How We Helped a Business Defeat Leyton USA’s Improper ERTC Claim – Could You Be Next?

Sued by Leyton USA or Another Consulting Firm? You May Have Legal Defenses.

At Law Office of Elena Vlady, PLLC, we recently helped a business fight back and win against a lawsuit filed by Leyton USA over fees they were never obligated to pay. We achieved a major victory for a business wrongly sued by Leyton USA over an Employee Retention Tax Credit (ERTC) claim.

Consulting firms like Leyton USA, which promise businesses financial benefits through tax credits and government incentives, often demand payment even when their advice turns out to be flawed or noncompliant with tax regulations. Many businesses sign contracts with these firms without realizing the legal implications—only to be hit with lawsuits when they refuse to pay for services that provided no actual benefit.

What Happened in Our Case?

Our client engaged Leyton USA for an ERTC eligibility study based on the Employee Retention Tax Credit (ERTC). Leyton’s services were contingent on the company receiving a tax credit. However, after an independent CPA review, our client determined that the ERTC claim was prohibited by IRS rules because the wages in question had already been covered by PPP loan forgiveness—making any claim for the tax credit legally impossible.

Recognizing the compliance risk, our client chose not to proceed with filing the ERTC claims recommended by Leyton. It was our client’s position that since no valid tax credit was pursued, Leyton was not entitled to any payment under its contract.

⚠️ IRS Rule: No “Double Dipping”. IRS rules clearly state that wages covered by a forgiven PPP loan cannot be used to claim the ERTC. Despite this, Leyton recommended moving forward, failing to properly account for the business’s PPP loan forgiveness.

✔ IRS Guidance Prohibits “Double Dipping” – Wages covered by PPP loan forgiveness cannot also be claimed for ERTC.
✔ IRS Warnings on Fraudulent ERTC Claims – The IRS has flagged misleading third-party ERTC claims for enforcement actions, audits, and penalties.

Despite this, Leyton IRS restrictions and advised pursuing ERTC claims that were in direct conflict with IRS guidance.

Leyton ignored these facts and still demanded payment, later suing our client for allegedly owed consulting fees. We fought back—and won.

🔹 Our Result: Leyton dismissed the case against our client.

📌 If Leyton USA demands payment from your business, you may not owe them anything. Contact us today for a consultation to protect your business.

Is Leyton Demanding Payment from You? Here’s What You Should Do.

If Leyton USA has sent you an invoice, demand letter, or lawsuit regarding ERTC fees, you DO NOT have to pay without verifying whether their claims are legally valid. Many businesses were misled into believing they qualified, only to later find out that their claims violate IRS rules. As a result, businesses have to return the tax credits and pay IRS penalties and fines.

What You Can Do Right Now:

✔ Consult an attorney immediately – Do not assume Leyton’s claim or advice is valid.
✔ Do not submit a payment unless you verify IRS compliance.
✔ Request all documents from Leyton – You have a right to review their ERTC analysis.
✔ Know your legal rights – If Leyton sues, you may be able to get the case dismissed, just like our client did.

We Can Defend Your Business Against Leyton’s ERTC Claims

At the Law Office of Elena Vlady, PLLC, we defend businesses against improper ERTC lawsuits and suits for business debt. We will:

✅ Review your ERTC eligibility to determine if you were misled.
✅ Challenge Leyton’s claims in court, if necessary.
✅ Protect your business from improper debt lawsuits and suits on account.

📞 If your business has been contacted for payment or sued for unpaid consulting invoices, don’t wait—call us today for a consultation.

Who Else Is Filing These Types of Lawsuits?

While Leyton USA is a major player in tax consulting, they are not the only firm engaging in these practices. Many companies in the tax consulting and financial advisory industry pursue aggressive collection tactics, even when their claims are legally questionable.

🔹 Other Consulting Firms Engaging in Similar Practices May Include:

• Tax and business credit consulting firms
• Government incentive advisory services
• R&D tax credit consulting firms
• Third-party financial consultants that charge contingency fees on refunds

📌 If you have received a demand for payment or a lawsuit from Leyton USA or a similar company, you may have legal defenses.

What You Should Do If a Consulting Firm Sues You

📌 Do NOT assume you owe them money—Their claims may not be valid.
📌 Review your contract—Does it require an “eligible” benefit for payment?
📌 Check IRS regulations—Were they advising an ineligible tax credit claim?
📌 Get legal help quickly—A strong early response can lead to dismissal.

Our law firm defends businesses against improper collection lawsuits by tax consulting and financial advisory firms. We will:

✔ Review your consulting contract for loopholes and defenses.
✔ Determine if the tax credit or incentive was improperly claimed.
✔ Defend your business against unfair collection tactics.

📞 If you’re being pressured for payment by Leyton USA or another consulting firm, contact us today for a consultation.

🚀 We help businesses fight back against aggressive and unfair consulting firm lawsuits. If you’re facing a claim from Leyton USA or another tax advisory company, let us help you protect your business.

Understanding Leyton USA and Its Competitors

Leyton USA is a branch of the international consulting firm Leyton, established in 1997 and headquartered in Paris, France.

Specializing in helping businesses optimize financial performance, Leyton focuses on securing government tax credits and incentives, such as the Research and Development (R&D) Tax Credit and the Employee Retention Tax Credit (ERTC). Their team comprises tax professionals, CPAs, scientists, engineers, and software developers, enabling them to serve a diverse range of industries, including software, engineering, manufacturing, food and beverage, and architecture.

Competitors of Leyton USA operate in the management consulting and financial advisory sectors, offering similar services. Notable competitors include:

• EY (Ernst & Young): A global leader in assurance, tax, transaction, and advisory services, EY assists businesses in navigating complex financial landscapes.
• PwC (PricewaterhouseCoopers): Providing a wide array of professional services, including tax consulting and financial advisory, PwC helps organizations enhance their financial performance.
• Deloitte: Offering audit, consulting, financial advisory, risk management, and tax services, Deloitte serves clients across various industries.
• KPMG: Specializing in audit, tax, and advisory services, KPMG supports businesses in managing risks and grasping opportunities.
• RSM US: As a leading provider of audit, tax, and consulting services focused on the middle market, RSM US delivers tailored solutions to clients.
• Baker Tilly: An advisory, tax, and assurance firm, Baker Tilly offers specialized services to help businesses navigate financial challenges.
• FTI Consulting: Providing expertise in corporate finance, economic consulting, forensic and litigation consulting, and strategic communications, FTI Consulting assists organizations in managing change and mitigating risk.
• Accenture: A global professional services company, Accenture offers a range of services in strategy, consulting, digital, technology, and operations.
• AlixPartners: Specializing in turnaround and restructuring, performance improvement, and risk mitigation, AlixPartners helps companies overcome complex challenges.

These firms, like Leyton USA, aim to enhance their clients’ financial performance through strategic consulting and the optimization of available tax incentives.

🚀 We help businesses fight back against aggressive and unfair consulting firm lawsuits. If you’re facing a claim from Leyton USA or another tax advisory company, let us help you protect your business.