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Business Reorganization Expert Witnesses

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Avinash Vashistha
Chairman / CEO
2/10, II Floor
RMV Extension, II Stage , 80 Feet Road
Bangalore 560094
IND
phone: 91-80-23519760
fax: 91-80-23519762
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Avinash Vashistha has dedicated his career to the unique requirements of the Global Outsourcing Market. His background and understanding of the practices surrounding Offshore Markets provides clients with a custom offshoring strategy, supplier / build mapping, favorable pricing, reduced risk, successful transition and sustainable performance contracts that address issues unique to offshore delivery.

Mr. Vashistha has evaluated and conducted due diligence on over 200 supplier firms, including companies in India, Russia, China, Philippines, Malaysia, C&E Europe, US, Canada, UK, Ireland and Vietnam. He has directed sourcing assessments, IT and BPO / KPO sourcing transactions and executed program governance models realizing $6 Billion in savings for clients. Avinash also developed significant expertise in the areas of R&D, Technology, Human Resources, Finance and Accounting, Analytics, Investment Research, claims processing and other domain specific voice and back office business processes. Mr. Vashistha has been a strong proponent of well-qualified, but lesser known tier-two suppliers in the competitive sourcing process.

Thought Leader: His opinions are sought and recognized by worldwide organizations and conference organizers such as IDC, NASSCOM, CITEM, C-Level, Private Equity Conference, the Indo-American Chamber of Commerce, CII, SBPOA and IAOP. Leading media conglomerates such as the Wall Street Journal, Financial Times, Time, The Straits Times, The Business Times, USA TODAY, CNN, CNBC, Forbes, Business Week, Bangkok Post, NDTV, Times Group, Business Standard and Cyber Media have featured Avinash extensively. He has been recognized by HRO Today as ‘HRO Superstar’ for 2006 and 2007 in the category of thought leaders and advisors on outsourcing. He has also been recognized as ‘FAO Superstar’ for 2007.
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J. Armand Musey
President
535 Fifth Avenue, 4th floor
New York NY 10017
USA
phone: 646-843-9850
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J. Armand Musey, CFA, JD/MBA, founder and president of Summit Ridge Group, LLC, provides expert witness testimony for the Satellite, Media and Telecommunications Industries. Mr. Musey is a highly regarded financial analyst with expertise in Asset Valuation, Business Valuation, Financial Analysis of Economic Damages and Financial Scenario Analysis. He also has significant experience in corporate governance and investment research practices. He offers litigation support for clients with complex financial analysis or valuation projects. His background includes Wall Street research methods and practices on behalf of defendants in insider trading cases.

Mr. Musey's industry knowledge, financial expertise and extensive writing experience allow him to expediently craft well-argued independent written direct testimony documents that withstand scrutiny in depositions and during courtroom cross-examination. Prior expert witness experience and years of communicating with investors of all types have honed his skills at orally communicating his industry knowledge and financial expertise. Moreover, Mr. Musey's legal background facilitates his ability to communicate with legal professionals, understand the legal relevance of case facts and efficiently read legal documents.

Areas of Expertise Include:
  • Industry and Business
    • Broadband Communications
    • Broadcasting
    • FCC Spectrum Licenses (including orbital slot valuation and wireless spectrum valuation)
    • Wireless Communications
    • Satellite Communications Industry and Related Media and Telecommunications Topics
  • Financial and Economic
    • Asset Valuation
    • Business Valuation
    • Financial Analysis of Economic Damages
    • Financial Scenario Analysis
  • Other
    • Corporate Governance
    • Investment Research Practices - including accepted used of information sources and relationships with company management
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Peter W. Leibundgut, Esq.
333 Stoney Brook Ln
Marlton NJ 08053
USA
phone: 8569128470
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Peter W. Leibundgut, Esq., has 30 years of transactional, public, and private commercial and real estate finance, legal and bank consulting experience. He currently provides a range of financial services to borrowers and domestic and foreign private and institutional investors in connection with structuring, placing, and conducting due diligence in Commercial and Real Estate Financing Transactions.

Mr. Leibundgut has decades of experience performing due diligence investigations, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

Litigation Support - Mr. Leibundgut serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. He has served as an expert, provided litigation support, rendered expert reports, and testified in cases involving several billion dollars over the last seven years. Three of his cases were nationally recognized and several were cases of first impression. Mr. Leibundgut has also represented the FDIC in forensic commercial loan review.

Areas of Expertise:
  • Ponzi Schemes
  • Lender Liability
  • Legal Malpractice
  • Whole Bank Acquisitions
  • Shared Loss Matters
  • Fraud and Gross Negligence
  • Niche Lending
  • Contract Expertise
  • Factoring
  • Securitizations
  • Bonds
  • Syndications
  • Healthcare
  • Commercial Real Estate
  • P3s
  • Transportation
  • Purchase Orders
  • Public and Private Offerings
  • Letters of Credit
  • Secured and Unsecured Transactions
  • Bank Policy and Procedure
  • Bankruptcy
  • Derivatives
  • Equipment Leasing
  • Microfinance
  • Aircraft and Vessel Finance
  • View Peter Leibundgut's Consulting Profile.
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    Doug Bania, CLP, Founding Principal
    Brian Buss, CFA, Founding Principal
    See Multiple Addresses Below
    CA USA
    phone: San Diego 858-255-4361 Los Angeles 310-975-3145
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    Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.

    Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury.

    Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.

    Litigation Expertise
    • Trademark Damages
    • Copyright Damages
    • Patent Damages
  • Publicity Rights Damages
  • Defamation Damages
  • Internet and Social Media Damages
  • Areas of Analyses Expertise
    • Lost Profits
    • Relief from Royalty
    • Reasonable Royalty
  • Unjust Enrichment
  • Relief from Pay Per Click
  • Corrective Advertising
  • Past Law Firm Clients
    • Akin Gump Strauss Hauer & Feld
    • Gordon & Rees
    • Higgs Fletcher & Mack
    • Latham & Watkins
    • Pillsbury Winthrop Shaw Pittman
  • Dorsey & Whitney
  • Greenberg Traurig
  • Husch Blackwell
  • McGuireWoods
  • Winston & Strawn
  • Doug Bania IP Expert PhotoDoug Bania, CLP, Founding Principal, has over a twelve years of expertise in managing, valuing and monetizing intellectual property and intangible assets. Mr. Bania has been a named expert in over thirty (30) cases, has been deposed seven (7) times and has testified at trial four (4) times. Mr. Bania was recently called upon to testify in the Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., case as the Plaintiffs’ and Counter-Defendants’ Copyright Apportionment Expert testifying in the area of Damages and Apportionment.

    Mr. Bania’s industry experience ranges from apparel to automotive and publishing to music. Prior to founding Nevium, Doug Bania managed 100s of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing.

    Brian Buss Economic Valuation Expert PhotoBrian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University.

    An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.

    San Diego Office
    415 Laurel Street, Suite 341
    San Diego, CA 92101
    Telephone: 858-255-4361
    Email: info@nevium.com
    Los Angeles Office
    9107 Wilshire Blvd., Suite 450
    Beverly Hills, CA 90210
    Telephone: 310-975-3145
    Email: info@nevium.com


    View Nevium's Consulting Profile.
    Based on our knowledge of and ability to analyze and value businesses, valuation professionals are uniquely positioned to provide valuable information to business owners and managers regarding the financial value of their brand assets. In other words, how a company's brand assets are contributing to the company's overall financial performance. This "Special Issue" of The Value Examiner is intended to kick-start the discussion on brand valuation by identifying the opportunities and challenges in completing brand valuation assignments for our clients.

    3/20/2017 · Damages
    Use of the Internet and social media has become an increasingly essential element of conducting business in the United States and globally, which in turn raises new issues for calculating damages and performing valuations. With almost every business now using the Internet and social media to conduct business, cases of Internet IP infringement, IP misuse, and defamation have increased and evolved. Before the rise of these new media, cases of infringement and defamation typically occurred in print or on television and were visually obvious.

    Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.

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    Michael B. McDonald, PhD
    Financial Economist
    76 English Lane
    Shelton CT 06484
    USA
    phone: 203-302-0367
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    Michael B. McDonald, PhD, is a professional Financial Economist with a PhD in finance, and a significant background working in finance. His consulting clients and professional work experience includes engagements for Fortune 500 companies, government regulators, and institutional investors.

    Litigation Support - Dr. McDonald is also a university professor of finance, a FINRA arbitrator, and a frequent expert witness in the field of Forensic Economics. He prides himself on being:
    • Adept at bringing dry material to life
    • Proficient with using sophisticated statistical analysis in securities and valuation matters to objectively and effectively make your point in court
    Dr. McDonald specializes in working on cases related to business disputes, economic loss, bankruptcies, spin-offs, and unfair business practices. He has done past consulting work in the following areas:
    • Accounting Fraud
    • Bank Analysis
    • Bankruptcy
    • Business Appraisal
    • Business Analysis
    • Business Economics
    • Business Litigation
    • Business Valuation
    • Corporate Finance
    • Corporate Governance
    • Damage Analysis
  • Damage Models
  • Economic Analysis
  • Economic Forecasting
  • Financial Forecasting
  • Financial Analysis and Assessments
  • Feasibility Studies
  • Municipal Bond Analysis
  • Municipal Distress
  • Risk Assessment
  • Securities Valuation / Litigation
  • Tax Planning
  • Author - Dr. McDonald writes a regular column on valuation in oil and gas markets for OilPrice.com. His writing is often syndicated to TIME Magazine, Yahoo Finance, Business Insider, Seeking Alpha and been cited in the Wall Street Journal, Marketwatch, Bloomberg, and dozens of other financial publications. Dr. McDonald has authored extensive research studies on investments, corporate debt, rates of return to investors under various scenarios, and valuation of tangible and intangible assets.

    Dr. McDonald has authored numerous studies on which he has received various awards from professional organizations like the Academy of Economics and Finance, and the Association of Business and Behavioral Finance.

    View Dr. McDonald's Consulting Profile.
    7/22/2016 · Finance
    In many bankruptcies the choice of how to proceed with a case turns critically on the level of debt the firm has and the sustainability of that debt. Effective negotiations with creditors or arguments in court require marshalling a cogent line of reasoning regarding the ability of a firm to handle the debt that it is carrying. This guide is intended to help attorneys understand the basic financial metrics that objectively determine whether a business can sustain its proposed debt load upon exiting bankruptcy.

    6/15/2016 · Finance
    Abstract: This paper investigates whether firms vary the debt side of their capital structure, based on changes in investor demand for bonds. Examining asset flows into various asset classes over the last 30 years reveals that companies respond to recent increases in demand for bonds from investors by altering their capital structure towards greater use of debt. Firms are more likely to issue debt as demand for bonds rises, and their use of debt increases (decreases) in periods when demand for bonds is high (low) compared to periods when demand is not significantly changed. Firms use more (less) debt when spreads between corporate yields and Treasury rates are low (high), consistent with efforts by managers to adjust their debt issuances based on relative debt costs. These results hold after controlling for seasonality, firm effects, and macroeconomic conditions. These findings suggest that investor demand for debt needs to be taken into account when examining the capital structure puzzle.

    5/6/2016 · Finance
    Let me tell you a sad story; Joe owned a marketing company and earned a prosperous living for several years. Joe's business was growing rapidly and all seemed right with the world. Then a trusted employee left Joe's firm, taking with him half of Joe's customers in violation of his non-compete agreement. Joe's business slowly suffered and lost customers until eventually his firm declared bankruptcy.

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    Christopher Linscott, CPA, CFE, CIRA and Eric Lee, CFE, CIRA
    3443 N Campbell Avenue, Suite 115, Tucson, AZ 85719
    8800 N Gainey Center Drive, Suite 278, Scottsdale, AZ 85258
    USA
    phone: 520-884-0176 or 480-374-6394
    fax: 520-884-8767
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    Keegan, Linscott & Kenon, PC (KLK) is a full service accounting firm with more than 20 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.

    KLK's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact finding, discovery, settlement negotiations, trial support, and expert witness testimony.

    The professionals at KLK have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.

    Litigation Support Services:
    • Analyze damages involving commercial litigation and damages involving individuals, including lost profit analysis, owner disputes, employee/employer disputes, personal injury, and business interruption claims
    • Evaluate opposing party's financial damages report to uncover any hidden facts or missing information in a business damages case
    • Divorce litigation, including analysis of sole and separate property issues
    • Locate hidden assets
    • Analyze preference claims, inter-company transfers of assets, and fraudulent conveyances
    Christopher Linscott Forensic Accounting Expert PhotoChristopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan, Linscott & Kenon, PC, and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services. Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now Price­water­houseCoopers), and Peat Marwick (now KPMG). He has more than 25 years of ex­perience in public accounting.

    Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.

    Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.

    Eric Lee Forensic Accounting Expert PhotoEric A. Lee, CFE, CIRA, is a Principal and Phoenix Practice Leader in the Consulting Services group of KLK. A Certified Fraud Examiners, he serves in testifying expert and consulting expert roles in litigation, forensic accounting, fraud and investigation services, and criminal matters both in the United States and internationally.

    Mr. Lee has extensive experience conducting complex financial analysis and forensics related to multi-million dollar fraud schemes, analysis of complex financial accounts and transactions, fraudulent transfers and conveyances, analysis of securities transactions, international investigations, and loss and damages calculations.

    Prior to his career in consulting services, Mr. Lee spent more than seven years as a Special Agent with the Federal government. During his tenure as a Special Agent, he investigated criminal and civil violations relating to fraud, money laundering, theft and embezzlement, public corruption, and tax evasion.

    Mr. Lee has prepared expert reports, affidavits and disclosures, and testified/presented as an expert in Federal, State, and Tribal jurisdictions.

    View Keegan, Linscott, & Kenon's Consulting Profile.
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    Jay Shapiro
    Founder
    2934 1/2 Beverly Glen Circle
    Ste. 507
    Los Angeles CA 90077
    USA
    phone: 310-441-3600
    fax: 310-441-3610
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    Jay Shapiro, CPA, is a Certified Public Accountant specializing in serving the Entertainment and Media Industry on an international basis. An industry veteran with over two decades of experience, he is an exemplary entertainment executive, whose financial acumen has long been lauded among his peers.

    Mr. Shapiro, who honed his skills during the last 35 years at some of the most prominent entertainment companies in the world, is set to expand operations in the acquisition, production and worldwide distribution of filmed entertainment. He has had personal film production experience with such feature films "Batman", "Coming to America", "Animal House", "The Omen" and "Lonesome Dove" among others, and television programs, including "Dallas" and "Knots Landing". He is an active member of the Academy of Television Arts and Sciences.

    Mr. Shapiro's experience includes over 1,200 engagements involving forensic audits, accounting income taxation, management consulting, and financial advisory services for a diverse group of clients. His significant accomplishments include expert testimony for an international defense contractor, major Hollywood business litigation, public offerings for NASDAQ and AMEX companies, and financial advisor in several workout situations and mergers of companies up to $500 million in revenue.

    Litigation Support - Mr. Shapiro provides extensive forensic investigation and litigation support services to the entertainment industry. He handles all aspects of “Hollywood Accounting.” Having worked in the legal industry for 35 years, Mr. Shapiro has been retained as a damage expert over 75 times and has testified in court over 25 times. Mr. Shapiro's services include consulting, investigation, written formal reports, dispute resolution, depositions, and expert opinion.

    Areas of Professional Expertise:
    • Contractual Disputes
    • Fraud
    • Bankruptcy / Insolvency
    • Participations
    • Royalties
  • Economic Damages
  • Personal Injury/ Lost Earnings Capacity
  • Real Estate Issues
  • Retail Disputes
  • Professional Service Firm Matters
  • View SMG's Consulting Profile.
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    Nancy D. Terrill, CTP
    All States USA
    phone: 440-477-4781
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    Nancy D. Terrill, CTP is a former Banking Executive with over twenty-five years of progressive Lending and Management responsibility with a regional bank and a money center bank. Ms. Terrill spent 15 of her 25 year banking career in the Special Assets Division working on resolution of the problem loan portfolio. During that time, she was involved in numerous litigation matters including foreclosure and other collection litigation, bank fraud matters and lender liability cases. She progressed to the level of National Manager of the Special Assets Division of KeyBank NA where she had management responsibility over 130 employees serving a loan portfolio of $3 billion at the peak.

    Ms. Terrill has been retained as an expert witness and consultant in litigation matters throughout the United States. She has represented banks and debtors, Plaintiffs and Defendants.

    Areas of Expertise:
    • Banking Standards Policies and Procedures, Problem Loan Workout
    • Bank Management Policies and Procedures
    Testimony Topics:
    • Loan Transactions, Corporate Lending
    • Fraud
    • Bank Ethics Violations
    • Fiduciary Issues
    • Loan Officer Conduct, Responsibilities
  • Bank Responsibilities
  • Agent / Participant Loan Obligations
  • Deepening Insolvency and Timeline Issues
  • Bank Client Privacy
  • Agent / Participant Responsibilities, Obligations
  • View Nancy Terrill's Consulting Profile.
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    Robert Bates, CPA, CFE, CVA
    CFO
    1819 Polk St. , #314
    San Francisco CA 94109
    USA
    phone: 508-331-8815
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    Robert Bates, CPA, CFE, CVA, has over 25 years of Financial Management and Accounting experience as a Controller and CFO in various industries. He has been in several industries, including telecom, media, retail and financial services in addition to having consulting experience at startups in the software, technology, and life sciences fields.

    Mr. Bates specializes in International Accounting, Software Issues, and Obtaining Financing. The CFO of a public company, he has completed due diligence accounting/reporting for 12 acquisitions, including performing Business Valuations and dealing with FAS 142 issues. Mr. Bates has handled accounting for complex debt instruments including warrants, beneficial conversion feature, and other derivative issues. He has also been responsible for SEC reporting: 10Q’s and 10K’s.

    Litigation Support - Robert Bates has worked with dozens of lawyers on over 50 cases in various states. Sometimes he provides financial support for a client in litigation, or pre-litigation, and other times he provides a report, such as a damages calculation, which can be used in litigation. He also has experience providing testimony in depositions and trials.

    Legal Services:
    • Unbiased Case Analysis
    • Discovery Review & Recommendations
    • High-Impact Demonstrative Exhibits
    • Strategy and Tactics Conferences
    • Damage Calculations
    • Cash Flow Analysis Reports
    • Profit and Loss Analysis
    View Robert Bates' Consulting Profile.
    8/31/2017 · Accounting
    Economic downturns and recessions are notorious for encouraging fraud. As new and prospective fraud examiners, it's imperative that you become aware of the various fraud risks that can occur and the red flags that indicate a fraud in progress.

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    Beat Schlumpf
    MILT, FCILT
    Hagartenstrasse 25
    Biberist CH-4562
    CHE
    phone: 0041415006885
    fax: 0041415006886
    Beat K. Schlumpf is an Expert in European Supply Chain Management, Networks and Logistics. He has over 30 years of experience in supply chain execution. Mr. Schlumpf has extensive knowledge in a broad range of management assignments with a focus on facilities design, worldwide distribution network design, expansion and consolidation and warehousing for textile, machinery, postal services (mail, parcel, express) and transportation industries.

    He has acted as an Expert at the UNCTAD and was featured speaker on practices and operation used by global freight logistics firms for the World Trade Organization (WTO) and lecturer for distribution logistics.

    Mr. Schlumpf has published articles on outsourcing, one stop shopping and co-operation with forwarders and integrators and new inventing Operations Audit to increase efficency.
    Beat Schlumpf, MILT
    Reference book with more than 1500 abbreviations.
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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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    James E. Fitzgerald
    Executive Managing Director
    1601 Elm Street
    Floor 33
    Dallas Texas (TX) 75201
    USA
    phone: 9728001524
    Dauntless-Hospitality-Advisors-Logo.JPG
    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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    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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    Dr. Terry R Smith, PhD
    President & CEO
    W10726 Woodland Rd.
    Bruce WI 54819
    USA
    phone: 608-335-0709
    fax: 206-202-6468
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    Terry R. Smith, PhD, is an industry leader in the area of Dairy Farm Systems Management, Analysis, and Performance Benchmarking. He is a former Professor of Dairy Science and Director of the University of Wisconsin Center for Dairy Profitability.

    Dr. Smith is a highly regarded Dairy Systems Specialist, consultant, educator and researcher with extensive experience working with the dairy industry domestically and internationally. He specializes in the development and extension of analytical and decision-making strategies for improving dairy herd and farm management systems, including economic analysis of dairy production and management sub-systems, and new dairy technologies and improvement of dairy farm management information and decision support systems. He has participated in Dairy Development Projects in 25 U.S. States and Algeria, Argentina, Australia, Brazil, Bolivia, Canada, Costa Rica, Egypt, Japan, Mexico, Morocco, Netherlands, New Zealand, Nigeria, China, Russia, Serbia, Tunisia, Turkey, United Arab Emirates, and Uruguay.

    Litigation Support - Dr. Smith has provided economic and damage analyses to a broad range of plaintiffs and defendants across agricultural enterprises, with a focus on the dairy sector. He has non-litigation and litigation-related clients in more than 20 states in the US and also in a number of foreign countries.

    Areas of Expertise:
    • Dairy Farm Systems Management
    • Dairy Performance Benchmarking
    • Dairy Farming
    • Dairy Business Analysis
    • Dairy Financial Analysis
    • Economic Damages Analysis
  • Dairy Farm Bankruptcy
  • Chapter 11 Reorganization
  • International Agriculture
  • Dairy Debt and Equity Financing
  • Agricultural Economics
  • Statistical Analysis
  • View Dr. Terry Smith's Consulting Profile.
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