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Economic Damages Analysis Expert Witnesses

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Barbara Luna, PhD, CPA
Senior Partner
See Multiple Addresses Below
CA USA
phone: 818-981-4226
fax: 818-981-4278
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Expert witness testimony for complex litigation involving damage analyses of lost profits, reasonable royalties, lost earnings, and lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accountants. Specialties include: accounting, antitrust, breach of contract, business interruption, business dissolution, construction defects, delays and cost overruns, fraud investigation, asset tracing, intellectual property including patent, trademark and copyright infringement and trade secrets, malpractice, marital dissolution, personal injury and employment litigation, product liability, real estate, securities, spousal support, taxation, unfair advertising, unfair competition, valuation of businesses, and wrongful termination.

Experts:
    Business Litigation and Valuation
    Barbara Luna, PhD, CPA, CFE, ASA,
        CVA, ABV, CGREA, CCRA, CREA
    Dean Atkinson, CPA, CFE, ABV, CAC, CFF
    John Luna, JD/MBA, CPA, ABV, CFF
    David Turner, CPA, ABV, CFF
    Drew Hunt, MBA, CPA, ASA
    Personal Injury / Employment Litigation
    Barbara Luna, PhD, CPA, CFE, ASA,
        CVA, ABV, CGREA, CCRA, CREA
    Venita McMorris, MA
Dr. Barbara Luna is the partner in charge of the commercial litigation department of White Zuckerman. She has been providing Forensic Accounting, Economic Damages, Valuation, and Expert Witness Services for the past 30 years and has testified in court over 450 times. She has a PhD in Applied Mathematics from Harvard University with application to Physics and Finance and a BA in Physics from Wellesley College. Barbara is a Certified Public Accountant, a Certified Fraud Examiner, an Accredited Senior Appraiser in Business Valuation, a Certified Valuation Analyst, Accredited in Business Valuation, a Certified General Real Estate Appraiser, and a Certified Financial Forensic. She previously was a partner with Coopers & Lybrand and has taught working capital management, business finance, forensic accounting and intermediate accounting at UCLA Graduate School of Management, California State University at Northridge and Pepperdine University.

Dean Atkinson is a partner in the commercial litigation practice of White Zuckerman. He has testified as an expert witness in Commercial Litigation and Family Law Matters and has been involved in Resolution and Settlement Negotiations since 1987. He holds credentials from the AICPA as a Certified Public Accountant, Accredited in Business Valuation and Certified Financial Forensics and from the Association of Certified Fraud Examiners. Dean is experienced and has qualified as an expert in business valuation, business litigation and family law matters.

John Luna is a partner in the commercial litigation practice of White Zuckerman. He analyzes Financial, Accounting, Economic Damages, Business, Real Estate and Valuation issues and testifies as an expert witness on his findings. He has been an investment banker with Macquarie Capital, GCA Savian and Lazard. John has a JD from UCLA School of Law (Order of the Coif), an MBA from UCLA Anderson School of Management (Edward W. Carter Fellow), and an AB in Engineering Sciences from Harvard University. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Financial Forensic and a member of the California Bar.

Venita McMorris is a partner and an Economist in the Personal Injury and Employment practice of White Zuckerman. She has been providing economic damages and expert witness services for over 20 years and has testified extensively in court. She has a Master of Arts degree in Economics from California State University, Fullerton and a Bachelor of Arts degree from San Diego State University. She previously was a manager with Coopers & Lybrand and an economist with a medical malpractice trust in Southern California. Venita has taught macroeconomics and microeconomics to college students at Pasadena City College as a full-time tenured instructor and at Glendale Community College as a part-time instructor.

    Los Angeles
    15490 Ventura Boulevard, Suite 300
    Sherman Oaks, CA 91403
    Phone: (866) 981-4266 or (818) 981-4226
    Fax: (818) 981-4278
    Email: expert@wzwlh.com
    Website: www.wzwlh.com
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Steven G. Roberts
CPA/CFF, CFE, CCI, CGMA, FCPA
Sammamish WA 98074
USA
phone: 425-868-3330 ext.151
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Steven Roberts Forensic Accounting Expert PhotoSince 1987, Steven G. Roberts, CPA, CFF, CFE, CCI, CGMA, FCPA, has focused exclusively on Valuation, Economic Analysis, Economic Loss Measurement, Forensic Accounting, and Fraud Examination. His assignments regularly include expert report and exhibit preparation, and deposition and courtroom testimony. Other of his engagements include arbitration, mediation and appraisal testimony.

Mr. Roberts has also been retained directly by the court as a Special Master relative to economic loss measurement and forensic accounting issues. He is a Certified Public Accountant, Certified Fraud Examiner and Forensic Certified Public Accountant. He is also certified by the AICPA in Financial Forensics, is a Certified Criminal Investigator, and is a member of the Academy of Court Appointed Special Masters. Over the past 29 years, Mr. Roberts has been directly responsible for designing, implementing and managing more than 2,000 engagements involving billions of dollars.

He has managed economic loss and valuation engagements in Alaska, Europe, across North America, in Mexico, and throughout the Gulf and Pacific Rim. He is a speaker, lecturer and author of courses and articles on economic damage measurement principles, forensic accounting issues and independent expert practices. Mr. Roberts is the principal and founder of Veritas Forensic Accounting and Economics.

Areas of Expertise:

  • Breach of Contract
  • Breach of Fiduciary Duty
  • Business Interruption
  • Business Dissolution
  • Economic Viability
  • Class Actions
  • Bellwether Plaintiffs
  • Construction Defect Issues
  • Construction Delay, Cost Overrun
  • Builder's Risk Policies
  • Employee Dishonesty
  • Receivership
  • Bankruptcy
  • Fraud
  • Insurance Loss
  • Inventory Loss
  • Property Damage
  • Intellectual Property
  • Partner Disputes
  • Personal Injury
  • Wrongful Death
  • Product Liability
  • Securities Damages
  • Wrongful Termination


  • View Steven Roberts' Consulting Profile.
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    Dr. Jules Kamin
    President
    6380 Wilshire Blvd., Suite 1102
    Los Angeles CA 90048
    USA
    phone: 323-653-9555
    fax: 323-653-5391
    Dr. Jules Kamin received his Ph.D. in business economics, finance and management science from the University of Chicago Graduate School of Business, rated #1. He is an expert on Economic Damages and Economic / Financial Aspects of Liability. He brings to the practice of forensic economics a unique combination of educational background, practical business and teaching experience, and a proven record of expert retention and testimony in over five hundred cases since 1987.

    Services Include:
  • Lost Profits
  • Lost Business Goodwill
  • Diminution of Business Value
  • Business Valuation
  • Lost Earnings and Benefits
  • Course of Conduct
  • Business Torts
  • Fraud
  • Interference with Prospective Economic Advantage
  • Breach of Contract
  • Unfair Competition
  • Condemnation
  • Infringement of Intellectual Property
  • Antitrust
  • Securities
  • Personal Injury
  • Wrongful Termination
  • 9/5/2010 · Damages
    Commercial damages occur in breach-of-contract and business-tort cases that result in claims of lost profits or diminished business goodwill or business value. Intellectual-property-infringement cases and antitrust cases also can involve such loss claims. The measurement of damages in these types of cases follows a basic methodology, with some variations in intellectual-property matters. Measurement of damages in securities-fraud cases uses a different approach.

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    Mr. Kirk Kleckner
    5810 West 78th Street
    Suite 300
    Bloomington MN 55439
    United States
    phone: 612-760-8400
    fax: 612-435-6241
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    Kirk KlecknerKirk D. Kleckner, CPA, MBA, ABV, ASA, CFF is the Managing Principal of ValuationUSA, a boutique Valuation / Litigation Support firm. He is also the current President of Automotive Group Capital and Consulting, LLC - a ten person business specializing in the dealership industry.

    Mr. Kleckner is a CPA, MBA and is professionally accredited in Business Valuation (ABV) from the American Institute of Certified Public Accountants (AICPA). He is also a Senior Appraiser of the American Society of Appraisers (ASA) and Certified in Financial Forensics from the AICPA (CFF). Mr. Kleckner is a Qualified Expert Witness with experience in complex business litigation.

    Mr. Kleckner's experience includes seven years as Chief Financial Officer for a well respected top 50 dealership group. He spent nineteen years with an accounting firm as its Chief Operating Officer, Director of Business Valuation and Litigation Support Services and Shareholder.

    Mr. Kleckner's expertise leverages both his professional and hands-on industry experience. His practical experience includes buying, selling and integrating of businesses and organization and owner tax planning.

    Mr. Kleckner has experience as an expert witness in various legal actions including class action settlement valuation, ownership dispute valuation and business damage calculations.

    Areas of Expertise:
  • Business Valuation
  • Litigation Economic Loss / Damage Analysis and Independent Opinions, Expert Witness
  • Product Warranty and Class Action Settlement Valuation
  • Dealership - Valuation, Profitability and Practices
  • Business Interruption, Minority Interests and Fair Value, Ownership Disputes
  • Estate and Gift Valuation
  • Succession and Business Owner Wealth Transfer Planning
  • Acquisition / Merger Advisory
  • Mining Interest Valuation

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    Thomas Roney
    President
    3333 Lee Parkway,Suite 600
    Dallas, TX 75219
    CO TX FL USA
    phone: 214-665-9458
    fax: 214-975-1245
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    Thomas Roney, LLC is a national economic consulting firm specializing in Economic Damages Calculations and expert testimony for plaintiff and defense attorneys throughout the country. Our team of experienced experts, including economists, finance and forensic accountants, serves you in a professional, timely and cost-effective manner. We are experienced litigation consultants and have testified in Texas, California, Colorado, Connecticut, Kansas and New York. With offices in Dallas/Fort Worth and Houston, we focus on:
    • Commercial damages and intellectual property
    • Economic Damages in Personal Injury, Wrongful Death, and Wrongful Termination.
    • Medical Malpractice and Valuation of Care Cost Plans.
    • Consulting Services/Critique of opposing expert for defense and plaintiff firms.
    • We also provide financial expertise in matrimonial disputes.
    Headquartered in Dallas, Texas, Thomas Roney LLC has offices in:

    Florida Office:
    1111 Brickell Avenue, 11th Floor
    Miami, FL 33126
    T: 305-913-8571
    Colorado Office:
    999 18th Street, Suite 3000
    Denver, CO 80202
    T: 303-572-2366
    12/28/2006 · Expert Witnessing
    As an attorney, plaintiff or defense, you face this question in every case with economic damages. You know not every case requires an economic expert. When the economic damages are minimal or easily computed, such as past wage or profit losses, an expert may not be necessary

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    Thomas Neches
    Managing Partner
    633 West 5th Street, Suite 2800
    Los Angeles CA 90071-2039
    USA
    phone: 213-624-8150
    fax: 213-223-2304
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    Thomas M. Neches is an Certified Public Accountant, Accredited in Business Valuation, a Certified Valuation Analyst, is Certified in Financial Forensics and is a Certified Fraud Examiner. Mr. Neches, Managing Partner of Thomas Neches & Company, LLP, has twenty-eight years of experience in providing expert testimony on Accounting, Business Valuation and Financial Issues. Mr. Neches has testified on behalf of plaintiffs and defendants in state and federal courts in Arizona, California, Florida, Kentucky, Missouri, Nevada, New York and Oregon. He specializes in applying computer database and statistical techniques to assemble and analyze voluminous and complex data. Mr. Neches holds a BA in mathematics from UC San Diego and an MS in operations research from UCLA.
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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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    177 Bovet Rd
    Sixth Floor
    San Mateo CA 94402-3116
    USA
    phone: 650-542-1120
    fax: 650-636-9285
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    Brian A. Sullivan, CPA/ABV, CVA, CBA, CFE, CMAP, is a Forensic Accountant and Business Valuation specialist in the Food and Beverage Industry.

    Mr. Sullivan integrates accounting and auditing knowledge with investigative skills gained from more than 30 years of practical business experience resolving financial disputes, including breach of contract, embezzlement, fraud, personal injury, and shareholder disputes.

    Litigation Support - Mr. Sullivan is an experienced Valuation Expert Witness and court-appointed referee who specializes in Food and Beverage Business Valuations. One of the few individuals with multiple accreditations (including CPA/ABV and CVA), as well as a background in forensic accounting and business valuation, he is strongly qualified. When attorneys for food and beverage companies need an expert witness who works directly with them and has a reputation for clarity and composure on the stand, they turn to Mr. Sullivan.

    Areas of Expertise:
    • Accounting
    • Forensic Accounting
    • Business Valuations
    • Economic Consulting
  • Economic Damages
  • Financial Matters
  • Forensic Accounting
  • Lost Profits
  • View Brian Sullivan's Consulting Profile.
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    Steven A. Eisenberg
    Consulting Actuary & Owner
    1136 Old Roswell Rd
    Roswell GA 30076
    USA
    phone: 404-307-9861
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    Steven Eisenberg Insurance Actuary Expert PhotoSteven A. Eisenberg, FSA, MAAA has over 45 years actuarial experience. He offers litigation support nationwide with regard to personal injury and wrongful death economic damages, appropriate mortality, life expectancy (note: population tables, that have not been modified by an actuary for lifestyle, chronic illnesses, family history, result in unreasonably long life expectancies), interest (discount) rates, future increases in income (note: historical experience indicates that wage inflation rates are lower than discount rates). His litigation support also includes life insurance product design and pricing, compensation, illustrations, administration and management services, policyholder tax issues, and product appropriateness.

    Background Experience - Throughout his career, Mr. Eisenberg worked extensively in litigation support as an expert witness including actuarial design, administration and illustration of various life insurance and annuity products, both traditional and non-traditional, universal life (or excess interest products), and both general account and separate account variable insurance products. His expert work includes pricing these products and developing appropriate actuarial assumptions (e.g. mortality and life expectancy, interest and discount rates, agent or broker compensation and expense assumptions).

    He is also a co-inventor of several patents dealing with financial derivatives(swaps) relating to longevity and mortality mitigation.

    In 1986, Mr. Eisenberg pioneered the development of large case COLI and BOLI and unwind strategies that are still used today. He is a renown expert in designing, developing, and evaluating Bank owned life insurance (BOLI) and Corporate owned life insurance (COLI) programs for insurance companies, banks, other financial institutions, brokers and litigation clients. This includes developing appropriate actuarial assumptions (mortality and longevity, lapses and surrenders, expenses, taxes, interest and discount rates, compensation, policy dividends and life insurance company profitability and investment exposure (disintermediation)). He also developed administrative procedures, sophisticated illustration systems (for example, utilization of policy loans and partial surrenders) and insurable interest issues. His expertise includes policy owner tax issues (e.g. Section 264, 7702, 7702A, 1035) and legislative changes. He has evaluated the appropriateness of these products (general or separate account including stable value) for corporate and bank policy owners, including the accounting and financial impact to the policy owners.

    Mr. Eisenberg is a Fellow of the Society of Actuaries (1973) and a Member of the American Academy of Actuaries (1975). He has served as an Instructor of Actuarial Science at Georgia State University and delivers lectures and seminars to associations throughout the United States.

    His services are offered to clients nationwide.

    Litigation Support - Mr. Eisenberg currently provides expert litigation support for all aspects of life insurance and personal injury. He is a renowned expert in:
    • COLI / BOLI Product Design
    • Assumptions & Contracts
    • Tax History
    • Broker
    • Consultant
    • Third Party Administrator
  • Marketing and Administration
  • Compensation and Standards of Practice
  • Benefit Funding and Financial Analysis
  • life settlement
  • Loss Determination
  • Personal Injury economic Damages
  • Life Expectancy and Mortality
  • View Steven Eisenberg's Consulting Profile.
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    Sidney P. Blum, CPA, CFE, CPEA, CFF
    Los Angeles CA USA
    phone: 818-631-3162
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    Sidney P. Blum, CPA, CFE, CPEA, CFF has over 30 years of professional experience in the areas of Forensic Accounting, Intellectual Property Economic Damages, Royalty Audits, and General Economic Damages.

    Background - Mr. Blum is a financial damages expert witness with particular strength in patents, trademarks, copyrights, toys, entertainment and consumer products. He served as Chief Audit Officer at Beats Electronics, approximately nine years as an accounting firm Partner including five as a Big 4 Partner, and in-house experience with Fortune 50 companies Occidental Petroleum, Unocal, and the Walt Disney Company where he was a member of the internal audit departments. While with Ernst & Young, he led fraud and forensic investigations nationally for their internal audit practice.

    He is Vice Chair of the 2016-2017 Board of Regents of the 75,000 member Association of Certified Fraud Examiners. Having lead more than 1,500 forensic investigations, The Association named Mr. Blum Certified Fraud Examiner of the Year in 2012.

    Litigation Support - As a Financial and Economic Damages expert witness, Mr. Blum has worked on matters from simple to more than $100 million complex litigations. He has testified on more than 30 occasions, equally for plaintiffs and defendants, in a wide variety of State, Federal, and USITC matters. Mr. Blum is a Certified Fraud Examiner, Certified Professional Environmental Auditor, and Certified in Financial Forensics by the AICPA.

    Areas of Expertise:
    • Complex Financial Litigation
    • Patents
    • Copyrights
    • Trademarks
    • False Advertising
    • Accountant Malpractice
    • Royalty Auditor Competence
    • Royalty Disputes
    • Wrongful Termination
    • Construction Defect
    • Film Distribution
  • Unfair Competition
  • Oil & Gas Pipelines
  • Personal Injury
  • Product Liability
  • Breach of Contract
  • Business Interuption
  • Class Action
  • Lanham Act
  • Trusts & Estates
  • USITC
  • DMCA
  • View Sidney Blum's Consulting Profile.
    9/13/2016 · Accounting
    Royalty auditing is a niche service that has exploded in popularity over the last 20 years. The primary purpose of a royalty audit is to test whether a licensee has complied with a license agreement or statutory requirement. The royalty auditor is hired by an intellectual property owner (aka, licensor) or minerals owner to inspect the books and records of a licensee primarily to determine if usage-based monetary amounts have been paid as contractually required. In addition to monetary damage calculations, most royalty audits examine for breach of contract in a wide variety of areas, such as intellectual property protection, record keeping, distribution channels, and permitted usage.

    Sidney P. Blum
    This book navigates readers through the nuances of drafting the best possible financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. The 2014 Edition includes updated information on how to properly write the financial aspects of royalty contracts to protect the licensor, licensee, and other concerned parties. Additional sample terms and "real-world" agreements have also been included.
    Sidney P. Blum
    This book navigates the nuances of drafting financial terms for license and other self-reporting agreements and shows how proper monitoring and auditing should occur once a deal is in place. This book will modernize and remold how agreements are written and will greatly enhance the bottom line of licensors and other contractors. Lawyers involved in drafting license and other self-reporting contracts typically understand boilerplate provisions but not the financial nuances that are subject to high degrees of interpretation that eventually costs their clients significant money and business relationships.
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    Patrick Chylinski, MAFF, CVA, CFE
    515 South Flower Street 41st Floor
    Los Angeles CA 90071-2201
    USA
    phone: 213-330-4605
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    RSM US, LLP is the 5th largest Accounting and Consulting Firm in the country, with over 85 offices across the United States. Our litigation consulting and financial forensics practice focuses on assisting counsel and clients in the areas of business and commercial litigation matters, forensic and fraud investigations, contract compliance matters, and royalty inspections.

    Our professionals have extensive experience assessing and quantifying damages in a variety of matters including contract disputes, post-closing and post-acquisition disputes, breach of fiduciary duty matters, real estate disputes, fee disputes, partnership disputes, as well as conducting analysis in forensic and fraud matters.

    Industry experience includes, among others, technology, manufacturing, hospitality, government and public sector, banking, consumer products, real estate, financial services, and entertainment. Our team of consultants has qualifications, certifications, and educational experience that include Certified Public Account (CPA), Master Analyst in Financial Forensics (MAFF), Certified Fraud Examiner (CFE), Certified in Financial Forensics (CFF), Certified Valuation Analyst (CVA), MBA, and JD.

    Our professionals have experience testifying at deposition, arbitration, and trial and have experience working in the following types of matters:
    • Economic Damage Analysis
    • Fee Disputes
    • Billing Disputes
    • Breach of Contract Matters
    • Post-acquisition Disputes
    • Earn-out Disputes
    • Fraud Investigations
    • Forensic Investigations
    • Breach of Fiduciary Duty Matters
    • Business Interruption Matters
  • Construction Claims
  • Covenant Not To Compete Matters
  • Business Valuations
  • Contract Compliance / Royalty Investigations
  • Health Care Litigation Matters
  • Insurance Claims & Coverage Disputes
  • Intellectual Property Related Matters
  • Marital Dissolution Matters
  • Purchase and Sale Disputes
  • Securities Litigation Matters
  • Patrick Chylinski Economic Damages Expert PhotoPatrick Chylinski, MAFF, CVA, CFE is a principal and the West Region Practice Leader for RSM’s Litigation Consulting and Financial Forensics practice. He has extensive experience managing and directing engagements relating to complex commercial litigation, business disputes, investigations of fraud and financial misconduct, and business valuations. He has been designated as an expert in numerous cases, and has testified as an expert in litigation matters relating to contract and fee disputes. Mr. Chylinski has experience serving clients across various industries including healthcare, financial services, real estate, construction, insurance, gaming, entertainment, and technology.

    Past experience includes roles as a Director of the Litigation Consulting and Forensic Accounting Services practice group for a top-25 national accounting and consulting firm, as well as a leadership position at a top regional firm. Earlier in his career, Patrick worked in the Financial Advisory Services group at Deloitte & Touche, focusing on dispute consulting.

    In addition to his work experience in professional services, Patrick has extensive industry experience, having worked as a Vice President of Financial Planning and Analysis for what was one of the largest mortgage banking and financial services firms in the country. Patrick also worked in commercial real estate, performing financial analysis and mergers and acquisition due diligence at a commercial real estate investment firm. He also has experience in the securities industry, at one time holding NASD Series 7 and 63 licenses.

    Litigation and Dispute Services:
    • Contract Disputes
    • Fee Disputes
    • Damage Analysis
    • Lost Profit Analysis
    • Partnerships and Real Estate Disputes
    Forensic and Investigative Services:
    • Licensing and Royalty Disputes
    • Purchase Price / Earn-out Disputes
    • Forensic Analysis
    • Fraud Investigations
    • Contract Compliance
    8/20/2014 · Forgery & Fraud
    When many people think about fraud, their thoughts usually turn to banks, investment firms and large businesses. But don't be fooled. Not-for-profit organizations – including many charities, colleges, religious entities and trade groups – are often easy targets for sophisticated fraud schemes.

    Business acquisitions and dispositions are often highly complex transactions which can possess an increased potential for disagreements-disagreements that can eventually lead to contentious and costly litigation. Various types of disputes can arise from the purchase or sale of a business, and these post-closing or postacquisition disputes can delay or even derail what may otherwise appear as obvious "win-win" transactions.

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    G. Michael Phillips, PhD
    750 E. Walnut Street
    Pasadena CA 91101
    USA
    phone: 626-744-3540
    fax: 626-744-3530
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    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.

    Commercial Damages and Valuation Expertise:
    • Lost Profits - Business interruption, bad faith, faulty materials, transportation corridor closures, theft of trade secrets analysis. Analyze loss due to piracy, theft of trade secrets, unlicensed use of tools and plans, and intellectual property infringements
    • Commercial Damages - Estimate extensive damage or loss due to contract disputes, fraud and unfair competition, or negligence claims
    • Intellectual Property - Estimate losses and licenses associated with intellectual property. Apply advanced economic and statistical analysis, hedonic valuation methods, Georgia-Pacific factors, surveys, focus groups, analytical approaches, reasonable royalty analysis, cost savings estimates, industry "rules of thumb," meta-analysis, and other appropriate methodologies; brand and trademark confusion; market research surveys, focus groups, and analysis; utilization of online surveys for quantitative analysis and hypothesis testing; valuation of trade secrets, know-how, and proprietary processes; Hedonic Price Regression
    • Financial Analysis - Pro Forma analysis, deal analysis, simulations, "what if" analysis, real options valuation, and analysis of contracts. Competitive benchmarking, industry analysis, analysis of start-ups, cost of credit, credit rating damages, appropriate discount rates, weighted average cost of capital, cram down rates, and analysis of "but for" potential rates of return and appreciation
    • Investment Market Analysis - Analyzed hundreds of open market class action securities cases involving 10b-5, 33, and 34 act issues; investment valuation; event studies; options and derivatives valuation; portfolio construction; analysis of risk and return; analysis of investment characteristics; analysis of commissions; analysis of trading frequency; analysis of prudence; benchmark comparison and analysis; Index creation and analysis; ETFs, mutual funds, hedge funds, structured products, UITs, commercial banking; custom modeling
    • Investment Suitability - Link investor risk tolerance to investment characteristics; identify impact of investments on overall portfolio; model portfolio analysis; analyze impact of economy on investments and portfolios; UPIA; UPMIFA; managed accounts; PPM analysis; hedge funds; investment "systems"; quantitative modeling; surveys, focus groups, class census analysis; Real Options analysis; "what if" analysis; Monte Carlo & Simulation; Financial Econometrics
    • Internet Issues - Assess value by using statistics and econometrics to measure "internet presence"; test for trademark, URL, and brand confusion; start-up valuations; shadow stock valuation; domain name valuation; search engine confusion; unauthorized likeness
    • Industrial Organization & Competitive Analysis - Determine the competitiveness of markets including monopoly and monopsony power, concentration ratios, valuation of acquired interests, HSR analysis, pre-merger and acquisition analysis, securities valuation, financial analysis of contingent liabilities, real options analysis, industry analysis for trade associations and regulatory entities, econometric modeling and forecasting, and custom research
    • Entertainment Industry - Valuation, forecasting, modeling; statistical analysis of script content; royalty and licensing computation; quantitative analysis; special projects
    • 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
    • Real Estate & Urban Policy - Fiscal and economic impact analysis, financial analysis, and public private partnership/joint venture negotiations; eminent domain analysis; hedonic regression analysis; statistical valuation models; regional economic forecasting; analysis of public policy on local economy; impact of environmental issues on property values; impact of tax policy; special projects
    • Construction Defects & Destructive Testing - Create and supervise or evaluate sampling plans; compute margins of error; compute projections and extrapolations
    • Surveys & Sampling - Mail, telephonic, computer panel surveys; focus groups; questionnaires; intercept surveys; census; record sampling; warranty card analysis; Eveready, Sprite, and other marketing surveys; consumer expectation surveys; special projects
    • Statistics, Econometrics & Forecasting - Create forecasts, "what if" simulations and models, test hypotheses, and perform custom research
    • Class Action, Mass Actions, Mass Torts - Assess commonality, or lack thereof, using economic and statistical analysis; conduct census or surveys; design sampling for random depositions; analyze corporate records; special analysis
    View PFC's Consulting Profile.
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    G. Michael Phillips, PhD
    750 E. Walnut Street
    Pasadena CA 91101
    USA
    phone: 626-744-3540
    fax: 626-744-3530
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    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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    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.
    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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    Philip H.B. More, PhD, CVA
    PO Box 5221
    Palos Verdes Peninsula CA 90274
    USA
    phone: 844-745-6673
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    Philip More Business Valuation Expert PhotoPhilip H.B. More, PhD, CVA, is a recognized expert in Business Valuation. He has more than 40 years of experience providing expertise in creating economic value, business valuation, business strategy, and managing technology.

    Dr. More is the president and founder of Philip H.B. More LLC a firm providing litigation support and business valuation as well as executive education, and consulting in both assessing and developing economic value. He specializes in intellectual property as well as in firms undergoing turnaround, restructuring, and insolvency.

    In 2014, Dr. More retired as a professor emeritus from the University of Southern California where he served on the faculty of the Marshal School of Business as a Professor, a member of the University’s Research Committee, and the Board of Directors for the Viterbi School of Engineering’s Center for Engineering Management. He taught business and technology strategy courses that integrate the business disciplines of finance, accounting, marketing, and human resources in creating economic value for all stakeholders to graduate and undergraduate students as well as executives.

    Dr. More is the author of over 100 publications including refereed journal articles, conference proceedings, and books. He listed in Who’s Who in America, the World, in American Education, and Finance & Business as well as in American Men & Women of Science. He has served as a consultant and executive educator for public entities and private firms as well as organizations such as the Thailand and Hong Kong Management Associations.

    Litigation Support - Dr. More provides expert witness services on value creation using technology and organization for both established and emergent businesses. His expertise is available to counsel representing both plaintiff and defendant. He has experience with depositions and trial testimony.

    Areas of Expertise:
    • Business Damages
    • Business Interruption Damages
    • Lost Profits
    • Business Operations
    • Business Policy and Strategy
    • Mergers and Acquisitions
  • Estate Valuation
  • Gifting Valuation
  • Intellectual Property Valuation
  • Marital Dissolution Valuation
  • Patent Valuation
  • Contract & Partner Disputes
  • View Dr. More's Consulting Profile.
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