When Professor Kleinberger acts as a consulting expert, he uses his legal experience and expertise to advise lawyers – both litigators preparing for trial and transactional lawyers trying to put together a deal. In litigation, he provides value whenever consulted, but at (or even before) the beginning of litigation, he offers "early case assessment"– i.e., strategic appraisal of existing theories of the case; recommendations for priorities among theories and for additional theories and approaches; suggestions for additional lines of factual inquiry.
Professor Kleinberger approaches his consulting work from a unique perspective. He is:
- an experienced transactional lawyer, having negotiated deals ranging from asset sales, to international "counter-trade" arrangements, to governance restructurings in closely held businesses;
- an expert witness in disputes in forums ranging from the Tax Court of Canada to the Bankruptcy Court in Delaware to various state courts from North Dakota to New Mexico;
- the principal drafter of business statutes ranging from the uniform LLC and LP acts to a statutory fix to the “economic loss doctrine” to a statute governing indemnification in construction contracts;
- an experienced investigator into alleged misconduct in both closely held and publicly traded businesses;
- a leading scholar in business law, whose articles have been cited by the Seventh Circuit, the New York Court of Appeals, the California Court of Appeals, the Florida court of appeals; the federal bankruptcy court, and the Delaware Court of Chancery, among others.