Richard M. Winn

Richard M. Winn is a Managing Director at FTI Consulting and is based in New York. For more than 20 years, Mr. Winn has assisted companies and their counsel with complex litigation and valuation matters. His work frequently involves applying economic analysis to damages issues arising in commercial litigation. Mr. Winn’s experience spans a number of industries.

Mr. Winn has managed engagements in the petroleum and chemicals industries, including the evaluation of issues arising from breach of contact claims, business interruption and intellectual property disputes. He has evaluated multi-billion dollar damages claims related to failed mergers and acquisitions involving multi-national concerns. Mr. Winn has evaluated issues involving the markets for ethylene, polyethylene, PET, acrylonitrile, diisobutylene, superabsorbent polymers, hot melt adhesives and nylon engineering resins, among others. Mr. Winn has also evaluated claims in the gas to fuels and biofuels industries.

Mr. Winn has managed engagements relating to the valuation of companies and units of companies in multiple industries including petroleum refining, petrochemicals, manufacturing and consumer products. Mr. Winn has also evaluated fairness opinions and specific valuation issues such as the applicability of minority discounts.

Mr. Winn has prepared and analyzed claims for lost profits and reasonable royalties in intellectual property matters. His experience includes assessing competitive market factors such as the determinants of demand, barriers to entry, supply and capacity issues, distribution systems, and advertising and promotion. His analyses have included the evaluation of other factors such as the availability of alternative products, convoyed sales and design-around costs.

Mr. Winn managed engagements relating to financial institutions where he evaluated economic and accounting issues related to structured finance transactions involving special purpose vehicles (i.e. Enron-type transactions). Mr. Winn has also managed a number of engagements involving savings and loans that brought suit against the United States following the enactment of the Financial Institutions Reform, Recovery and Enforcement Act of 1989. In those matters, he analyzed economic, financial, accounting and regulatory issues related to claims for breach of contract, including claims for lost profits, reliance damages and restitution.

Mr. Winn’s securities experience includes liquidations conducted pursuant to the Securities Investor Protection Act (SIPA), including the liquidation of a $750 million clearing firm with 42 introducing brokers. In that matter, services included the processing and resolution of over 19,000 claims and the management and distribution of customer assets. Additionally, he investigated trading activities such as securities parking, market manipulation and short-selling.

Mr. Winn also managed engagements concerning the evaluation of tax-related issues, e.g. corporate-owned life insurance (COLI); custom adjustable rate debt structure (CARDS); lease-in lease-out (LILO) transactions; and special limited investment partnership interests (SLIPs).