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Compensation Consulting Expert Witnesses

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Norman Katz
Managing Partner
18881 Von Karman, Suite 1175
Irvine CA 92612
phone: 949-263-8700
fax: 949-263-0770
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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    John A. Hoschette, BSEE, MSEE
    WA, CA, TX, OH, VA, MD, DC, FL, WI, MN USA
    phone: 715-222-7883
    John Hoschette, BSEE, MSEE is an Electrical Engineer and Engineering Manager with over 25 years of experience at companies such as Smiths Medical, Lockheed Martin, Honeywell, Loral, Alliant Techsystems and Rockwell Collins. This has provided him exposure to the engineering methods of organizations nationwide and an acute understanding of all aspects of an engineering career.

    Mr. Hoschette has managed engineering groups as large as 125 people with overall responsibility for business operations, employee salary administration, hiring, termination and career development. He has been involved in cases of employee termination for drugs, layoffs, harassment, non-performance and violation of company business ethics issues.

    His primary responsibility as an engineering manager when dealing with employee issues has been to enforce company policies and procedures to ensure fair and lawful handling of employee discipline and terminations cases when necessary. This involves coordination of Human Resources and Legal Counsel to ensure company liability is minimized.

    Mr. Hoschette's technical work encompasses developing the next generation mission computers for the F-35, P-3, F-16 and F-22 jet fighter aircraft and his technical expertise is Optical Data Networking. His career has covered designing, testing, and fielding of advanced electronics in areas such as: developing infrared sensors for night vision, laser sensors for weapons, helmet mounted displays and fiber channel networks.

    Mr. Hoschette is also an author of two books, “Career Advancement and Survival for Engineers” and “The Engineers Career Guide." He has also been adjunct professor and instructed career development courses for engineers at Tufts University in Boston, Santa Clara University and University of Minnesota.

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    12/1/2011 · Engineering
    With the wealth of knowledge available at the click of a mouse, the Internet is a wonderful tool that can really help accelerate your career. But have you ever stopped to consider what information about you might be available to others on the Internet?

    10/31/2011 · Engineering
    Do you feel underpaid and deserving of a higher salary? Are you thinking about asking for a raise, but unsure how to go about it? Do you cringe at the thought of approaching your boss?

    John A. Hoschette
    The complete, one-stop career resource guide for engineers, engineering managers, and human resources personnel. This book offers proven, commonsense advice for navigating all stages of your engineering career. Packed with real-world tips supported by actual work experiences and examples.
    John A. Hoschette
    his book is packed with useful tips for excelling in the corporate environment. It is all about the "whens" and "hows" of making a good impression and achieving the greatest impact. This is not a technical book--it focuses more on how to deal with the organization.
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    Mark Johnson, JD, PhD
    1450 Hughes Rd
    Suite 120
    Grapevine TX 76051
    phone: 817-909-0778
    fax: 817-788-1399
    Mark Johnson, JD, PhD, is a Pension Expert and an ERISA Benefits consultant with over 30 years of experience. He is also a licensed attorney in Texas and is a Board Certified Labor and Employment Law Specialist, as designated by the Texas Board of Legal Specialization.

    Dr. Johnson served as a former Plan Administrator, Fiduciary, ERISA Compliance Officer, and Managing Director of Benefits and Pensions for American Airlines, a unionized Fortune 500 company. During this time, he managed ERISA plans covering more than $14 billion in assets and over 100,000 participants, as well as welfare plans covering 350,000 employees and their dependents. Mr. Johnson understands the nuances of ERISA because he made decisions every day regarding pension, life, health, long term disability, and other qualified and non-qualified benefits.

    Litigation Support - As an active ERISA litigation consultant, Dr. Johnson sees how disagreements ranging from individual benefit claims to class action fiduciary liability litigation are resolved in court. He serves as an expert witness for plaintiff or defense attorneys in litigation relating to:
    • ERISA
    • 401(k) Fiduciary Liability
    • Cash Balance conversion
    • Company Stock Drop
    • Employee Stock Ownership Plans (ESOP)
    • FINRA Arbitration
    • Group Life & Health Plan Benefits
    • Health Plan Reimbursement Levels
  • Labor Union Pensions
  • Long Term Disability (LTD) benefits
  • Pension Benefits in Bankruptcy
  • Pension or 401(k) Plan Expenses
  • Retiree Medical Plans
  • Severance Benefits
  • Survivor Benefits
  • Third Party Administrator Disputes
  • View Dr. Johnson's Consulting Profile.
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    Dr. Leonard R. Freifelder
    360 Lexington Ave., 164 Floor
    New York NY 10017
    phone: 212-521-8100
    fax: 212-581-8958
    Leonard R. Freifelder earned his Doctorate and Master's degrees in Operations Research and Statistics from the University of Pennsylvania. His Bachelor’s degree is from The Wharton School of Business at the University of Pennsylvania, where he majored in Actuarial Science. Dr. Freifelder also is an Associate of the Society of Actuaries. His work experience includes private, public, and academic positions in the insurance industry and related fields.

    Dr. Freifelder is experienced in the application of Economic Models and Statistical Analysis in various types of litigation. He has been qualified as an expert in federal court and in state court in Connecticut, New Jersey, and New York and has been invited to speak about economic analysis in litigation by various legal groups in the metropolitan New York area.

    Dr. Freifelder has particular expertise in applying economic analysis, statistical techniques, and actuarial science methods to matters involving insurance and risk.
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    Dawn M. Adams, PHR
    W307 N6380 Shore Acres Rd.
    Hartland WI 53029
    phone: 414-659-4553
    Dawn M. Adams, PHR, is a certified Professional in Human Resources, with 25+ years of experience in Human Resources, employment law, and Organization Development. She built her expertise in the professional services, manufacturing, health care, financial services, government, and construction industries. Dawn has held various leadership positions within organizations, including Vice President of Human Resources for a statewide, nonprofit healthcare organization and national HR manager for an international law firm.

    Ms. Adams built additional coaching and development expertise through the Center for Creative Leadership and Team Trek. In addition to her PHR certification, she earned several certifications through Lominger International. Ms. Adams was a member of SHRM and its national Employee Relations Expertise Panel. She is a former member and chair of MMSHRM’s Employment Practices Committee.

    Litigation Support - Dawn Adams provides expert witness services to counsel representing Plaintiff and Defendant in cases involving human resources, employment law compliance, management practices, employee termination, and recruitment. Ms. Adams is experienced with sexual harassment and discrimination cases, FMLA, employment laws, leave laws, policies and procedures, and the American With Disabilities Act (ADA).

    Areas of Expertise:
    • Human Resources
    • FMLA / Leave Laws
    • ADA
    • Employer Responsibility
    • Employment Discrimination
    • Employment Investigations
  • Employment Termination
  • Background Investigations
  • Due Diligence
  • Employee Relations
  • Sexual Harassment
  • Wrongful Termination
  • View Dawn Adams' Consulting Profile.
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    Beth De Lima
    2050 Gateway Place, Suite 100-177
    San Jose CA 95110
    phone: 209-728-8905
    fax: 209-728-8970
    Beth De Lima, MBA, SPHR-CA. consults with Plaintiff and Defense attorneys in regard to human resource management, the American with Disabilities Act (ADA), Family Medical Leave Act (FMLA), discrimination and related topics. Ms. De Lima is nationally certified as a Senior Professional in Human Resources with a California specific certification (SPHR - CA) by the Society for Human Resource Management (SHRM) and was appointed to sit on the Employee Health, Safety, and Security Special Expertise Panel, 2006-2010. She is a certified mediator, U.C. Berkeley, Extension Program and had been appointed to the Amador, Calaveras, and Tuolumne County Superior Court Mediation Panels.

    Specifically, Ms. De Lima can assist you in preparing responses and compiling evidence for existing cases. Her litigation support services may be used to:
    • Formulate questions for depositions
    • Conduct investigations and interviews
    • Evaluate the adequacy of personnel policies
    • Analyze evidence and presentation materials
    • Identify case weaknesses and alternative strategies
    • Document employee physical suitability for work
    • Determine "reasonable accommodation"
    Please visit her website at for more details. Ms. De Lima has offices in Murphys and San Jose California and are available at your convenience to discuss cases on a confidential and complimentary basis.

    View Consulting Profile.
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    411 W. Maple Street, Apt. 305
    Wichita KS 67213
    phone: 316-630-9320
    fax: 316-630-9332
    William A. Lybarger, PhD, specializes in the field of Health and Human Services. With a Masters Degree in Special Education and a PhD in Psychology (behavior disorders), has worked as a director, administrator, manager, teacher, consultant, executive coach, and expert witness in the Healthcare field.

    He brings to the industry a record of publication, presentation of reality-based management strategies and teaching that supports his pursuit of organizational success templates which coincide with achieving sustainable competitive advantage.

    As an Expert Witness, Dr. Lybarger provides Standard of Care opinions related to quality of care and treatment provided by health, education, and human service agencies. He has extensive training and experience in health and human service management, special education, quality assurance, performance management, and regulatory compliance.

    Dr. Lybarger has been asked to provide his expert opinion related to personal injury and wrongful death in over 70 cases. The quality of his work is supported by 30 years of experience in the management of community and residential supports systems for persons with mental retardation.

    Dr. Lybarger's casework has included:
    • Developmental Disabilities, Juvenile Treatment Facilities, Private Psychiatric Facilities, Community Mental Health Centers, and Special Education
    • Mental Retardation
    • Care Issues related to Medical Centers, Nursing Homes
    • Loss of Life Potential
    • Personal Injury
    • Wrongful Death
    View Dr. Lybarger's Consulting Profile.
    5/6/2015 · Psychology
    I have been providing expert witness services for several years. My practice, for the most part, has involved personal injury and wrongful death matters in health and human service agencies. More specifically, my work frequently requires a Standard of Care opinion related to the level of care provided by a service organization to a person with a developmental disability and/or mental retardation. As a part of this practice I have worked several cases involving an eating disorder referred to as PICA.

    Most organizations will eventually face hard times. I am suggesting that organizational leaders see this event as an opportunity rather than a trauma.

    What is the fastest way to increase profits? Stop doing things that don't make a profit! Could increased net profit, increased return on investment and improved cash flow be that easy? The answer is yes.

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    G. Michael Phillips, PhD
    750 E. Walnut Street
    Pasadena CA 91101
    phone: 626-744-3540
    fax: 626-744-3530
    Phillips- Fractor-and-Company-Logo.gif
    Phillips, Fractor, and Company (PFC) is a boutique litigation support and consulting firm that specializes in Economic, Financial, Statistical, Managerial, Valuation, Accounting, and Complex Analyses.

    PFC's team is comprised of experts and consultants who blend active academic careers with real-world experience in a variety of fields. They draw on economic theory, statistical analysis, survey research, mathematics, computer science, business theories, and management best practices to conduct high quality research based on appropriate methodology to give precise insights into specific research problems which they clearly communicate in a variety of venues.

    Litigation Support / Testifying Experts - PFC's team of PhDs and other leading experts work closely with clients from the beginning to the end of each engagement, identifying key issues, selecting appropriate methodologies, conducting and supervising analysis, writing reports, and testifying or otherwise presenting results in a clear and understandable manner.

    Labor and Human Capital Related Expertise:
    • Asbestos & Toxic Torts - Assess damages to individuals or groups from toxic torts including asbestos. Experience includes economic loss from lost years, early death, disability, limited work life, work restrictions, and secondary damages including impact on dependents, shareholders, and companies
    • Wrongful Death, Personal Injury, Medical Malpractice - Estimate the present value of lost income, lost household services, lost personal services, personal consumption adjustments, and the value of life care plans. Estimate present values and annuity equivalent values of loss and economic losses from injury. Medical malpractice cases include “bad baby”, misdiagnosis, mistreatment, unlicensed technicians
    • Employment Benefits and Compensation Litigation & Valuation - Valuation of contracts, appropriateness of executive compensation, valuation of stock options and incentive compensation plans, and valuation of private interests. Value wrongful termination, wrongful recruitment, failure to promote, constructive discharge, ADA "failure to accommodate," fraud, whistle blower, retribution, retaliation, etc.
    • Employment & Compensation Class Actions - Analyze allegations of unpaid meal and rest breaks, unreimbursed expenses, analysis of payroll rounding policies, misclassification and job content analysis, analysis of inside worker exemptions, impact of nontraditional work schedules, unpaid and underpaid overtime, and many issues associated with prevailing wage laws
    • Discrimination and Disparate Impacts - Analyze testing underrepresentation, failure to promote, income disparity, disparate impact of policy, biased pay policies, etc. Cases involve age, race, gender, orientation, religion, national origin, affiliation, and ADA related issues
    • Family Law Issues, Valuations, Appropriate Compensation Analysis - Valuation of real and personal property and community and separate property, applying business valuation techniques, analyzing appropriate compensation, valuing investment portfolios and pensions, estimating future cash needs, analyzing impact of different regional cost of living, determining value of privately held businesses, and other accounting, financial, and economic applications
    • Product Liability - Analyze customer records, perform actuarial type analysis on warranty claims and product failures, work with lemon law type issues, and perform surveys and focus groups to develop data regarding liability and damages in a wide range of product liability cases
    • Surveys & Sampling - Provide sampling and analytical services to government agencies, trade associations, corporations, and litigants. Common applications include selecting employee records to determine the estimated impact of a compensation policy and selecting purchasers of a particular consumer item to test failure rates, determining sampling frame for randomized depositions, and creating, implementing, and analyzing surveys, focus groups, census type studies, and other types of survey and questionnaire analysis
    • Statistics, Econometrics, & Forecasting - Create forecasts, "what if" simulations and models, test hypotheses, and perform custom research. Determine excessive stock trading, impact of alternative investment policies on portfolio risk and return, determine "but for" promotion patterns to assess potential glass ceiling effects, and forecast long term housing starts
    • Class Actions, Mass Actions, Mass Torts - Assess commonality, or lack thereof, using economic and statistical analysis. Cases have included discrimination in a nationwide vehicle lease agreement, damages under various FLSA claims, impact on customers of tainted pharmaceutical products, wind turbine abnormally high failure rate
    View PFC's Consulting Profile.
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    Jean L. Seawright, CMC
    140 N. Park Avenue
    Suite 250
    Winter Park FL 32789
    phone: 407-645-2433
    fax: 407-645-3923
    As a highly professional & credible Expert, Consultant, & Speaker, Jean Seawright has provided trusted advice & HR Consultation to thousands of organizations nationwide. As president of Seawright & Associates, a Human Resource Management-Consulting Firm, Ms. Seawright is widely respected for her knowledge of state & federal employment regulations including, but not limited to FLSA, ADA, FMLA, Title VII, & others.

    Since 1987, she has focused on engagements involving hiring, coaching, & terminating employees; regulatory compliance; charges of discrimination; performance management systems; internal investigations (including harassment); employee handbook development; compensation plan design; HR audits; hiring systems; job descriptions; & others.

    Ms. Seawright is a frequent speaker at state & national trade associations & is the author of numerous articles & publications in the field of human resources, including the popular book, The Employment Genie®, an exclusive hiring, coaching, & termination system for businesses.

    Areas of Expertise:
    • Negligent Hiring and Retention
    • Discrimination and EEO Compliance
    • HR Policies and Programs
    • FLSA and Wage and Hour Compliance
    • Harassment
    • Expert Witness Services for Employment Law Matters
    • ADA
    • FMLA
    • Hiring Procedures
    • Title VII
    • Employee Handbooks
    Ms. Seawright is available for case analysis, case theory evaluation, expert witness reports, depositions, analysis of other expert testimony, and trial testimony.
    Jean Seawright
    Now you can own a complete human resource department ‘in a box!’ Worried about hiring, coaching, and terminating employees legally and effectively? As a business owner, you know that one bad hire or poorly executed termination can bring your business to its knees. Finally, there’s a solution! With The Employment Genie® system, you can hire smart, reduce turnover, limit liability, and implement consistent employment practices!
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    Jeffrey D. Joy, MBA, MEd, CRC
    Vocational Rehabilitation Consultant
    422 Highland Avenue
    Suite C11
    Cheshire CT 06410
    phone: 203-886-8363
    fax: 203-634-3487
    Jeffrey D. Joy, MBA, MEd, CRC is a Vocational Rehabilitation Consultant with more than 15 years of experience serving persons with disabilities in various vocational rehabilitation settings. Mr. Joy's past work includes that of Director of Vocational Services and Vocational Rehabilitation Counselor for the Department of Veterans Affairs and has served persons in various vocational rehabilitation settings. He is Nationally Certified as a Rehabilitation Counselor by the Commission on Rehabilitation Counselor Certification.

    Mr. Joy has been qualified as a Vocational Expert to the Social Security Administration and accepted as a Vocational Expert from members of the Connecticut, New York, and Massachusetts Bars. He has been called as both a consulting and testifying Vocational Expert in Personal Injury, Workers Compensation, and Family Law matters. Mr. Joy consults on complex disability related matters including:
    • Employment and Catastrophic Injury
    • Earning Capacity and Employability in Family law, Workmen's Compensation, Personal Injury, and Social Security Disability
    • Lost Earning Capacity & Present Value Analyses
    • Vocational Expert for Social Security Administration Disability Hearings
    • Vocational Testing and Assessment
    View Consulting Profile.
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    White Oaks Capital, LLC
    John V.O. (Jack) Kennard
    Marketing / Branding Specialist
    PO Box 211
    Southern Pines NC 28388
    phone: 502-558-3821
    John V. O. (Jack) Kennard is a Brand identity, Marketing and Media Management specialist with over 30 years of experience driving global growth of high touch/high connectivity consumer brands for S&P 500 corporations and for smaller or niche entrants into highly competitive markets. He is skilled at clearly explaining abstract concepts such as brand idenity and brand building to juries and in the classroom.

    Mr. Kennard was the senior brand executive with worldwide P&L responsibility for the Jack Daniel’s family of brands, a $1.0+ Billion business during a period of rejuvenation in the U.S. and rapid global growth. His expertise is in business development in food and beverage categories, including wine and spirits, agency selection, and partnering and compensation. He also has deep and continuing experience in branded licensing programs, new product strategy, and launches.

    Mr. Kennard has been providing litigation support services since 2009. He has served as an expert witness offering opinions in Federal court cases related to brand identity, trademark matters, brand licensing, sports marketing and brand building models, and methods. His services are available to attorneys for Plaintiff and Defense.

    Areas of Expertise
    • Brand Identity
    • Brand Valuation
    • Brand Promotion
    • Trademark / Trade Dress
    • Brand Licensing
    • Sports Marketing / Sponsorships
    • Brand Building Models / Methods
  • Deceptive / False Advertising
  • Media / Social Media
  • Licensing
  • Agency Compensation
  • Consumer Confusion
  • Financial Projections
  • Interactive Marketing
  • View Jack Kennard's Consulting Profile.