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Business Appraisal & Valuation Expert Witnesses

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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.

    View Consulting Profile.
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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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    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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    Peter J. Bondy, FSA, MAAA
    37224 Corvette Dr.
    Prairieville LA 70769
    USA
    phone: 225-323-5904
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    Peter J. Bondy FSA, MAAA, has more than 45 years of experience as an Actuary and a Financial Services Professional. He has served as a corporate executive, as a corporate director, and as a consultant domestically and internationally.

    Mr. Bondy has extensive experience with insurance company and reinsurer matters and practices ranging from basic business practices to matters involving financial projections and valuations as well as sales practices. He has served on corporate boards and brings a broad understanding of the issues involved. A published author, Mr. Bondy has delivered lectures and spoken frequently around the country. He is fluent in English and Spanish, his first language.

    Litigation Support - Having had experience with many complex projects throughout his career, Mr. Bondy is able to serve as an expert consultant or as an expert witness for complex matters and issues regarding annuities, insurance, reinsurance, emerging mortality, experience issues, and corporate matters. He provides a broad range of litigation support services to attorneys representing both plaintiff and defendant.

    Areas of Expertise
    • Actuary / Actuarial
    • Reinsurance
    • Economic Loss
    • Joint Marital Property
    • Valuation of Streams of Contingent Future Payments
    • Usufruct Arrangements
    • Private Annuities
    • Insurance : Life / Health / Annuities / Disability
    • Life Settlements / Structured Settlement Annuities
    • Appraisal and Performance Evaluation of: Life Insurance / Life Settlement Transactions / Annuity Benefits / Retirement Benefits
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    Bryan L. Parker, CPA/PFS, CFP, CLU, ChFC, CASL, FCPA
    Principal
    2501 Meadowview Ln., #201
    Pelham AL 35124
    USA
    phone: 205-664-1212 or 205-422-0448 (Cell)
    fax: 205-664-1255
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    Bryan Parker Forensic Accounting Expert PhotoBryan L. Parker, CPA/PFS, CFP, CLU, ChFC, CASL, FCPA, is a Certified Forensic Accountant with over 30 years of experience in his field.

    Background - Prior to founding Bryan L. Parker, CPA, LLC, Mr. Parker held the position of CFO at McPherson Oil Company ($300 million + annual revenues) where he was responsible for advising and negotiating banking relationships, acquisition review, acquisition integration, financial reporting, and interaction with external auditors. His experience also includes serving as VP of Mergers & Acquisitions for Citation Corporation (Public Co.) and CFO of TIC United Corp., Dallas, TX ($300 million + revenues).

    Mr. Parker has performed business valuations for more than 100 businesses in a variety of industries including manufacturing, trucking, printing, fuel oil distribution, motor/lubricating oil distribution, professional services, restaurants, fast food franchises, metal foundry, metal forge, machining, and plastic injection molding.

    Litigation Support - Mr. Parker provides expert witness services to attorneys representing both plaintiff and defendant. He offers Forensic Accounting services, written reports, deposition, and trial testimony as needed.

    Areas of Expertise:
    • Forensic Accounting
    • Money Tracing
    • Business Valuations
  • Divorce Settlements
  • Business Damage Analysis
  • Earning Capacity
  • View Bryan Parker'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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    James E. Fitzgerald
    Executive Managing Director
    1601 Elm Street
    Floor 33
    Dallas Texas (TX) 75201
    USA
    phone: 9728001524
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    James Fitzgerald Hospitality Expert PhotoJames E. Fitzgerald has over 35 years of global experience creating value in the Real Estate and Hospitality Sectors.

    Mr. Fitzgerald is a highly skilled negotiator with deep expertise in consulting, finance, due diligence, loan origination, asset management, acquisitions, divestitures and workouts. He is a professional with an expansive network of relationships throughout the private equity, investment banking, real estate, legal, and hospitality communities.

    From 2006 to 2016, Mr. Fitzgerald served as Managing Director of Hotel Investments for Principal Global Investors. In this role, he created and executed a hotel investment program for Principal Real Estate Investors of over $4 billion. Mr. Fitzgerald led Principal’s efforts as JV partner on 1002 room JW Marriott Resort in San Antonio- $500 million project and exceeded budget for seven consecutive years. Over the course of his career, he has:
    • Advised on over $10 billion of hospitality transactions
    • Originated billions in hotel mortgage debt: CMBS, whole, and mezzanine Loans
    • Founded and successfully grew a national investment and advisory practice
    • Provided advisory and due diligence services to private equity firms and major hospitality corporations and hotel owners
    Litigation Support - James Fitzgerald and his team at Dauntless Hospitality Advisors provide attorneys with sound knowledge as they represent owners, lenders, managers, and brands. Services could address:
    • Bankruptcy / Workouts
    • Operational Matters
    • Owner / Operator Relationships
    • Management and Franchise Agreement Issues
  • Asset Management
  • Market Analysis
  • Valuation
  • Capital Structure
  • View James Fitzgerald's Consulting Profile.
    As an operating business without the benefit of long term leases, hotels can be volatile. With a perishable inventory of rooms to be sold each night, sophisticated marketing tactics are critical. In good times, it is easy to make money; however, as the economy slows, and new supply enters the market, cash flows lessen, and tensions rise. This is particularly true for overleveraged hotels.

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    David Ostrove, JD, CPA (Inactive)
    Attorney, CPA (Inactive)
    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, JD, CPA (Inactive), 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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    Donald M. May, PhD, (Financial Economics), CPA
    Managing Partner
    4 Lynwood Ct.
    Cortlandt Manor NY 10567
    USA
    phone: 212-390-0595
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    Donald May Business Damages Expert PhotoDonald M. May PhD, CPA, Managing Partner at DMA Economics, LLC, possesses over 30 years of Valuation and Economic Damages experience. He implements a broad range of damage analyses and valuations for clients, including billion-dollar investment funds under SEC investigation as well multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.

    Background Experience - Prior to founding DMA Economics LLC, Dr. May was Managing Director at Berkley Research Group and the Principal in charge of valuation and litigation support services for a regional accounting firm, a Managing Director for PricewaterhouseCoopers, and a professor at the Massachusetts Institute of Technology - Sloan School of Management. He has performed over 200 valuations of closely held businesses across numerous industries for financial reporting and estate planning.

    Dr. May has been published in several distinguished academic and practitioner journals such as The Journal of Finance, The Quarterly Review of Economics and Finance, Hedge Fund Law Review, and is currently an editorial board member of The Journal of Business Valuation and Economic Loss Analysis.

    Litigation Support - Dr. May is a world class expert in the Valuation of Damages. Dr. May has prepared expert reports and testified in federal and state courts as well as AAA, JAMS, and FINRA arbitration hearings, and has also effectively communicated as an expert witness testifier and consultant in several multi-million dollar cases.

    Recent Litigation Matters:
    • Misrepresentations in Leveraged Buyout (“LBO”) Financing Practices
    • Theft of Trade Secrets, Trade Dress, and Intellectual Property
    • Food Product Mislabeling
    • Securities Fraud Under SEC Section 10b-5 and Section 11
    • Accounting Misstatements in Public and Private Company Acquisitions
    • Lost Profits and Lost Enterprise Value Associated with Product Defects and Breach of Contract
    View DMA Economics' Consulting Profile.
    1/19/2018 · Economics
    Benchmarks are the basis for damages. But when the assumptions behind the benchmarks fail to stand up to Daubert scrutiny, expert testimony may be excluded.

    12/14/2017 · Economics
    This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.

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    Kelly Hickel
    Co-Founder and Main Contact
    950 3rd. Avenue
    17th Floor
    New York NY 10022
    USA
    phone: 212-486-3600
    fax: 303-484-5374
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    Expert Witness Consulting Services, LLC (EWCS) provides a range of services to law firms, litigation trustees and others engaged in expert witness and related activities. We provide up-front assessment of cases, drafting assistance in writing the economic core of complaints; other consulting expert work; and testifying expert witness reports and testimony.

    As an affiliate of Gordian Group (one of the leading national restructuring investment banking firms), EWCS can tap Gordian's vast experience in litigation assignments, particularly relating to matters involving solvency, valuation, fairness and Board of Directors responsibilities.

    In addition, EWCS has built a nationwide cadre of other independent experts so that we can assist law firms and mediators in finding the right expert for each case.EWCS connects vetted and specialized expert witness professionals to law firms across the nation. With its incremental, litigation-experienced professional resources and national recognition within the legal community, EWCS’ mission is to work diligently with client law firms and mediators to provide exceptional work product in an efficient manner, starting with finding the right expert for each case.

    As Experts and Consultants, the professionals at EWCS are able to provide clients and Boards of Directors with advice and guidance in structuring transactions appropriately, and in delivering financial opinions in connection with the same. They can reconstruct financial data through forensic analysis in order to explain how financial markets or decision makers may have made decisions.

    When it comes to evaluating the performance of boards, management teams, and financial institutions, the experts at EWCS are well-positioned to have a credible point of view, given their experience in cleaning up the aftermath of corporate disasters and fraud up close.

    The EWCS professionals have substantial experience in most industries, including but not limited to aerospace and defense; consumer goods; electronic technology; finance and insurance; food and beverages; heavy industry and manufacturing; life sciences; metals & mining; oil & gas and energy; real estate and hospitality; and retail and apparel. Their experts have done transactions within these segments, and use their “real world” experience in approaching projects.

    Areas of Expertise:
    • Financial Services
    • Economics
    • Restructuring
    • Bankruptcy
    • International Business (particularly in Asia)
    • Fiduciary Duties
    • Private Placements
    • Damages
  • Equity Compensation
  • Market Assessments
  • Business Valuations
  • Manufacturing
  • Pharmaceuticals
  • Technology
  • Intellectual Property / Patents
  • Real Estate Market Feasibility
  • Kelly Hickel Financial Restructuring Expert PhotoKelly T. Hickel, Co-founder at EWCS, is a Financial and Business Advisor who has served as a senior executive for over 30 years. Mr. Hickel has many years of experience in the technology industry and with turnarounds of troubled companies. Throughout his career, he has arranged numerous private and public company financings and financial restructurings and has raised and/or returned over a $1 billion to investors and lenders.

    Mr. Hickel served as Turn-around President to Miniscribe Corp., a troubled Fortune 500, $600 million annual revenue disk drive manufacturer, and President of the Maxwell Technology Information Systems Group from 1993 until 1997, during which, Maxwell was the 9th best performing stock on NASDAQ and the #1 performing stock in California in 1996.

    As Chairman and Chief Restructuring Office of The Tyree Company in Farmingdale, New York, Mr. Hickel was responsible for running the largest oil downstream services company in the northeast. With all of his experience, he then founded and managed emerging Pharmaceutical companies, taking a product through FDA approval for a supplement through distribution in over 2000 retail pharmacy outlets.

    Jim Timmins Business Valuation Expert PhotoJim Timmins, ASA BV/IA, MAFF, CEP, is the Managing Director and heads the valuation, litigation, and advisory services practices at Teknos. He has worked in Silicon Valley for more than 35 years, as a Valuation expert, a Venture Capitalist, and an Investment Banker.

    Mr. Timmins has overseen 1,000s of valuations, fairness opinions, and solvency opinions in connection with financial reporting, tax compliance, merger and acquisition transactions, financings, spin-offs, and recapitalizations, and litigation. He has also participated in numerous merger and acquisition transactions, private placements, and public offerings during his career.

    Prior to forming Teknos, Mr. Timmins was a Managing Director at Pagemill Partners, where he created and managed the valuation practice. Before that he was the Managing Director of the Silicon Valley office of NIF Ventures (the venture capital arm of Daiwa Securities SMBC of Japan), and a General Partner of Glenwood Ventures and Glenwood Capital. Earlier in his career, he held positions in investment banking at Hambrecht & Quist and Salomon Brothers.

    Mr. Timmins has served as an expert witness for more than 60 cases involving valuation, fiduciary duty, and venture capital practice. He has been retained as an expert by both plaintiffs and defendants.

    Paul Black Real Estate Expert PhotoPaul S. Black, President of Paul S. Black & Assoc., Inc. has more than 35 years of experience as a Real Estate Market Feasibility Analyst, including multiple types of residential, office, retail, industrial and mixed-use properties.

    Mr. Black has been employed by local and international accounting firms in their real estate consulting groups as well as local and regional consulting companies.

    For 20 years, Mr. Black has served as a lecturer/adjunct professor teaching Real Estate Principles and Practices as well as Real Estate Market Analysis at the graduate (MBA) and undergraduate levels.

    Areas of Expertise: Economic Damages, Construction Defects / Delay Damages, Lost Revenue / Profits, Unjust Enrichment, Due Diligence, Commission Disputes, Procuring Cause, Real Estate Brokerage, Broker/Realtor Standard of Care, Code of Ethics – National Association of Realtors (NAR), Real Estate Disputes, Fraud / Misrepresentation, Insurance Defense, Eminent Domain, Market Feasibility / Evaluation.
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    Kelly Hickel
    Co-Founder and Main Contact
    950 3rd. Avenue
    17th Floor
    New York NY 10022
    USA
    phone: 212-486-3600
    fax: 303-484-5374
    Expert-Witness-Consulting-Services-Logo.jpg
    Expert Witness Consulting Services, LLC (EWCS) provides a range of services to law firms, litigation trustees and others engaged in expert witness and related activities. We provide up-front assessment of cases, drafting assistance in writing the economic core of complaints; other consulting expert work; and testifying expert witness reports and testimony.

    As an affiliate of Gordian Group (one of the leading national restructuring investment banking firms), EWCS can tap Gordian's vast experience in litigation assignments, particularly relating to matters involving solvency, valuation, fairness and Board of Directors responsibilities. In addition, EWCS has built a nationwide cadre of other independent experts so that we can assist law firms and mediators in finding the right expert for each case.

    The EWCS professionals have substantial experience in most industries, including but not limited to aerospace and defense; consumer goods; electronic technology; finance and insurance; food and beverages; heavy industry and manufacturing; life sciences; metals & mining; oil & gas and energy; real estate and hospitality; and retail and apparel. Their experts have done transactions within these segments, and use their “real world” experience in approaching projects.

    Areas of Expertise:
    • Financial Services
    • Economics
    • Restructuring
    • Bankruptcy
    • International Business (particularly in Asia)
    • Fiduciary Duties
    • Private Placements
    • Damages
  • Equity Compensation
  • Market Assessments
  • Business Valuations
  • Manufacturing
  • Pharmaceuticals
  • Technology
  • Intellectual Property / Patents
  • Other Intangible Assets
  • Henry Owsley Financing Expert PhotoHenry F. Owsley, Co-founder at EWCS, has extensive experience in a variety of Financing, Restructuring, Advisory, and Merger Transactions. He earned a Master of Science Degree from MIT’s Sloan School of Management in 1979.

    Mr. Owsley co-founded Goldman Sachs’ Technology Group and founded and ran Goldman Sachs' Workout Group. He is the co-author of Distressed Investment Banking: To the Abyss and Back – 2nd Edition, (Beard Books, 2015), Equity Holders Under Siege: Strategies and Tactics for Distressed Businesses (Beard Books, 2014).

    Mr. Owsley's selected significant engagements include American Airlines, Antioch, Ben & Jerry’s Homemade, Cogent/3M, Heilig-Meyers, Integrated Electronic Services, LTV Steel, MiniScribe, Mississippi Chemical Corporation, Montreal, Maine & Atlantic Railroad, Morrison Knudsen, LTV, Ogden Corporation, Olympia & York, Osyka Petroleum, Phar-Mor, Solutia, Spansion, Stereotaxis, Summit Global Logistics, ThermaCELL, Tracor United Rentals and Zale/Gordon’s Jewelers.

    Peter Kaufman Investment Banking Expert PhotoPeter S. Kaufman, Partner at EWCS, joined Gordian Group in 1990 and is Gordian’s President and Head of Restructuring and Distressed M&A. He has extensive experience in a variety of Financing, Restructuring, Advisory, Merger Transactions, and Private Equity advisory services. Mr. Kaufman earned a JD from the University of Virginia School of Law in 1978.

    A Founding Co-Chair of American Bankruptcy Institute’s ("ABI") Committee on Investment Banking, Corporate Finance and M&A, Mr. Kaufman is frequently asked to speak and comment on national television programs, including CNBC and CNN, on matters relating to insolvency and corporate reorganization, and on national panels such as National Conference of Bankruptcy Judges; Turnaround and Management conferences; ABI conferences, on topics such as financial restructurings, complex or distressed M&A, valuation issues and fiduciary obligations of directors in insolvent situations.

    Mr. Kaufman is consistently ranked as one of the ten leading investment bankers involved in bankruptcies and financial restructurings by The Deal and has been ranked #1. In November 2015, Mr. Kaufman was inducted into the M&A Advisor Hall of Fame at the 14th Annual M&A Advisor Awards Gala in New York City.

    David Herman Financial Restructuring Expert PhotoDavid L. Herman, Partner at Gordian Group, joined the firm in 2000, has been recognized as one of the top 10 leading Investment Bankers in Financial Restructurings by The Deal.

    Mr. Herman has led many advisory and restructuring engagements as well as numerous litigation support and expert witness assignments. Key engagements have included Enron, Integrated Electrical Services, Laclede Steel, LTV Steel, Mississippi Chemical Corporation, Parmalat, RAB Food Group, Solutia, Spansion, Summit Global Logistics, United Rentals, and WestPoint International.
    Henry F. Owsley, et al
    This classic book is an authoritative source about the restructuring of troubled companies. It provides an insider's view on the methods and complexities of this highly specialized area of investment banking. Owsley and Kaufman are widely acknowledged leaders in this field and are the senior partners at Gordian Group, a top-tier boutique investment banking firm headquartered in New York. Gordian Group advises mid-sized companies in financial distress. They provide unconflicted advice to boards of directors interested in recoveries of shareholders.
    Henry F. Owsley, et al
    A must-read for all constituencies of distressed companies -- owners, creditors, buyers and professionals. Owsley and Kaufman apply principles of asymmetric warfare to the "zero sum" game of restructurings. With a sophisticated approach and tongue-in-cheek humor, Equity Holders Under Siege gives readers an unvarnished behind-the-scenes look into the real world rough and tumble of negotiating on behalf of "under water" owners.
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    David E. Nolte
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    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.
    11/8/2017 · Economics
    Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs. The chosen rate can make a meaningful difference in the economic damages conclusion. A recent article, "Lost Compensation Settlement Tool Allows You To Assess Economic Damages Accurately And Efficiently, Under Various Scenarios", demonstrates the significance of the applied rate on damages.

    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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