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Business Reorganization 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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    J. Michael Feeks
    Principal
    See Locations Below
    MA, NJ USA
    phone: 978-887-3960
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    Offices:
    150 Allen Road, Suite 100
    Liberty Corner, NJ 07938
    8 Kate's Lane
    Boxford, MA 01921

    Profile: J. Michael Feeks, one of the founders of Bank Experts Group, provides litigation support and expert witness services to law firms in banking-related matters. He has handled approximately 70 cases as an expert and has provided court-room and/or deposition testimony in more than 15 of these matters.

    Expertise: Mr. Feeks has served as an expert in cases involving:
    • Commercial and Real Estate Lending
    • Loan Approval, Workout and Administration
    • Business and Consumer Banking Operations
    • Management Policies, Practices and Procedures
    • Regulatory Compliance
    • Bankruptcies and Frauds
    Law Firms Served, include: Bailey Kennedy, Cahill Gordon & Reindel, Elliott Reihner Siedzikowski & Egan, Hoagland Longo Moran Dunst & Doukas, Margolis Edelstein, McCarter & English, Scarinci & Hollenbeck, Schenck Price Smith & King, Shearman & Sterling, Shipman & Wright, Windels Marx Lane & Mittendorf.

    Background: 35+ years banking experience. Served major bank in business lending, branch operations and management. Served community banks as president, director and other senior positions. MBA – New York University. Graduate – Manhattan College and Stonier Graduate School of Banking.

    Bank Experts Group is a consulting firm that provides litigation support in banking-related matters and specialized assistance to banks and other financial institutions. The principals are experienced former bankers, regulators and educators with extensive experience in bank management.

    View Consulting Profile.

    Bank
    7/26/2006 · Banking
    How do some community banks manage to go from near-failure to above-average ROAs and ROEs in a matter of a several years? How do mediocre performers achieve top-tier financial performance in similar timeframes? Generally speaking, there are at least 10 success factors underlying most turnarounds of operations and earnings

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    Dr. Karina Sneiderova, MBA, ICFA, ASI
    Vice President
    Headquarters
    Rue General Dufour 22
    Geneva CH-1211
    CHE
    phone: 41-225-752-948
    fax: 41-225-948-025
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    Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management.

    Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection. CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements.

    Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy.

    Services Offered:

    Business and Strategic Consulting
  • S.W.O.T. Analysis
  • Pre-investment Feasibility Studies / Competitive Background Assessments
  • Business Plan Research, Writing and Production
  • Strategy Definition / Implementation
  • Reworking of Operating Processes for International Suitability
  • Industrial Partnership Scouting / Matching
  • Tailor Business Model to Market Environment, Jurisdiction and Local Authorities Requirements

    Corporate Finance:
  • Mergers, Acquisitions and CessionsCommercial Due Diligence or Investment / Financial Appraisals
  • Company Reorganization and Restructuring
  • Financial Feasibility Plans for Industrial Expansion
  • Scouting / Recruiting Highly Qualified Financial Management
  • Exit Strategies in the event of Buy-outs, Buy-ins, Spin-offs or MBOs, MBIs and LBOs
  • Listing on Stock Exchanges

    Offshore Consulting:
  • International Tax Planning
  • Corporate Structuring, Maintenance and Trusts
  • International Contracts Law
  • Jurisdictions
  • Residency and Citizenship
  • International Banking
  • Logistic Support
  • Government Licenses
  • Aircrafts and Vessels
  • Intellectual Property

    CS&P Operates In More Than 80 Countries Around The World.

  • Carlo Scevola and Karina Sneiderova
    Intended as a unique source of inspiration for effective business organization and tax planning, as well as a quick and easy reference book, the Offshore Jurisdictions Guide is a comprehensive and objective guide to offshore jurisdictions offering personal taxation and business opportunities. Providing a solid overview of 100 jurisdictions around the world, this is an essential handbook for financial experts, legal advisors, consultants, and the general public.
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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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    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
    2700 Patriot Drive, Suite 250
    Glenview IL 60026
    USA
    phone: 847-656-5868
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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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    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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    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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    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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    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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    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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    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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    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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