Rick Ostiller is a managing director and leads Navigant’s Commercial Disputes and Forensics practice in Northern California. Rick has provided accounting, financial, and strategic consulting services to attorneys and corporate clients in numerous industries. He has testified in several venues, and has extensive experience with high profile investigative projects, damages calculations, lost profits analyses, and other cost analysis studies. He is a *Certified Public Accountant in California.
Selected experiences include leading teams on the following engagements:
- Navigant teamed with company personnel to update revenue recognition policies and practices, and recast prior period financial statements to reflect the new ASC 606 accounting standard prior to adoption. Reviewed the company’s current ASC 605 revenue recognition policy and identified key risk areas for potential ASC 606 changes. Identified relevant contract features, scoped and disaggregated the company’s contracts according to the relevant contract features, reviewed material and significant contracts, and reviewed sample contracts in each contract feature category. Contract features analyzed included payment terms, contract modifications, free products and services, collectability considerations, and reseller arrangements. Prepared analyses of all ASC 606 effects identified through policy and contract review, and prepared proper adjusting entries to recast revenue and expense for material items.
- A multiyear restatement for a software company transitioning to revenue recognition on a completed performance basis. Determined completion dates and prepared auditor support packages for a large number of standalone and related projects, and developed a method to assign completion dates to all other projects in the evaluation period. After the company determined that its historical linkage policy did not always create appropriate contract groupings for revenue recognition, the team determined multiple element arrangements and standalone arrangements to account for projects in accordance with the restatement methodology. The project team also evaluated SOX compliance, and built a shared database to collect evidence and to enable enhanced collaboration with client personnel.
- Testified in deposition and arbitration on behalf of a wealth manager who had contracted with a colleague to transition his business in exchange for a series of annual payments based on his colleague’s future revenues. After several years, the respondent ceased making the contractually obligated payments. Calculated past and future damages on behalf of the claimant. The arbitrator awarded our client the exact amount included in the damages analysis.
- Engaged by counsel defending the patriarch of a successful family business. His passive investor relatives claimed he had reneged on an offer to acquire their closely-held shares, had harmed their investments through a lack of portfolio diversification, and had wasted corporate assets. Our financial and accounting analyses demonstrated the client’s actions benefited the passive investors over the life of the business. Provided deposition testimony rebutting the plaintiffs’ damages allegations. Our client prevailed on liability.
- Numerous stock options investigations as one of the leaders of Navigant’s national team. These investigations involved reviewing stock option accounting practices, determining compliance with company policy and accounting regulations, and advising on appropriate remediation as required. The projects included forensic accounting, electronic discovery, and statistical and economic analyses on behalf of Special Board Committees, company outside counsel, and company management. Rick also testified on stock option accounting issues for individual defendants in SEC litigation.
- The defense of a major research university against charges of improper accounting for indirect costs on government contracts and grants. The team prepared cost submissions and proposals, demonstrated compliance with applicable regulations, responded to government inquiries and reports, and developed alternative costing methods, and resulted in a highly favorable settlement for the client.
- A multi-year FCPA investigation on behalf of a major defense contractor. The matter involved alleged improper payments to government officials by a European subcontractor. The team conducted recurring reviews of financial records, bank confirmations, and invoices. Our scope also included interviewing contractor and subcontractor management, tracking contract progress, and reporting results to counsel.
- The defense of a municipality against whistleblower and federal government allegations that it had provided Medicaid home care services to patients without proper authorization. The team built a searchable database to house over 100,000 patient records; identified and analyzed relevant medical authorizations, and developed protocols to resolve allegedly deficient authorizations. The analyses supported our opinions rebutting the plaintiff’s damages expert, and an academic statistician rebutting the plaintiff’s statistical analyses. Our client eventually settled on very favorable terms.
- Rick is a member of many professional associations, including the American Institute of Certified Public Accountants, the California Society of CPAs, and the American Bar Association (Associate Member) Litigation and Public Contract Law sections. His community service includes 20 years on the Law Foundation of Silicon Valley Board of Directors, including terms as President and Treasurer, and Board Chair of a nonprofit credit union.
*While many of Navigant’s professionals are Certified Public Accountants licensed in various states, Navigant is not a certified public accounting firm, and neither our professionals nor Navigant provide attest, or public accounting services.