valuation, mergers and acquisitions (M&A), bankruptcy, and breach of contract claims. Mr. Dickhaut’s industry experience includes financial institutions, healthcare, manufacturing, retail, and energy. He has worked on matters in U.S. federal and state courts, the Delaware Court of Chancery, and U.S. and international arbitration associations.
Valuation
Mr. Dickhaut has extensive experience conducting valuation analyses in commercial disputes using Discounted Cash Flow (DCF), comparable company, and precedent transaction methodologies. He has also evaluated claims related to alleged material omissions in merger proxies, especially in matters alleging failure to disclose valuation-specific inputs and analyses.
M&A and corporate transaction litigation
Mr. Dickhaut has evaluated the structure and features of M&A auction processes and has analyzed negotiated provisions of merger agreements. He has performed statistical analyses of auction process characteristics and has real-world experience as a sell-side M&A financial advisor in both broad auction and targeted auction contexts. In addition, he has assessed the potential magnitude of covered losses under representations and warranties (R&W) insurance policies.
Bankruptcy
In bankruptcy matters, Mr. Dickhaut has analyzed potential damages to lenders. In matters involving allegations of fraudulent transfer, he has assessed companies’ balance sheet solvency. Mr. Dickhaut has evaluated the reasonableness of administrative fees charged to bankrupt entities and assessed creditor harm from alleged misrepresentations and omissions in Securities and Exchange Commission (SEC) filings of bankrupt companies.
Breach of contract and general damages
Mr. Dickhaut has constructed, analyzed, and rebutted damages models in breach of contract disputes. He has analyzed breach of contract and general damages claims under both enterprise value diminution and lost profits frameworks. In these contexts, Mr. Dickhaut has experience analyzing bottom-up profitability forecasts to rebut lost profits analyses. Mr. Dickhaut has also used option pricing analysis to determine potential damages in an employee compensation dispute.
Mr. Dickhaut previously worked as senior associate in the M&A product group of Citigroup’s investment banking division.