1006-00005 · Crestline Packaging Solutions LLC · Correspondence

meridian-retention-letter.docx DOCUMENT Litigation

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CALDERWOOD & HARKNESS LLP Attorneys at Law

1001 Fannin Street, Suite 4200 Houston, Texas 77002 Telephone: (713) 555-4200 Facsimile: (713) 555-4201

August 20, 2021

VIA EMAIL (ncrowley@meridianforensic.com)

Mr. Nathan Crowley, CPA, CFF Engagement Partner Meridian Forensic Accounting Group LLC 2200 Ross Avenue, Suite 3100 Dallas, Texas 75201

Re: Retention as Forensic Accounting Expert — *Crestline Packaging Solutions LLC v. Ridgeway Freight Services Inc.*, Cause No. 342-2021-04871-TX (C&H Matter No. 1006-00005)

Dear Mr. Crowley:

This letter confirms the retention of Meridian Forensic Accounting Group LLC ("Meridian") by this firm, on behalf of our client Crestline Packaging Solutions LLC ("CPS"), as a forensic accounting consultant and potential testifying expert in the above-referenced litigation. The matter is currently pending in the 342nd Judicial District Court, Tarrant County, Texas, styled Crestline Packaging Solutions LLC v. Ridgeway Freight Services Inc., Cause No. 342-2021-04871-TX. The defendant, Ridgeway Freight Services Inc. ("Ridgeway"), is a Texas corporation and third-party logistics provider headquartered in Fort Worth, Texas. CPS is an Ohio limited liability company and specialty packaging manufacturer headquartered in Dayton, Ohio, that operates five manufacturing facilities across Ohio, Indiana, and Texas and ships approximately 14,000 truckloads per year.

The underlying dispute concerns CPS's allegations that Ridgeway engaged in systematic overbilling on freight invoices submitted to CPS under a Master Transportation Services Agreement dated April 15, 2019 (the "MTSA"). The MTSA carried a three-year term running from April 15, 2019 through April 14, 2022; however, CPS terminated the MTSA for cause effective April 22, 2021, following the identification of pervasive billing irregularities. CPS filed its Original Petition on July 19, 2021, asserting four causes of action: (1) breach of contract, (2) money had and received, (3) common-law fraud, and (4) unjust enrichment. On August 5, 2021, Ridgeway filed its Original Answer and Counterclaim, asserting a counterclaim for approximately $340,000 in alleged lost profits and raising affirmative defenses of oral modification, waiver, and estoppel. Against this backdrop, the retention of an independent forensic accounting expert is essential to substantiate CPS's damages claims and to respond effectively to Ridgeway's affirmative defenses and counterclaim.

The terms and conditions of this retention are set forth below.

1. Scope of Engagement

Meridian shall perform the following services in connection with the above-referenced matter:

(a) Invoice Reconciliation. Meridian shall conduct an independent, invoice-by-invoice comparison and reconciliation of all 9,843 freight invoices submitted by Ridgeway to CPS during the twenty-six-month period from February 2019 through March 2021. This reconciliation shall include a detailed comparison of each invoice against (i) the contractual rate schedule set forth in Exhibit B to the MTSA, and (ii) the fuel surcharge formula set forth in Exhibit C to the MTSA.

For purposes of this analysis, the applicable Exhibit B rates include the following full-truckload ("FTL") base rates by lane:

• Ohio to Texas (OH→TX): $2.18 per mile

• Indiana to Texas (IN→TX): $2.04 per mile

• Texas to Ohio (TX→OH): $2.22 per mile

In addition, the Exhibit B rate schedule specifies a less-than-truckload ("LTL") rate of $14.60 per hundredweight (cwt) for Class 70 shipments, and provides for an annual rate escalator of 2.5% effective each April 15, applicable to base rates only (i.e., not compounding to fuel surcharges or accessorial charges).

The Exhibit C fuel surcharge formula pegs the applicable fuel surcharge to the U.S. Department of Energy ("DOE") Weekly Retail On-Highway Diesel Price for the same week as the shipment. Meridian's reconciliation shall verify whether Ridgeway applied the correct DOE index week for each invoice.

(b) Overcharge Quantification. Based on the invoice reconciliation described in subsection (a) above, Meridian shall calculate the total dollar amount of overcharges attributable to Ridgeway's billing practices during the relevant period, broken down by the following categories:

(i) Inflated per-mile rates. Ridgeway is alleged to have applied per-mile rates that were eight to twelve percent (8–12%) above the rates specified in the Exhibit B schedule on a substantial number of affected invoices. CPS's preliminary internal review identified rate discrepancies on 4,217 of the 9,843 invoices submitted by Ridgeway during the period.

(ii) Improper fuel surcharge calculations. Ridgeway is alleged to have used a seven-day lagging DOE diesel index in calculating fuel surcharges, rather than the same-week index required by Exhibit C to the MTSA. This methodology systematically resulted in higher fuel surcharges during periods of rising diesel prices and represents a departure from the contractually specified calculation.

(iii) Unauthorized accessorial charges. Ridgeway is alleged to have assessed liftgate fees, detention charges, and re-delivery fees on certain invoices without supporting delivery documentation or other authorization required under the terms of the MTSA.

(iv) Duplicate invoices. CPS's preliminary analysis identified eighty-three (83) invoices that were submitted and paid twice, representing outright duplications of previously paid charges.

For reference, the total amount invoiced by Ridgeway to CPS during the twenty-six-month period was $12,318,209.46. CPS's internal audit team initially estimated total overcharges at $1,412,088.74, as communicated in CPS's dispute notice to Ridgeway dated February 8, 2021. Based on preliminary discussions with your team, we understand that Meridian's independent analysis is expected to refine and confirm this figure. Applying the contractual rates and formulas to the underlying shipment data, we anticipate that the correct total amount owed to Ridgeway for the period is approximately $10,470,577.27, yielding total overcharges of approximately $1,847,632.19 — representing approximately 15.0% of total invoiced amounts. We emphasize, however, that these are preliminary figures and that Meridian's independent analysis will be dispositive for purposes of the litigation.

(c) Interest Calculation. Meridian shall compute contractual interest on each overcharge amount at the rate of one and one-half percent (1.5%) per month, as specified in Section 10.3 of the MTSA. Interest shall be calculated on each individual overpayment from the date such overpayment was made through a date to be specified by counsel, using a rolling-basis calculation methodology that accounts for the timing of each discrete overpayment. Counsel will advise Meridian of the appropriate cut-off date for interest computations as the litigation schedule develops.

(d) Expert Report. Meridian shall prepare a written expert report suitable for use in the above-referenced litigation. The report shall include, at a minimum, the following components: (i) a detailed description of the methodology employed by Meridian in performing the invoice reconciliation and overcharge quantification; (ii) Meridian's findings with respect to each category of overcharge identified in subsection (b) above; (iii) supporting schedules, tables, and exhibits documenting the analysis on an invoice-by-invoice basis; and (iv) Meridian's opinions regarding the total amount of overcharges and applicable interest. The expert report must comply in all respects with the requirements of Texas Rule of Civil Procedure 194.2(f) for testifying expert reports, including a statement of the expert's qualifications, a list of all documents and materials relied upon, a statement of the expert's compensation, and a listing of the expert's prior testimony experience. The report should be in a form suitable for submission in connection with motions for summary judgment or at trial.

(e) Testimony. Meridian shall make Mr. Crowley (or such other Meridian professional as may be mutually agreed upon) available to provide deposition testimony and, if required, trial testimony in the above-referenced matter. Such testimony shall cover the methodology, findings, and opinions set forth in the expert report prepared pursuant to subsection (d) above, and shall address any challenges to Meridian's analysis that may be raised by Ridgeway or its experts. We will coordinate scheduling of any such testimony with you well in advance.

2. Materials

Calderwood & Harkness LLP will provide the following materials to Meridian to support the engagement described in Section 1 above:

• The MTSA, including all exhibits and amendments thereto, with particular reference to Exhibit B (Rate Schedule) and Exhibit C (Fuel Surcharge Formula);

• All Ridgeway invoices for the relevant period (9,843 invoices, in electronic format);

• CPS payment records and accounts payable data corresponding to the invoiced amounts, including payment dates, check or wire transfer references, and any supporting remittance documentation;

• Bills of lading and delivery documentation maintained by CPS for shipments during the relevant period;

• DOE Weekly Retail On-Highway Diesel Price data for the period from February 2019 through March 2021, as published by the U.S. Energy Information Administration; and

• CPS's internal audit workpapers from the November 2020 through January 2021 review conducted by CPS's internal audit team, which formed the basis for CPS's initial overcharge estimate of $1,412,088.74.

We anticipate that additional materials will be provided to Meridian as they become available through the discovery process. In particular, once Ridgeway produces documents responsive to CPS's outstanding discovery requests — including Ridgeway's internal billing records, rate management system data, and communications relating to invoice preparation — we will supplement the materials provided to Meridian as appropriate. We will consult with you regarding the timing and format of any supplemental document productions.

3. Privilege and Confidentiality

All communications between Meridian and Calderwood & Harkness LLP, and all work product generated by Meridian in connection with this engagement, are made in anticipation of litigation and at the direction of counsel. As such, these communications and work product are intended to be subject to the attorney-client privilege and the work product doctrine to the fullest extent permitted by applicable law.

All materials provided by Calderwood & Harkness LLP to Meridian in connection with this engagement are confidential and proprietary to CPS. Meridian shall not disclose any such materials, or the contents thereof, to any third party without the prior written consent of Calderwood & Harkness LLP. Meridian shall implement and maintain reasonable safeguards — including secure storage of physical documents and password-protected access to electronic files — to protect the confidentiality of all materials received in connection with this engagement.

We note, however, that in the event Meridian is designated as a testifying expert in this matter, certain communications and materials may become discoverable under the Texas Rules of Civil Procedure, including Rule 192.3(e) and Rule 194.2(f). Accordingly, Meridian should maintain a clear separation between consulting work product (i.e., preliminary analyses, draft memoranda, and internal communications that are prepared for the purpose of advising counsel and that are not intended for disclosure) and testifying expert materials (i.e., the expert report and the supporting data and documents that form the basis for Meridian's disclosed opinions). We will provide specific guidance regarding this separation as the engagement progresses and as expert designation deadlines approach. If you have any questions regarding the scope of the privilege or the handling of particular documents, please contact me or Yuki Nakamura at this office before making any disclosure.

4. Fees

Meridian's professional fees for this engagement shall be billed at the following hourly rates:

Meridian shall submit invoices on a monthly basis to Calderwood & Harkness LLP at the address set forth in the letterhead above, or to such other address or email as may be designated by this firm. Each invoice shall include a reasonably detailed description of the services performed, the professional(s) performing such services, the hours expended, and any reimbursable costs incurred. Payment shall be due within thirty (30) days of the date of each invoice.

Based on our discussions regarding the anticipated scope and complexity of the analysis, we estimate that total professional fees for the engagement will range from $40,000 to $55,000, subject to the complexity of the invoice reconciliation and overcharge quantification, the volume and condition of the underlying data, and the extent of any deposition or trial testimony required. This estimate is provided for budgeting purposes only and does not constitute a cap on fees. In the event that circumstances arise that may cause actual fees to materially exceed this estimate, Meridian shall promptly notify Calderwood & Harkness LLP so that we may consult with our client regarding the scope and budget of the engagement.

5. Independence

Meridian hereby represents and confirms the following:

(a) Meridian has no financial interest, direct or indirect, in the outcome of the above-referenced litigation, and Meridian's compensation for this engagement is not contingent upon or otherwise tied to the result of the litigation or the amount of damages recovered or awarded.

(b) Meridian has no prior or existing relationship with Ridgeway Freight Services Inc. — whether as a client, consultant, vendor, or otherwise — that would impair Meridian's independence, objectivity, or credibility as a forensic accounting expert in this matter.

(c) Meridian has no prior or existing relationship with Ridgeway's counsel of record, Bartlett, Hogue & Sinclair LLP (801 Cherry Street, Suite 3400, Fort Worth, Texas 76102; lead attorney Marcus T. Hogue), that would impair Meridian's independence, objectivity, or credibility as a forensic accounting expert in this matter.

(d) In performing the services described in this letter, Meridian will exercise independent professional judgment and will render opinions based solely on the evidence and data reviewed, applying generally accepted forensic accounting principles and methodologies. Meridian's analysis and conclusions will not be influenced by the interests or objectives of CPS, Calderwood & Harkness LLP, or any other party.

In the event that any circumstance arises during the course of this engagement that could reasonably be perceived as impairing Meridian's independence or objectivity, Meridian shall promptly disclose such circumstance to Calderwood & Harkness LLP so that appropriate steps may be taken.

We believe that Meridian's expertise in freight-industry forensic accounting and invoice reconciliation is particularly well-suited to the complex billing analysis required in this matter, and we look forward to working with you and your team.

If the foregoing terms accurately reflect our mutual understanding, please countersign this letter in the space provided below and return a copy to me at your earliest convenience. A countersigned copy may be returned via email to fmorano@calderwoodharkness.com. Should you have any questions regarding the scope of the engagement or any other aspect of this letter, please do not hesitate to contact me directly at (713) 555-4218.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Francesca Morano Partner

AGREED AND ACCEPTED:

MERIDIAN FORENSIC ACCOUNTING GROUP LLC

By: ________

Nathan Crowley, CPA, CFF Engagement Partner

Date: August __, 2021

cc: Yuki Nakamura, Calderwood & Harkness LLP, Houston, Texas (via email)

Harold Inman, General Counsel, Crestline Packaging Solutions LLC, 4500 Needmore Road, Dayton, Ohio 45424 (via email)

Professional	Hourly Rate
Nathan Crowley, CPA, CFF (Engagement Partner)	$425.00
Senior Forensic Analyst	$275.00
Staff Analyst	$175.00

CALDERWOOD & HARKNESS LLP Attorneys at Law
1001 Fannin Street, Suite 4200 Houston, Texas 77002 Telephone: (713) 555-4200 Facsimile: (713) 555-4201
August 20, 2021
VIA EMAIL (ncrowley@meridianforensic.com)
Mr. Nathan Crowley, CPA, CFF Engagement Partner Meridian Forensic Accounting Group LLC 2200 Ross Avenue, Suite 3100 Dallas, Texas 75201
Re: Retention as Forensic Accounting Expert — *Crestline Packaging Solutions LLC v. Ridgeway Freight Services Inc.*, Cause No. 342-2021-04871-TX (C&H Matter No. 1006-00005)
Dear Mr. Crowley:
This letter confirms the retention of Meridian Forensic Accounting Group LLC ("Meridian") by this firm, on behalf of our client Crestline Packaging Solutions LLC ("CPS"), as a forensic accounting consultant and potential testifying expert in the above-referenced litigation. The matter is currently pending in the 342nd Judicial District Court, Tarrant County, Texas, styled Crestline Packaging Solutions LLC v. Ridgeway Freight Services Inc., Cause No. 342-2021-04871-TX. The defendant, Ridgeway Freight Services Inc. ("Ridgeway"), is a Texas corporation and third-party logistics provider headquartered in Fort Worth, Texas. CPS is an Ohio limited liability company and specialty packaging manufacturer headquartered in Dayton, Ohio, that operates five manufacturing facilities across Ohio, Indiana, and Texas and ships approximately 14,000 truckloads per year.
The underlying dispute concerns CPS's allegations that Ridgeway engaged in systematic overbilling on freight invoices submitted to CPS under a Master Transportation Services Agreement dated April 15, 2019 (the "MTSA"). The MTSA carried a three-year term running from April 15, 2019 through April 14, 2022; however, CPS terminated the MTSA for cause effective April 22, 2021, following the identification of pervasive billing irregularities. CPS filed its Original Petition on July 19, 2021, asserting four causes of action: (1) breach of contract, (2) money had and received, (3) common-law fraud, and (4) unjust enrichment. On August 5, 2021, Ridgeway filed its Original Answer and Counterclaim, asserting a counterclaim for approximately $340,000 in alleged lost profits and raising affirmative defenses of oral modification, waiver, and estoppel. Against this backdrop, the retention of an independent forensic accounting expert is essential to substantiate CPS's damages claims and to respond effectively to Ridgeway's affirmative defenses and counterclaim.
The terms and conditions of this retention are set forth below.
1. Scope of Engagement
Meridian shall perform the following services in connection with the above-referenced matter:
(a) Invoice Reconciliation. Meridian shall conduct an independent, invoice-by-invoice comparison and reconciliation of all 9,843 freight invoices submitted by Ridgeway to CPS during the twenty-six-month period from February 2019 through March 2021. This reconciliation shall include a detailed comparison of each invoice against (i) the contractual rate schedule set forth in Exhibit B to the MTSA, and (ii) the fuel surcharge formula set forth in Exhibit C to the MTSA.
For purposes of this analysis, the applicable Exhibit B rates include the following full-truckload ("FTL") base rates by lane:
•  Ohio to Texas (OH→TX): $2.18 per mile
•  Indiana to Texas (IN→TX): $2.04 per mile
•  Texas to Ohio (TX→OH): $2.22 per mile
In addition, the Exhibit B rate schedule specifies a less-than-truckload ("LTL") rate of $14.60 per hundredweight (cwt) for Class 70 shipments, and provides for an annual rate escalator of 2.5% effective each April 15, applicable to base rates only (i.e., not compounding to fuel surcharges or accessorial charges).
The Exhibit C fuel surcharge formula pegs the applicable fuel surcharge to the U.S. Department of Energy ("DOE") Weekly Retail On-Highway Diesel Price for the same week as the shipment. Meridian's reconciliation shall verify whether Ridgeway applied the correct DOE index week for each invoice.
(b) Overcharge Quantification. Based on the invoice reconciliation described in subsection (a) above, Meridian shall calculate the total dollar amount of overcharges attributable to Ridgeway's billing practices during the relevant period, broken down by the following categories:
(i) Inflated per-mile rates. Ridgeway is alleged to have applied per-mile rates that were eight to twelve percent (8–12%) above the rates specified in the Exhibit B schedule on a substantial number of affected invoices. CPS's preliminary internal review identified rate discrepancies on 4,217 of the 9,843 invoices submitted by Ridgeway during the period.
(ii) Improper fuel surcharge calculations. Ridgeway is alleged to have used a seven-day lagging DOE diesel index in calculating fuel surcharges, rather than the same-week index required by Exhibit C to the MTSA. This methodology systematically resulted in higher fuel surcharges during periods of rising diesel prices and represents a departure from the contractually specified calculation.
(iii) Unauthorized accessorial charges. Ridgeway is alleged to have assessed liftgate fees, detention charges, and re-delivery fees on certain invoices without supporting delivery documentation or other authorization required under the terms of the MTSA.
(iv) Duplicate invoices. CPS's preliminary analysis identified eighty-three (83) invoices that were submitted and paid twice, representing outright duplications of previously paid charges.
For reference, the total amount invoiced by Ridgeway to CPS during the twenty-six-month period was $12,318,209.46. CPS's internal audit team initially estimated total overcharges at $1,412,088.74, as communicated in CPS's dispute notice to Ridgeway dated February 8, 2021. Based on preliminary discussions with your team, we understand that Meridian's independent analysis is expected to refine and confirm this figure. Applying the contractual rates and formulas to the underlying shipment data, we anticipate that the correct total amount owed to Ridgeway for the period is approximately $10,470,577.27, yielding total overcharges of approximately $1,847,632.19 — representing approximately 15.0% of total invoiced amounts. We emphasize, however, that these are preliminary figures and that Meridian's independent analysis will be dispositive for purposes of the litigation.
(c) Interest Calculation. Meridian shall compute contractual interest on each overcharge amount at the rate of one and one-half percent (1.5%) per month, as specified in Section 10.3 of the MTSA. Interest shall be calculated on each individual overpayment from the date such overpayment was made through a date to be specified by counsel, using a rolling-basis calculation methodology that accounts for the timing of each discrete overpayment. Counsel will advise Meridian of the appropriate cut-off date for interest computations as the litigation schedule develops.
(d) Expert Report. Meridian shall prepare a written expert report suitable for use in the above-referenced litigation. The report shall include, at a minimum, the following components: (i) a detailed description of the methodology employed by Meridian in performing the invoice reconciliation and overcharge quantification; (ii) Meridian's findings with respect to each category of overcharge identified in subsection (b) above; (iii) supporting schedules, tables, and exhibits documenting the analysis on an invoice-by-invoice basis; and (iv) Meridian's opinions regarding the total amount of overcharges and applicable interest. The expert report must comply in all respects with the requirements of Texas Rule of Civil Procedure 194.2(f) for testifying expert reports, including a statement of the expert's qualifications, a list of all documents and materials relied upon, a statement of the expert's compensation, and a listing of the expert's prior testimony experience. The report should be in a form suitable for submission in connection with motions for summary judgment or at trial.
(e) Testimony. Meridian shall make Mr. Crowley (or such other Meridian professional as may be mutually agreed upon) available to provide deposition testimony and, if required, trial testimony in the above-referenced matter. Such testimony shall cover the methodology, findings, and opinions set forth in the expert report prepared pursuant to subsection (d) above, and shall address any challenges to Meridian's analysis that may be raised by Ridgeway or its experts. We will coordinate scheduling of any such testimony with you well in advance.
2. Materials
Calderwood & Harkness LLP will provide the following materials to Meridian to support the engagement described in Section 1 above:
•  The MTSA, including all exhibits and amendments thereto, with particular reference to Exhibit B (Rate Schedule) and Exhibit C (Fuel Surcharge Formula);
•  All Ridgeway invoices for the relevant period (9,843 invoices, in electronic format);
•  CPS payment records and accounts payable data corresponding to the invoiced amounts, including payment dates, check or wire transfer references, and any supporting remittance documentation;
•  Bills of lading and delivery documentation maintained by CPS for shipments during the relevant period;
•  DOE Weekly Retail On-Highway Diesel Price data for the period from February 2019 through March 2021, as published by the U.S. Energy Information Administration; and
•  CPS's internal audit workpapers from the November 2020 through January 2021 review conducted by CPS's internal audit team, which formed the basis for CPS's initial overcharge estimate of $1,412,088.74.
We anticipate that additional materials will be provided to Meridian as they become available through the discovery process. In particular, once Ridgeway produces documents responsive to CPS's outstanding discovery requests — including Ridgeway's internal billing records, rate management system data, and communications relating to invoice preparation — we will supplement the materials provided to Meridian as appropriate. We will consult with you regarding the timing and format of any supplemental document productions.
3. Privilege and Confidentiality
All communications between Meridian and Calderwood & Harkness LLP, and all work product generated by Meridian in connection with this engagement, are made in anticipation of litigation and at the direction of counsel. As such, these communications and work product are intended to be subject to the attorney-client privilege and the work product doctrine to the fullest extent permitted by applicable law.
All materials provided by Calderwood & Harkness LLP to Meridian in connection with this engagement are confidential and proprietary to CPS. Meridian shall not disclose any such materials, or the contents thereof, to any third party without the prior written consent of Calderwood & Harkness LLP. Meridian shall implement and maintain reasonable safeguards — including secure storage of physical documents and password-protected access to electronic files — to protect the confidentiality of all materials received in connection with this engagement.
We note, however, that in the event Meridian is designated as a testifying expert in this matter, certain communications and materials may become discoverable under the Texas Rules of Civil Procedure, including Rule 192.3(e) and Rule 194.2(f). Accordingly, Meridian should maintain a clear separation between consulting work product (i.e., preliminary analyses, draft memoranda, and internal communications that are prepared for the purpose of advising counsel and that are not intended for disclosure) and testifying expert materials (i.e., the expert report and the supporting data and documents that form the basis for Meridian's disclosed opinions). We will provide specific guidance regarding this separation as the engagement progresses and as expert designation deadlines approach. If you have any questions regarding the scope of the privilege or the handling of particular documents, please contact me or Yuki Nakamura at this office before making any disclosure.
4. Fees
Meridian's professional fees for this engagement shall be billed at the following hourly rates:
Meridian shall submit invoices on a monthly basis to Calderwood & Harkness LLP at the address set forth in the letterhead above, or to such other address or email as may be designated by this firm. Each invoice shall include a reasonably detailed description of the services performed, the professional(s) performing such services, the hours expended, and any reimbursable costs incurred. Payment shall be due within thirty (30) days of the date of each invoice.
Based on our discussions regarding the anticipated scope and complexity of the analysis, we estimate that total professional fees for the engagement will range from $40,000 to $55,000, subject to the complexity of the invoice reconciliation and overcharge quantification, the volume and condition of the underlying data, and the extent of any deposition or trial testimony required. This estimate is provided for budgeting purposes only and does not constitute a cap on fees. In the event that circumstances arise that may cause actual fees to materially exceed this estimate, Meridian shall promptly notify Calderwood & Harkness LLP so that we may consult with our client regarding the scope and budget of the engagement.
5. Independence
Meridian hereby represents and confirms the following:
(a) Meridian has no financial interest, direct or indirect, in the outcome of the above-referenced litigation, and Meridian's compensation for this engagement is not contingent upon or otherwise tied to the result of the litigation or the amount of damages recovered or awarded.
(b) Meridian has no prior or existing relationship with Ridgeway Freight Services Inc. — whether as a client, consultant, vendor, or otherwise — that would impair Meridian's independence, objectivity, or credibility as a forensic accounting expert in this matter.
(c) Meridian has no prior or existing relationship with Ridgeway's counsel of record, Bartlett, Hogue & Sinclair LLP (801 Cherry Street, Suite 3400, Fort Worth, Texas 76102; lead attorney Marcus T. Hogue), that would impair Meridian's independence, objectivity, or credibility as a forensic accounting expert in this matter.
(d) In performing the services described in this letter, Meridian will exercise independent professional judgment and will render opinions based solely on the evidence and data reviewed, applying generally accepted forensic accounting principles and methodologies. Meridian's analysis and conclusions will not be influenced by the interests or objectives of CPS, Calderwood & Harkness LLP, or any other party.
In the event that any circumstance arises during the course of this engagement that could reasonably be perceived as impairing Meridian's independence or objectivity, Meridian shall promptly disclose such circumstance to Calderwood & Harkness LLP so that appropriate steps may be taken.
We believe that Meridian's expertise in freight-industry forensic accounting and invoice reconciliation is particularly well-suited to the complex billing analysis required in this matter, and we look forward to working with you and your team.
If the foregoing terms accurately reflect our mutual understanding, please countersign this letter in the space provided below and return a copy to me at your earliest convenience. A countersigned copy may be returned via email to fmorano@calderwoodharkness.com. Should you have any questions regarding the scope of the engagement or any other aspect of this letter, please do not hesitate to contact me directly at (713) 555-4218.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Francesca Morano Partner
AGREED AND ACCEPTED:
MERIDIAN FORENSIC ACCOUNTING GROUP LLC
By: ________
Nathan Crowley, CPA, CFF Engagement Partner
Date: August __, 2021
cc: Yuki Nakamura, Calderwood & Harkness LLP, Houston, Texas (via email)
Harold Inman, General Counsel, Crestline Packaging Solutions LLC, 4500 Needmore Road, Dayton, Ohio 45424 (via email)
Professional | Hourly Rate
Nathan Crowley, CPA, CFF (Engagement Partner) | $425.00
Senior Forensic Analyst | $275.00
Staff Analyst | $175.00

CALDERWOOD & HARKNESS LLP Attorneys at Law

CALDERWOOD & HARKNESS LLP

AGREED AND ACCEPTED:

MERIDIAN FORENSIC ACCOUNTING GROUP LLC

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