Margaret Kolb is a director in the Litigation, Forensic & Valuation Services Group at Anchin. She provides litigation consulting and forensic accounting services for civil and criminal cases dealing directly with law firms, in-house counsel and government agencies.
Margaret has provided litigation consulting and forensic investigation services for cases involving individuals, small and large companies, and not-for-profit organizations with emphasis on the evaluation of damages due to breach of contract or fiduciary duty, partnership and shareholder disputes, post-acquisition claims, fraud and financial reporting. Margaret has participated in numerous arbitrations, some involving damages in the hundreds of millions of dollars.
Margaret has executed numerous forensic investigations for not-for-profit clients. In connection with these investigations, she has worked directly with members of the New York State Attorney General’s Charities Bureau. In addition, Margaret has qualified as an expert in both state and federal litigation.
Her experience also includes providing audit and tax services to small and mid-sized privately held and publicly traded companies in the manufacturing, distribution and service industries.
Margaret received her B.B.A. in Public Accounting from Pace University. She is a member of the American Institute of Certified Public Accountants (AICPA), the New York State Society of Certified Public Accountants (NYSSCPA) and the Association of Certified Fraud Examiners (ACFE).
- Litigation, Forensic and Valuation
- ACFE Report to the Nations 2018June 15, 2018
The Association of Certified Fraud Examiners (“ACFE”) recently published the Report to the Nations 2018 Global Study on Occupational Fraud and Abuse (the 2018 “Report to the Nations” or “2018 Report”), its tenth publication since 1996. For the past 20 years, the ACFE has reviewed thousands of cases of occupational fraud in which insiders stole billions of dollars from their employers.
- Causation Expert PrecludedApril 3, 2018
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group are often called upon to serve as expert witnesses to testify in regards to damages resulting from a liability that caused the damage. Without the causation being proved, damages would not be awarded to the plaintiff.
- Anchin LFVS BriefingMarch 12, 2018
The Litigation, Forensic and Valuation Services Group of Anchin, Block & Anchin is often retained by counsel to help compute or refute damages allegedly caused by a negligent act or breach of duty. However, in order for there to be damages, the plaintiff must demonstrate that there was a proximate cause between the alleged negligence and the alleged damages.
- Claim Dismissed Due to Lack of Determined ExpertiseFebruary 20, 2018
It is extremely important that the testifying expert is a technical expert in the field in which he or she is testifying with demonstrated work history.
- Arbitral Award Upheld Except for Post-Judgment InterestJanuary 5, 2018
Members of Anchin Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators in commercial disputes. Sometimes, the claimant in a case will ask for pre-award and/or post-judgment interest in addition to the principal amount of its claim. The arbitrator has to determine if such interest should be awarded and, if so, at what interest rate.
- Summary Judgement Denied on Warranty Breach Claim Where Expert Opinion Raised Factual DisputeOctober 11, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group are often called upon to serve as expert witnesses. As demonstrated in a case recently reported in the New York Law Journal, a testifying expert’s qualifications are extremely important as they go to the credibility of the witness’ testimony and cans sometimes have far reaching effects even before a trial begins.
- Arbitration Panel Did Not Exceed AuthoritySeptember 14, 2017
It is very difficult to have an arbitrator’s decision and award vacated. There are only a few circumstances in which a court will vacate an arbitrator’s decision and award. One of those circumstances is when the arbitrator or the arbitration panel exceeds authority.
- Suit Over Breach of Contract Stayed Pending ArbitrationAugust 3, 2017
When entering into a contract that contains a provision that requires arbitration for the resolution of disputes, the involved parties have, in fact, chosen to utilize an alternative dispute resolution to resolve conflicts instead of courtroom litigation. However, courts are supportive of arbitration as a means for resolving disputes and try, wherever possible, to uphold arbitration agreements.
- Arbitrator’s Award Over Gas Sensors Sold During ‘Earn Out’ Period ConfirmedJuly 6, 2017
Although arbitration awards can be challenged in court, these awards will only be overturned by the court in rare and limited cases. Courts will vacate or refuse to confirm an arbitration award if the award is the product of fraud, corruption, or serious misconduct by the arbitrator.
- Court Denies Plaintiff’s Motion to Set Aside Jury VerdictMay 30, 2017
Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group is often retained to determine damages in cases involving a breach of contract, a business interruption, a personal injury, a wrongful termination, a wrongful death, or other cases where damages are incurred by one party as a result of the actions of another party.
- Arbitration Compelled After Parties Did Not Try to Arbitrate in Good FaithApril 14, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators. Alternative dispute resolution is an increasingly popular alternative to traditional litigation. Courts are very reluctant to allow parties to an agreement to litigate if an agreement between the parties requires that disputes be arbitrated.
- Husband Fails to Show Circumstance Change and Downward Modification of Support DeniedApril 4, 2017
Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group is often retained to assist attorneys who are handling matrimonial and family law matters that involve financial considerations. At times, counsel requires our assistance in arguing against one spouse’s attempt to have a downward modification in maintenance and/or child support.
- Petition to Vacate Arbitration Award DismissedMarch 16, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators. Alternative dispute resolution is an increasingly popular alternative to traditional litigation. Although the courts may be asked to review the validity an arbitrator’s award, unless there are unusual and extenuating circumstance, they will rarely overturn such awards.
- Conflicting Expert Opinions Preclude Summary Judgment DismissalMarch 7, 2017
Frequently, as part of our litigation, forensic and valuation services practice, we are called upon to issue expert reports. As can be imagined, it is common that the opinions expressed in the expert reports for each side are very different (reasonable professionals can disagree, right?). However, it is interesting to consider how much of an impact those different opinions can have on the case process.
- Defendant’s Participation in Litigation Waives Right to Compel ArbitrationFebruary 16, 2017
In our litigation, forensic and valuation services practice, we are often involved in cases where there is a question of whether or not an arbitration provision in an agreement can be enforced.
- Arbitration Panel’s Award Determined to be a Reasoned AwardFebruary 8, 2017
When a member of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group serves as an arbitrator, one of the things he or she needs to consider is whether his or her decision should be contained in a simple award or in a reasoned award; if the latter, how much detail needs to be included in the reasoned award.
- Prejudgment Interest Computed from Date of Damages Verdict, Not From Date of Liability StipulationJanuary 3, 2017
The litigation consultants and forensic accountants in Anchin’s Litigation, Forensic and Valuation Services Group are often confronted with the calculation of prejudgment interest. When dealing with the issue of prejudgment interest, a critical question that must be answered is from what date is the prejudgment interest computed.