Carlyn Irwin

Carlyn Irwin is an economic damages and forensic accounting expert with Cornerstone Research, with over thirty years of expert witness testimony and litigation consulting experience, she specializes in intellectual property (IP), breach of contract/tort claims, financial forensic analyses, and investigations.

In addition to her expertise in calculating damages, Ms. Irwin has extensive forensic accounting experience. The Securities and Exchange Commission (SEC) has retained her to analyze financial records in matters involving flow of funds, potential asset misappropriation, and Ponzi schemes. She has provided expert testimony in federal, state, and international courts and arbitration settings.

Lexology Index (formerly Who’s Who Legal) has recognized Ms. Irwin as a leading forensic accountant in the legal investigations space, describing her as “extremely thoughtful” and citing her “detail-oriented approach” and “meticulous analysis.” A certified public accountant (CPA) and certified fraud examiner (CFE), she is also certified in financial forensics, certified in entity and intangible valuations, and accredited in business valuation.

Ms. Irwin has testified on damages claims in multiple federal trials involving trade secret misappropriation, as well as patent, copyright, and trademark infringement disputes. She has estimated lost profits, unjust enrichment, and reasonable royalty damages. In addition, Ms. Irwin has analyzed loss causation, apportionment issues, and the implications of “Most Favored Licensee” clauses. Her experience includes:

• Analyzing patent and trade secret damages under Georgia-Pacific, Panduit, and University Computing
• Valuing intangible assets such as patents, trade secrets, trademarks, assembled workforces, non-competition provisions, and client relationships
• Consulting on licensing programs and pre-litigation patent matters

Ms. Irwin analyzes and testifies on loss causation and damages and performs business valuations in matters alleging breach of contract and tort causes of action, including class actions. Her experience includes issues related to fiduciary duty, product liability, alter ego, Lanham Act violations, false advertising, and unfair business competition. She has also evaluated compensatory damages and claims for statutory and restitution or disgorgement damages. Ms. Irwin has:

• Served as an expert in high-profile matters involving discrimination claims, as well as allegations of aiding and abetting illegal conduct and violations of federal law
• Provided expert testimony in breach of contract litigation to rebut damages theories and calculations, including in trial testimony
• Provided affirmative and rebuttal trial testimony in calculating damages, including analysis of loss causation issues and opining on definitions of the but-for world
• Testified in class action matters regarding damages at the pre-certification stage
• Analyzed liability issues in matters alleging breach of fiduciary duty and discrimination

As a certified financial forensic accountant, Ms. Irwin has extensive experience with reconstructing and confirming financial records, tracing transactions through corporate reporting systems, and reviewing financial records (including tax returns) to assess consistency and reliability. She has consulted on civil and criminal white-collar litigation, as well as matters alleging fraudulent conveyances, breach of contract, money laundering and racketeering (RICO), pyramid schemes, and fraud.

In her forensic accounting testimony, Ms. Irwin has addressed allegations related to solvency, financial misstatements, fraudulent/preferential transfers and schemes, and misappropriation of assets. Her work includes:

• Testifying at deposition and trial regarding affirmative defenses that plaintiffs had falsely reported their financial condition
• Retentions by multiple financial institutions to analyze financial transactions allegedly used to launder money and/or facilitate fraudulent customer schemes
• Assessing companies’ solvency and the “reasonable equivalent value” of allegedly fraudulent transfers/conveyances pre-bankruptcy
• Analyzing legal fees and costs for post-judgment reimbursement by the prevailing party

Ms. Irwin’s industry experience includes consumer products, e-commerce, entertainment, financial and professional services, healthcare, life sciences, medical devices, medical services, real estate, retail, software, software as a service (SaaS), sports, and technology. She works with clients and counsel in all phases of the litigation process.

Ms. Irwin is vice president of membership and member of the board of directors for her local chapter of the National Charity League, Inc. She previously served as president, treasurer and compliance officer.