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Attorneys: Banking & Finance Law Consultants

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Brian H. Kelley
23872 Marmara Bay
Dana Point CA 92629
phone: 213-944-8888
BHK Associates, Inc. (BHK), is a Banking / Finance firm comprised of former bank presidents, chief executive officers, chief creditor officers, and chief lending officers. BHK clients include banks, credit unions, title companies, financial institutions, and insurance companies.

Advisory Services - BHK Associates, Inc., provides a broad range of advisory services to the financial industry and its clients, involving a number of disciplines: Banking Industry Standards & Best Practices, Strategic Planning and Performance Reviews, Banking Operations, Construction Lending, Due Diligence Reviews, Merger & Acquisition Reviews, Troubled Debt Restructuring, Real Estate Appraisal Issues, and more.

Special Credits & Loan Workouts - Their experts have years of experience advising in the areas of special credits, loan workouts, and collection. Specific areas of expertise include: Problem Loan Review & Classification, Problem Loan Workout Strategies, Negotiating Loan Workouts & Forbearance Agreement, Asset Disposition and Loan Sales, Intra-bank disputes, Problem Asset Valuation, Loan Quality Assessment and Analysis, etc.

Brian H. Kelley, Founder and Principal, is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.

Mr. Kelley earned his BA and JD from Brigham Young University. He has been admitted to the CA, UT, and HI Bar Associations. He also has extensive professional course experience in loan underwriting, credit analysis, corporate finance, and lending practices. Mr. Kelley has been a featured speaker and panelist for various industry groups, including the Mortgage Bankers Association and the National Hotel Finance & Investment Conference.

View Brian Kelley's Expert Witness Profile.
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Darryl Horowitt, Esq.
Partner & Chair Litigation Department
499 West Shaw Avenue,Suite 116
Fresno CA 93704
phone: 559-248-4820
fax: 559-248-4830
Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.

Darryl Horowitt, Esq.Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).

Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).

Firm's Areas of Practice Include
  • Banking
  • Commercial Real Estate
  • Business
  • Casualty Insurance Defense
  • Construction Litigation and Transactions
  • Insurance Coverage
  • Environmental Law
  • Commercial Collections
  • Personal Injury Litigation
  • Alternative Dispute Resolution (mediation, arbitration and mini-trials)
  • Estate / Tax Planning
  • As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have often taken over lawsuits as if e-discovery has a life of its own. This article will address the basics of e-discovery so that your business can start taking steps to minimize its impact.

    2/10/2016 · Insurance
    In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?

    11/20/2015 · Legal Issues
    Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.

    10/1/2015 · Finance
    It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.

    Litigation in our court system has become an expensive, time-consuming, and frus trating process which often yields undesired results. Nevertheless, a trial may be necessary to vindicate certain fundamental rights. For many disputes, however, there are alternatives to trial. This article addresses some of the alternatives, known collectively as "Alternative Dispute Resolution ('ADR')," and their potential benefit.

    Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.

    10/14/2014 · Forgery & Fraud
    Identity theft should be a concern to all because of its pervasiveness. One form of theft is the opening of a credit card account using a pre-approved credit card solicitation. You may have received one or more of these solicitations every day, if not every week. Sometimes, the same company will send more than one such solicitation. The credit card companies do this because they receive information from credit reporting agencies and those with acceptable credit scores are sent more attractive offers.

    7/25/2014 · Legal Issues
    Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.

    4/19/2012 · Banking
    Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.

    For many, the idea of owning your own business and being your own boss is alluring: you set your hours and you alone reap the rewards of your endeavors. Unfortunately, the road to success is often paved with many perils: employee costs continue to spiral as do the cost of goods; increased competition from other companies both here and abroad; more regulation from local, state and federal agencies; etc.

    11/17/2011 · Laws & Procedures
    On virtually any day of the week, you can pick up a newspaper and read about a lawsuit. You read the article and say to yourself: "There but for the grace of God go I." Then, the seemingly inevitable happens: You receive a letter from an attorney (or their client) that you are to be sued, or worse, you are served with a lawsuit.

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    6700 S. Florida Avenue, Suite #3
    Lakeland FL 33813
    phone: 863-398-9898
    James W. Lovely, BBA, MBA, JD, is an experienced provider of consulting advice, case analysis and expert witness testimony. He has more than 25 years of business and legal experience in the financial markets with particular expertise in:
    • Complex financial products, including swaps, swaptions, options, futures, repurchase agreements, foreign exchange, commodities, prime brokerage arrangements, securitizations, structured notes and municipal bonds;
    • Secured commercial lending and hedging arrangements often (but not exclusively) involving those complex financial products; and
    • U.S. commercial, commodities, securities and banking law and regulations governing those financial products.
    Mr. Lovely is a very capable writer and public speaker and currently maintains his own consultancy in the above-described areas of expertise. He assists his consulting clients and their legal counsel with: (i) structuring and documenting transactions involving financial products; (ii) evaluating and complying with, and educating personnel concerning, applicable law and regulation; and (iii) tailoring client business practices, compliance programs, and operating procedures to facilitate adherence to both law and corporate policy. He is adept at simplifying or clarifying complex financial products, disputes, and compliance obligations and translating between a client’s legal team and its executive/financial officers while delivering insightful analysis and sound practical guidance. He is intimately familiar with ISDA, NAESB, EEI, ICOM, IFEMA and SIFMA financial product documentation, forms and protocols.

    Consulting Engagements:
    • Mr. Lovely has consulted with regional and community banks that provide derivative and/or foreign exchange products to customers and hedge residual risks with the major money-center banks. In this capacity, he has been involved with the evaluation, structuring, documentation, collateralization and occasional modification or novation of a wide range of financial products, typically in the context of a larger commercial lending relationship.
    • Mr. Lovely has provided consulting services to family offices, hedge funds and CFTC licensed commodity pool operators in connection with a wide range of financial products and prime brokerage arrangements and concerning both SEC and CFTC compliance programs and obligations arising from that activity.
    View James Lovely's Expert Witness Profile.
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    John W. Valentine
    Groton MA 01450
    phone: 617-872-2307
    John Valentine Banking Finance Expert PhotoJohn W. Valentine is the principal of Valentine Law LLC -- a specialty firm focused on Asset Servicing, Custody Banking and ERISA Fiduciary issues for Institutional Investors and service providers, including Fund Sponsors, Investment Managers, Custody Banks, – and other law firms needing temporary expertise in this area.

    Asset Servicing encompasses laws, regulations and industry practices covering the mechanics of investing, including: trade settlement; global and domestic custody; use of securities depositories and registries; physical asset custody; income; corporate actions; proxies; tax reclaims; pricing and valuation; fund accounting, derivative processing and all other aspects of custody and asset administration and operations.

    He also handles ERISA fiduciary issues and prohibited transactions; Mutual Fund custody and accounting; private fund structure; SEC regulations involving manager and mutual fund custody and global custody; practices and standards for corporate actions, class actions, tax reclaims, collateral arrangements, FX etc. – virtually all aspects of custody and management operations.

    Client Needs Served:
    • Fund Sponsors – Negotiations and problems/losses involving Banks and Investment Managers; Risk Management; Fiduciary Audits; negotiation of trust and custody agreements
    • Investment Managers – All Fund Sponsor needs above; as well as ERISA fiduciary expertise in fund investments, including derivatives and non-traditional investment vehicles; mid and back-office operations; fund structure; domestic and global custody arrangements; etc.
    • Custody Banks – Advice regarding all aspects of domestic and global trust and custody and asset servicing.
    • Law Firms - Expertise as needed to assist clients or unique client needs as noted above, without referring clients to other full-service firms; consultation on matters involving asset servicing and trust/custody issues; and litigation.

      Background Experience:

      John W. Valentine has practiced law for over 40 years, with more than 30 years in Banking and Financial Services, ERISA, and benefits work. His experience includes all sides of financial services work, from custody banks, to investment managers, to plan sponsors.

      Valentine Law was established in 2009. Prior to that Mr. Valentine: headed the legal office of Mellon Bank (later BNY-Mellon) in Everett, MA for 11 years; was in-house counsel to Chase Manhattan Bank’s Trust and Custody operations for almost 10 years; and for 7 years was Labor and Benefits counsel for Lever Brothers Company.

      Mr. Valentine was an active participant in the ERISA Attorney’s Group and helped found the Association of Global Custodians. As such, he knows and has helped influence industry practices as well as regulations and regulatory policies affecting Institutional Investors. His extensive in-house knowledge of Custody Banking and Fiduciary Services is unique.

      View John Valentine's Expert Witness Profile.