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Business Appraisal & Valuation Expert Witnesses

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Jay B. Abrams, ASA, CPA, MBA
4605 Lankershim Blvd.,Suite 716
No. Hollywood, CA 91602
----Multiple States-----
CA, NY USA
phone: 818-505-6008
fax: 818-761-2148
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Jay B. Abrams, ASA, CPA, MBA, founder and head of Abrams Valuation Group, Inc. (AVGI), has over 25 years of experience as a Business Appraiser. Integrating theory and practice, he has valued businesses and consulted on mergers and acquisitions in a wide range of industries, provided valuations and discounts for fractional interests and restricted stock, and conducted independent statistical and mathematical research regarding problems facing businesses.

Mr. Abrams has made significant contributions to the science of valuing businesses. He has created 11 inventions, including financial models with dozens of original formulas to improve discount rate calculations, marketability & control adjustments, cash flow forecasting, ESOP valuations, and other applications. Mr. Abrams is the author of over 20 quantitative articles and two books:Litigation Support - Mr. Abrams provides expert testimony and damage calculations for lawsuits regarding Impaired Assets and Loss of Shareholder Value. He can help determine if a loss has occurred, provide a scientific basis for calculating the amount, and give expert testimony about his findings in court. His firm's credentials, detailed work product, and clear explanations create confidence among juries and judges, which can prove critical to the final outcome.

Background - Prior to founding AVGI, Mr. Abrams was a founding partner in the San Diego accounting firm of Thefeld, Finch and Abrams, headed the valuation practice of Pacific Corporate Valuations in La Jolla, California, and worked as a senior valuation economist for Arthur D. Little Valuation, Inc. and, in the 1970s, as an auditor for Arthur Andersen. He earned an MBA in Finance and Marketing from the University of Chicago, and a B.S. from California State University at Northridge. Mr. Abrams is an Accredited Senior Appraiser (ASA) of the American Society of Appraisers and is a certified public accountant (CPA).

New York Office: 718-771-0101 Phone / 718-771-6366 FAX


View Abrams Valuation Group's Consulting Profile.
Regression analysis is a statistical technique to measure the mathematical relationship between a dependent variable and one or more independent variables. In the context of the Market Approach in business valuation, the dependent variable is usually some variation of Fair Market Value (FMV), i.e., market capitalization in the Guideline Public Company method, selling price (IBA), or MVIC (Market Value of Invested Capital, Pratt's Stats).

11/25/2009 · Accounting
This article presents a discussion of the validity of using the mid-year convention from a different point of view than the March 2002 BVR article by Michael Dobner.

11/25/2009 · Damages
We all have used the Discounted Cash Flow (DCF) method. Many of us would agree that it is generally the best, most comprehensive, theoretically correct valuation model. It also has an empirical reason to be the best, which is that many of us calculate our discount rates using the Ibbotson data in the SBBI annual yearbooks, which are based on publicly traded stock data.

11/25/2009 · Damages
This article arose from an actual litigation. To protect the identity of the parties, I usefictional names.

It seems to me that healthy dialogue among practitioners is a useful tool in facilitating our growth as a profession. It is in that spirit that I wish to respond to my colleague, Chris Mercer’s recent article,[Citation Omitted] wherein he asserts that my misunderstanding of his Quantitative Marketability Discount Model (QMDM) explains the disparity in my results and his in calculating the discount for lack of marketability (DLOM). Accordingly, in this article I will

Jay B. Abrams
Helps business owners determine the value of their businesses, attorneys and financial professionals better represent and advise their clients, and virtually all professionals involved in business valuation do their jobs more efficiently.
Jay B. Abrams
Quantitative Business Valuation is the first authoritative work to guide professionals through the business valuation process with a quantitative--as opposed to qualitative--focus.
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William H. Purcell
Investment Banking Expert Witness
225 Cedar Ridge Road
Bedminster NJ 07921
USA
phone: (908) 781-1803; cell: (908) 581-1203
fax: (908) 781-5865
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Education:
  • Princeton, 1964 (B.A., Economics, with honors)
  • NYU Business School, 1966 (MBA, Top of class)
  • Expertise: Mr. Purcell has over 40 years of experience in every area of investment banking including the following:
  • Mergers & Acquisitions
  • Leveraged Buyouts and Recapitalizations
  • Fairness Opinions and Fairness Issues
  • Adequacy Opinions
  • Solvency Opinions
  • Bankruptcy issues, including fraudulent conveyance
  • Valuations
  • Advice to Special Committees of Boards
  • Due Diligence and Disclosure Issues
  • Fiduciary Issues
  • Damage issues and analysis
  • Lender Liability
  • Fee issues
  • Document Interpretation and Standards from investment banking point of views
  • Criminal cases involving alleged securities violations and insider trading
  • Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
  • Venture Capital
  • Leasing and Real Estate Financing
  • Background: Mr. Purcell was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. He also has served as interim CEO of a public company and has served on Boards of Directors. Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area.

    Mr. Purcell has been an expert in more than 100 cases with over 100 Law Firms, including cases for the SEC, IRS and the DOJ. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    USA
    phone: 949-263-8700
    fax: 949-263-0770
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    MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 30 years.

    Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.

    Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.

    Areas of Expertise Include:
  • Banking Operations/Administration
  • Check Fraud
  • Lending Policies, Custom and Practice
  • Loan Underwriting & Credit Administration
  • Sub Prime Loan Originations, Underwriting, Securitizations & Servicing
  • Bankruptcy, Foreclosures and Workouts
  • Trust & Fiduciary Issues / Operations
  • Securities Brokerage & Investments
  • Valuations & Damages Analysis
  • Forensic Accounting
  • Employment / Compensation
  • Real Estate Brokerage & Management
  • Title Insurance & Escrow
  • Real Estate Appraisal & Transactions
  • Insurance Industry Custom & Practice
  • Insurance Coverages / Claims Handling
  • Insurance Bad Faith
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    Dr. Gary Albrecht, PhD
    1817 Georgia Ave.
    Winston-Salem NC 27104
    USA
    phone: 336-727-9435
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    Gary AlbrechtDr. Gary R. Albrecht has more than 25 years of experience specializing in Economic Forecasting and Forensic Economics. The Director of Econometric Modeling at the University of Kansas, his research has been published in the Journal of Forensic Economics, Journal of Legal Economics, Trial Briefs, and The Earnings Analyst.

    Dr. Albrecht was elected by his peers to be a Vice President and to serve on the Board of Directors of the National Association of Forensic Economists. He also serves as a referee for the Journal of Forensic Economics and the Journal of Legal Economics.

    Dr. Albrecht provides litigation support services to attorneys for both Plaintiff and Defense for cases concerning damages resulting from Wrongful Death, Personal Injury, and Breach of Contract. Qualified in numerous State and Federal venues, he has been deposed and or testified approximately 50 times in the last four years.

    Areas of Expertise:
    • Economic Damages
    • Expected Wage Loss
    • Business Valuation
    • Lost Profits
  • Discrimination Analysis
  • Equitable Distribution
  • Intellectual Property
  • Antitrust
  • Dr. Albrecht is a Member of the American Academy of Economic and Financial Experts, the American Economic Association, and the National Association of Forensic Economics.

    View Dr. Albrecht's Consulting Profile.
    6/18/2014 · Economics
    The first step in estimating the value of life is, generally, to estimate the tradeoff individuals are willing to make between the risk of death and compensation. In wage-risk studies the estimate of the trade-off takes the form of a slope coefficient on the risk of death variable from regression analysis. The estimated slope coefficient is then used to estimate the value of life. This paper addresses two separate but related issues that affect the calculated value of life. One issue is how the estimate of the slope coefficient may vary depending on the base amount of risk in the observations used for its estimate. This issue is addressed by determining the shape of the indifference curve between compensation and the risk of death. The other issue is the definition of the value of life. Two proofs are presented. One proof shows that the calculated value of life will vary according to the base amount of risk involved in the study. The other shows how the calculated value varies according to how the value of life is defined. An economist who uses the value of life studies should be aware of these influences.

    4/14/2014 · Economics
    The contention of this article is that the appropriate discount rate is one which counterbalances the uncertainties associated with projecting future losses. Such uncertainty is defined, herein, as risk. Parity in risk must be maintained between projected losses and the discount rate. A risk-free rate of interest is an appropriate discount rate only when applied to projected losses which are, themselves, risk-free. As elements of uncertainty, or speculation, enter into the projection of future losses, either those elements must be removed from the analysis or the discount rate must be increased commensurately to maintain parity in risk. To do otherwise would yield an award which overcompensates the plaintiff (p. 33).

    3/11/2014 · Economics
    In "The Valuation of a Closely Held Firm: Difference in Expert Opinion," (JFE, 1988) Carl M. Hubbard and Darryl G. Waldron present the results of a survey in which the respondents were asked to place a value on a non-publicly traded firm. The authors classified the responses into four categories: the net asset valuation (NA V) approach; the discounted cash flow (DCF) approach; the earnings multiple (EM) approach; and the capitalized earnings (CE) approach. As the title of their paper states, there were differences of opinion among the respondents.

    2/5/2014 · Economics
    This article is one in a series of articles in the Journal of Forensic Economics detailing the different and the common methods for assessing economic damages in the various states. In this article we discuss the legal framework by which economic damages are computed in personal injury (PI) and wrongful death (WD) cases in the state courts of North Carolina. Section II presents the legal framework for these torts; Section III discusses the calculation of damages in Wrongful Death torts, while Section IV deals with Personal Injury torts where they differ from Wrongful Death.

    1/6/2014 · Economics
    In litigation involving wrongful death, personal injury and breach of employment contracts, forecasting the wage rate is often a necessary step when calculating damages. Forecasted future changes in the wage rate are generally attributed to two components, forecasted changes in the productivity of labor and inflation.l The theoretical reason for making the wage rate a function of productivity and inflation stems from the neoclassical proposition that the wage rate is equal to the product of the marginal productivity of labor and the price of the output received by the manufacturer.

    11/27/2013 · Economics
    Federal and state legal systems rely upon the reasoning of judges and juries to ascertain what is just compensation for personal injury as result of a tort. There are no precise rules to follow in determining damages. Jurists consider the plaintiffs' own itemization of damage, but they also use their own reasoning and the guidance of the law and testimony of forensic economists. Likewise, each forensic economist uses his or her reasoning, legal parameters, and economic training in determining just compensation.

    In a recent article Havrilesky (1993) argues against applying the hedonic damages concept to wrongful death and injury cases. The purpose of this paper is to critique his arguments. An examination of each of the seven points shows that none are appropriate. This analysis follows the same order and is under the same headings as Havrilesky's analysis. The conclusion section is added to summarize the paper.

    10/2/2013 · Economics
    In litigation involving personal injury, wrongful death, job discrimination, and breach of employment contracts, questions concerning the estimates of future earnings and the choice of an appropriate discount rate arise. We address the question of whether, in order to estimate the growth of future earnings and then to discount future earnings, it is necessary to forecast the inflation rate.

    12/5/2013
    "Esteemed Experts.com member, Gary R. Albrecht is a Forensic Economist with over 25 years of experience specializing in Economic Forecasting and Damages. Principal at Albrecht Economics, Inc., he provides Expert Witness and Consulting services to attorneys, insurance companies, and other professionals. "
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    Alistair Hynd
    5 Old Bailey
    London EC4M 7AF
    GBR
    phone: 44-207-0028732
    fax: 44-207-0028895
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    Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling. Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers.

    Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:
  • Financial Adviser to the Government – structuring projects, evaluating bids, and negotiating detail
  • Financial Adviser to the Consortium – assembling the bid, refining and optimising it, and acting as interface with funding markets
  • Acting for the Banks and other Lenders - providing reassurance that the model on which they are lending is fit for purpose.
  • Other Services Include

  • Capital Markets: Reporting Accountants, Flotation e.g. advice on Financial Structuring, Accounting Systems and Policies, Share Option, Director / Employer Benefits, Audit and Taxation services
  • Due Diligence: Historic Performance, Cash Flows, Assets and Liabilities, Forecasts, Working Capital Requirements, Financial Systems and Controls, Taxation
  • Mergers and Acquisitions / Private Equity:Preparing / Maximise Value from Business Sales, Negotiate Terms and Raise Private Equity / Debt Finance to Support Management Buy Out or Buy In, Raising Private Equity / Debt Finance for Growth, Cash Out or Recapitalisation, etc.
  • Valuations: Shares, Businesses, Options and Warrants, Various Derivatives, Brands and other Intellectual Property, Film and Media Rights,Income Producing Assets
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    Patrick Kilbourne
    CPA/ABV, CMA, CGMA, CFE, CFF, MBA, MACC
    201 S. Main St.
    Ste. 450
    Salt Lake City UT 84111
    USA
    phone: 801-321-6335
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    Patrick Kilbourne, CPA/ABV, CMA, CGMA, CFE, CFF, MBA, MACC, is an expert in applying Finance, Accounting, and Economic Analysis to damage assessments, lost profits, and financial statement analyses.

    He earned a Master of Business Administration (MBA) degree from the University of Pennsylvania’s Wharton School of Business and a Master of Accountancy degree from Brigham Young University.

    Mr. Kilbourne is a Certified Public Accountant (CPA), a Certified Management Accountant (CMA), a Chartered Global Management Accountant (CGMA), and a Certified Fraud Examiner (CFE). He is also Certified in Financial Forensics (CFF) and Accredited in Business Valuation (ABV) by the American Institute of Certified Public Accountants (AICPA).

    Currently a Director at Berkeley Research Group (BRG), he spent 9 years at LECG as a Director. Prior to LECG he was the head of Arthur Andersen’s Strategy Finance & Economic Consulting practice in Salt Lake City, where he oversaw accounting, intellectual property, economic consulting, and forensic accounting services.

    Patrick Kilbourne provides litigation support service to attorneys for both Plaintiff and Defense. He has been retained as an expert in numerous matters and has testified as an expert in both federal and state venues.

    Areas of Expertise:
    • Damages Analysis
    • Finance and Valuation
    • Forensic Accounting and Investigations
    • Intellectual Property
    • Labor and Employment
    View Patrick Kilbourne's Consulting Profile.
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    Ben F. Tunnell III
    Chairman
    605 West Olympic Blvd.,Suite 820
    Los Angeles CA 90015
    USA
    phone: 866-256-9300
    fax: 213-532-3807
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    BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors.

    When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made us a leader among independent appraisers. We are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom.

    At BTI, our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

    Expert Profile: BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.

    Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in business valuations, real estate, and machinery and equipment appraisals.
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    Gary G. Capata, CPA
    Kerrie Merrifield, CPA, CFF
    28202 Cabot Road
    Suite 245
    Laguna Niguel CA 92677
    USA
    phone: 949-364-0334
    fax: 949-364-0362
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    Capata & Co. has been providing Forensic Accounting litigation support for over 25 years. Their expert auditing skills be used to provide an analysis of financial records in cases involving economic disputes, fraud, and theft investigation.

    Areas of Forensic Accounting Expertise:
    • Forensic Accounting and Investigations
    • Economic Damages
    • Business Valuation
  • Lost Profits Analysis
  • Fraud Investigation
  • Contract Non-Compliance
  • Gary Capata Forensic Accounting Expert PhotoGary G. Capata, CPA has over 35 years of experience as a Certified Public Accountant. He has substantial experience in Forensic Accounting and litigation support with qualifications as an expert witness in Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, Solano, and Fresno Counties.

    Mr. Capata utilizes unique and tested damage measurement methods to determine the extent of Financial Loss or Economic Damage. His expert auditing skills and investigations services have been called upon for matters involving financial disputes, fraud, and theft.

    Mr. Capata has been qualified to testify in Federal Court and U.S. Tax Court. He is available to present an opinion to support or oppose evidence submitted to the court. Mr. Capata's services are available to counsel representing both Plaintiff and Defense.

    Kerri Merrifield Forensic Accounting Expert PhotoKerrie Merrifield, CPA, CFF, is the Director of Litigation Support, Valuations, and Trust Administration at Capata & Co. She has over 25 years of public accounting experience with an emphasis in Forensic Accounting, litigation support, and CFO roles in various sized companies and industries.

    Ms. Merrifield has worked with various industries including entertainment, restaurant, and hotel. Her projects include, but are not limited to business valuations, economic damage analysis, income loss analysis, fraud investigations, business disputes, contract noncompliance, related damage analysis, writing business valuation reports, Rule 12 reports that are used in Federal courts, and testifying as an expert witness.

    View Capata & Co.'s Consulting Profile.
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    Chad Staller, JD, MBA, MAC, AVA
    President
    1608 Walnut Street
    Philadelphia PA 19103
    USA
    phone: 800-966-6099
    fax: 215-732-8158
    The Center for Forensic Economic Studies is a leading provider of economic and statistical analysis relating to litigation. Our staff includes economists, statisticians and valuation experts.

    We assist with discovery, critique opposing claims and produce clear, credible reports and expert testimony. Since 1980, attorneys and their clients have relied on our expertise in thousands of cases in jurisdictions across the country.

    Our areas of Concentration Include:
  • Personal Injury / Wrongful Death Economic Damages
  • Commercial Damages / Business Interruption Claims
  • Economic Damages in Employment Matters
  • Employment Discrimination - Statistical Analysis
  • Business Valuations / Appraisal
  • Contact us to discuss your case.
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    Danny Dukes, MBA, CPA, CFE
    Managing Partner
    101 Avalon Ct.
    Canton GA 30115
    USA
    phone: 770-406-1820
    fax: 404-393-9019
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    Danny DukeDanny F. Dukes and Associates, LLC is a Forensic Accounting Firm that specializes in expert witness and litigation support services. We have investigated fraud and various financial transactions. We are extremely knowledgeable in all aspects of laws pertaining to financial transactions and lending transactions.

    Our founder, Danny F. Dukes, has spent over 28 years in the financial institutions and mortgage industry. Danny understands all aspects of mortgage and financial institution transactions.

    As a consultant, he has assisted community banks with investment management, asset liability management, investment banking, compliance issues, internal audit, bank operations, bank policies and general accepted accounting principles. He has assisted in a capital raise for de-novo banks. He has also served as a lead on the selection of data processing solutions and transition teams for mergers and acquisitions.

    Areas of Expertise:
  • Bank Fraud & Embezzlement
  • Bank Operations & Practices
  • Cash Management
  • Check Processing / Check 21
  • Check Kiting
  • Deposit Accounts
  • Electronic Transactions / ACH, ATMs
  • Embezzlement
  • Loan Administration
  • Money Laundering
  • Payment Processing & Fraud Detection/Prevention
  • Royalty Audits
  • Damage Computation
  • Claims Analysis
  • Determination of Compliance
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    David Ostrove, CPA, JD
    Attorney-CPA
    499 N. Canon Drive
    Beverly Hills CA 90210
    USA
    phone: 323-939-3400
    fax: 323-939-3500
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    David Ostrove Estate Tax Law Expert PhotoDavid Ostrove, CPA, JD, Mr. Ostrove is a certified specialist in Taxation Law, certified by the California Board of Legal Specialization of the State Bar of California since 1975. He is also a California Certified Public Accountant since 1957 and a California Lawyer since 1960.

    Mr. Ostrove is a Professor of Law and Accounting at Southwestern University School of Law in Los Angeles. He is a Past President of the American Association of Attorneys-Certified Public Accountants and a Fellow of the American College of Forensic Examiners.

    Mr. Ostrove has authored numerous books on topics within his field of expertise including, "Advanced Corporate Tax Problems"; "Fiduciary Accounting For Estates And Trusts"; "Forensic Accounting" (2 Volumes); "California Community Property - What The CPA must Know"; "Analyzing Financial Statements After Enron - What The Lawyer Must Know"; and "Accounting and Auditing For Trusts & Estates (DVD)." He is a lecturer for the California CPA Foundation, California Continuing Education Of The Bar (CEB), and the Arizona CPA Society.

    David Ostrove has been providing litigation support for 35 years. He has testified in numerous cases in both State and Federal Courts. Mr. Ostrove has been employed by lawyers representing defendants and plaintiffs. He offers expert witness testimony in cases involving Legal and Accountant Malpractice, Business Valuations, Tax Accounting Issues, and Economic Damages. He carefully analyzes the facts, law, and accounting principles and presents supportable, timely, clear opinions.

    Mr. Ostrove has been given legal authority to act as a Special Master. His services are also available for Mediation and Arbitration.

    Areas of Expertise:
    • Breach of Fiduciary Duties
    • Trustee and Executor Negligence
    • Accounting Malpractice
    • Legal Malpractice
    • Probate and Trust Issues
    • Business Valuation
    • Economic Damages
    • Forensic Accounting Fraud
    • Analysis of Financial Statements
    • Lost Profits Calculation
  • Breach of Contract
  • Tax Matters - Gift, Estate, Income
  • Reasonable Value of Services
  • Tax Litigation Services
  • Bankruptcy
  • Bad Faith
  • Insurance - Professional Liability
  • IRS Matters
  • Auditor Negligence
  • Tax Preparer Negligence
  • View David Ostrove's Consulting Profile.
    David Ostrove
    The definitive Fiduciary Accounting Seminar. Designed for CPAs, attorneys, trust officers, estate administrators, attorneys who serve as trustees, executors, administrators, conservators and guardians. Interactive DVD
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    Laura Lemco
    Automotive, Motorcycle, Power Sport Dealership Appraiser
    National and International Services
    CO USA
    phone: 303-994-6919
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    Laura Lemco Motorcycle Dealership Expert PhotoLaura Lemco has more than 25 years of experience working for both Motorcycle Retail and Original Equipment Manufacturer (OE) Sectors, while growing up in her parents' motorcycle and automotive dealerships. She currently specializes in Automotive and Motorcycle Dealership Appraisals both nationally and internationally.

    After serving as the Vice-President of Business Development and Marketing at Lemco Management Group, Ms. Lemco eventually took over the consulting business, starting Motorcycle Industry Consulting Services, Inc. Recently, she established Dealership Valuation Services, LLC, to offer appraisal services to automotive and powersports dealerships.

    Ms. Lemco is a member of the American Society of Appraisers and the National Association of Certified Valuators and Analysts, which provide standards, education, resources, accreditation and self-regulation of appraisal practices. She has completed the Principles of Value courses for Business Valuation offered through the American Society of Appraisers, and regularly attends national and international valuation conferences to stay up-to-date with the latest methods and resources available.

    Litigation Support - Laura Lemco provides expert witness reports and testimonies on Auto, Motorcycle, RV, and Boat Valuations and Dealership Operations. She has been deposed by litigation attorneys and the IRS and has been interviewed by the FBI. Ms. Lemco is able to think clearly under pressure.

    Having experienced her own business litigation case, Laura understands the legal process and the importance of documentation, discovery and responses, and appreciates the amount of work involved in any legal case. She is able to meet deadlines, cope with stress, and communicate clearly with a diverse audience.

    View Laura Lemco's Consulting Profile.
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    Alexander Schuler
    Head of Valuation Services
    General-Guisan-Quai 38
    Zurich 8022
    Switzerland
    phone: +41 58 279 7635
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    Alexander Schuler, CPA, is a Financial Expert who specializes in Business Valuations of public and private companies and for Intangible Assets such as technologies / patents, IPR&D, brands, customer relationships, and contracts.

    Mr. Schuler has over ten years of relevant experience as an international corporate advisor. Having worked in Germany, the United States, and Switzerland, he has extensive experience with national and cross-border valuation engagements. Mr. Schuler's background also includes three years with a global engineering company in their global Mergers & Acquisitions / Transactions team. Currently the Head of Valuation Services at Deloitte AG, Mr. Schuler is responsible for the growth and development of the Swiss valuation practice in Zurich and Geneva.

    Litigation Support - Alexander Schuler provides litigation support services to counsels representing both Plaintiff and Defense. He has served as a qualified expert witness in national and international projects. Mr. Schuler focuses on Business and Intangible Asset Valuations in the context of:
    • Transactions
    • Dispute Resolutions
    • Damages Calculations
  • Lost Profits
  • Purchase & Tax Accounting
  • Restructuring
  • View Alexander Schuler's Consulting Profile.
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    David E. Nolte
    888 S. Figueroa Street, Suite 2000
    Los Angeles CA 90017
    USA
    phone: 213-787-4100
    fax: 213-891-1300
    Our analysis and research combined with unique presentation techniques have resulted in an unequaled track record in successful court cases and client recoveries. Our personnel are full time and fully focused on the services we provide. We thoughtfully incorporate technology into our work to provide great results at a more reasonable cost. Our expertise encompasses damages analysis, lost profit studies, business & intangible asset valuations, fraud investigations, statistics, forensic economic analysis royalty audits, strategic & market assessments, competitive surveys, personal injury and employment damages, and a wide range of other financial advisory services. We serve the entire nation.
    8/12/2015 · Accounting
    The US Court of Appeals for the Ninth Circuit has opened the door significantly wider for those who wish to pursue qui tam False Claims Act suits by reversing a dismissal of two such matters. Ruling en banc in United States ex rel. Hartpence v. Kinetic Concepts, Inc., the Ninth Circuit has removed a prior restriction that any prior public disclosure must have originated from the whistleblower as well.

    A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company ("Dole"). The defendants designated Stifel, Nicolaus & Company, Incorporated ("Stifel"), a corporation, to serve as their expert witness regarding the value of Dole.

    2/13/2015 · Patents
    Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.

    8/16/2014 · Accounting
    In a recent case involving the City of Pomona ("Pomona") v. SQM North America Corporation ("SQM"), Pomona alleged that SQM's importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city. Although the district court excluded under Daubert the expert testimony of Pomona's expert witness on causation, the Ninth Circuit reversed the ruling, stating that "facts casting doubt on the credibility of an expert witness and contested facts regarding the strength of a particular scientific method are questions reserved for the fact finder". The case was remanded for trial.

    7/16/2014 · Accounting
    In association with general cost cutting measures over recent years, many companies have pressured their vendors to reduce fees. This downward pressure has extended to the accounting firms hired to provide independent audit opinions, resulting in a significant drop in audit fees. According to Audit Analytics, audit fees in 2012 were $472 per $1 million of revenue, the lowest amount since 2004. The question is whether audit quality has been sacrificed in order to achieve these reductions.

    4/24/2014 · Damages
    The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.

    2/7/2014 · Surveys
    In the course of affirming the district court's decision in Kraft Foods Group Brands LLC v. Cracker Barrel Old Country Store, Inc., 2013 WL 6017396, Judge Posner went a step further. While upholding the injunction, he ended his assessment with some comments "for future reference" when it comes to consumer surveys offered to demonstrate consumer confusion in support of a trademark infringement claim:

    A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.

    9/19/2013 · Legal Issues
    The decision in United States vs. Windsor (No. 12-301, June 26, 2013) by the U.S. Supreme Court (SCOTUS) to strike down Section 3 of the Defense of Marriage Act (DOMA) creates important tax issues and opportunities. These include potential refunds for same-sex married couples and their employers for years not closed by the statute of limitations.

    7/10/2013 · Damages
    A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.

    6/18/2013 · Damages
    Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.

    5/21/2013 · Damages
    In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.

    Electronic data comprises a large portion of discovery and provides efficiencies in searching and manipulating the data for further analysis.

    3/11/2013 · Damages
    Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious.

    1/22/2013 · Damages
    In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.

    An extraordinary amount of time is incurred in discovery asking for records that may not even exist, or asking for records that do exist, but the other side declines to produce records that were not requested using just the right terms.

    8/27/2012 · Expert Witnessing
    The following suggestions result from my experience serving as a witness, watching hundreds of other expert witnesses, and locating witnesses when servings as a confidential consultant. They are intended to help attorneys avoid common mistakes in selecting an expert witness.

    Appraisal disciplines have a confusing array of credentials. This occurs because:

    Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.

    The IRS adopted a substantially revised Form 990 that calls for significantly expanded corporate governance disclosures.

    10/28/2005 · Expert Witnessing
    In many respects, the cross-examination of an expert witness is the same as for other witnesses. Some basics include: Be brief…Do not quarrel with the witness…Never ask a question to which you do not already know the answer…Avoid one question too many…and so on. However, there are some important differences

    7/20/2004 · Legal Issues
    If you want to improve your chances of success, commit these ideas to stone. Then follow them religiously.1. Keep it simple This is the greatest commandment, and the one most frequently violated. Too much information in a visual aid will confuse rather than clarify. Creativity does not mean complication. To achieve your goal, invoke the following guidelines

    Computers contain evidence useful in many human resource circumstances. Allegations of discrimination, sexual harassment, and unfair discharge are serious threats that are better understood by knowing what an employee did. Since computers are such a pervasive part of most employees' work lives, analysis of data stored on these computers helps address these issues

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    Michael D. Pakter CPA,CFF,CGMA,CFE,CVA,MAFF,CA,CIRA,CDBV
    205 West Wacker Drive,Suite 918
    Chicago IL 60606
    USA
    phone: 312-229-1720
    fax: 312-229-1725
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    Michael D. Pakter CPA, CFF, CGMA, CFE, CVA, MAFF, CA, CIRA, CDBV focuses on accounting, forensic accounting, financial analysis, financial forensics, economic damages, business valuation and investigations. He has experience in lost profits / earnings, business interruption claims, analysis of financial transactions and balances, Court-ordered accounting, bankruptcy, fraud examinations, investigations and the reconstruction of incomplete, misstated and/or falsified financial information.

    Litigation Support - Mr. Pakter provides consulting and litigation support services to trial lawyers, trustees, examiners, receivers, business owners and managers and units of federal, state and local government. Many engagements combine financial analysis, economic damages determination, valuation issues, tracing procedures and/or other applications of Financial Forensics to assist in resolving complex commercial litigation and business disputes.

    Experience - Mr. Pakter has more than 35 years of experience in accounting, financial analysis, financial forensics, business economics, fraud examinations and investigations in diverse engagements and numerous industries, including more than 15 years of experience in economic damages and business valuations. He has participated in public hearings and alternative dispute resolutions, submitted expert reports in several jurisdictions and testified in arbitrations, regulatory proceedings and State, Federal and Bankruptcy Courts.
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