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Employee Benefits & Retirement Plans Expert Witnesses

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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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    Max G. Ansbacher
    President
    4535 44th Street
    3G
    Sunnyside NY 11104
    USA
    phone: 918-293-6767
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    Max G. Ansbacher founded and managed a Hedge Fund specializing in the use of Options and Equities for 25 years.

    Background - Mr. Ansbacher began his career in 1965 as an attorney with the Wall Street law firm of Breed, Abbot, and Morgan, working on corporate tax matters. He left to become an international tax lawyer at Bristol Myers where his position included liaison with lawyers around the world.

    In 1999, after some consideration, Mr. Ansbacher decided to change his occupation to become an options trader. He joined Bear Stearns as a stock broker and wrote the first book on exchange traded options. He remained at Bear Stearns for nearly 20 years until he left to set up his own firm, Ansbacher Investment Management, which is now one of the oldest firms devoted to options writing.

    Mr. Ansbacher has often been quoted in the media, including The Wall Street Journal, and has been a frequent guest commentator on the Bloomberg Television Network, Fox News Channel, and CNBC. He is the author of three books on investing, including the New Options Market, Fourth Edition, which was the first book published in America on exchange-traded options, and has become one of the all time best-selling books on the subject. He was featured on Forbes magazine, October 2, 2004.

    Litigation Support - Max G. Ansbacher provides expert witness, litigation support, and project management for complex securities litigation. His expertise is available to attorneys representing both Plaintiff and Defendant. His services include project management, research, and report writing.

    Areas of Expertise:
    • Hedge Funds
    • Financial Markets
    • Derivatives
    • Swaps
    • Finance
    • Risk Management
    • Broker Standard of Care
  • Suitability
  • Foreign Exchange / Currency
  • Fixed Income
  • Equity
  • Commodities
  • Options
  • ERISA
  • Portfolio Management
  • Max G. Ansbacher
    This updated and expanded fourth edition uses real-world illustrations to present the basics of options trading theory and practice. It acquaints readers with the most successful options trading strategies and alerts them to the ten biggest options trading mistakes.
    Max G. Ansbacher
    Max G. Ansbacher
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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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    Brian H. Kleiner, Ph.D., MBA
    Brian H. Kleiner
    Professor of Human Resource Management
    at a prestigious Cailfornia university
    551 Santa Barbara Avenue
    Fullerton CA 92835
    USA
    phone: 714-879-9705 or 714-595-1891
    fax: 714-879-5600
    Dr. Brian H. Kleiner was a former human resource manager for Ford Motor Company. He has had over 100 private and public consulting clients and has trained thousands of employees. Dr. Kleiner taught three 36-hour courses on KLCS-TV, has over 500 publications, and has given trial / arbitration testimony in over 70 cases, including one resulting in a $12.5 million plaintiffs verdict in 2014 concerning disability discrimination and wrongful termination. He has been profiled in Bender's California Labor and Employment Bulletin in 2007 as a result of his overall forensic expert successes and other achievements.

    Degrees Include:
    • B.S. in Business Administration, Drexel
    • MBA, UCLA
    • Ph.D. Management, UCLA
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    James Christopoulos, JD, MA
    575 Anton Blvd
    Costa Mesa CA 92626
    USA
    phone: 714-442-8561
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    Christopoulos Economics Consulting Group is a full-service expert witness firm, providing highly capable and professional analyses, reports, tables, charts, and credible testimony on Economic Damages and related issues for attorneys throughout California.

    By specializing in litigation economics, Christopoulos Economics Consulting Group provides Forensic Analysis and Auditing, Economic Damage Analyses, Statistical Research, and Economic Loss Reports. They have the experience necessary to provide testimonies and produce reports which summarize and present opinions and conclusions in a manner that is clear and easily understood. They are consistently retained by both plaintiff and defense attorneys and are well versed in the calculation of present value past and future economic damages, including the calculation of future medical care costs.

    James Christopoulos, JD, MA, the founder of Christopoulos Economics Consulting Group, is an Economist and a Lawyer. His comprehension of complex legal issues combined with his many years of experience as an economist provides his clients with a unique set of abilities when calculating economic losses and communicating those opinions to both judge and jury.

    Mr. Christopoulos has testified as an expert witness economist in state and federal courts along with arbitrations, mediations, and depositions and has prepared and presented economic loss calculations for well over 1,000 cases.

    Areas of Litigation Expertise:
    • Personal Injury
    • Wrongful Death
    • Medical Malpractice
    • Product Liability
    • Tort Actions
    • FELA Cases
    • Minor, Multiple Plaintiffs
    • Breach of Contract
    • Unjust Enrichment
    • Interference
    • Interruption
    • Breach of Fiduciary Duty
    • Forensic Analysis and Audit
  • Employment Discrimination
  • Wrongful Termination
  • Failure to Promote
  • Wage & Hour
  • Pay Equity
  • Class Actions
  • Income Loss
  • Health Benefits Loss
  • Pension, Retirement Benefits Loss
  • Wage Loss Differential
  • Forensic Analysis
  • Statistical Analysis of Data, Trends
  • Present Value Calculations
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    Charles W. Leggette
    Chief Actuary
    6828 Hyde Park Dr.
    Dallas TX 75231
    USA
    phone: 214-448-7146
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    Charles W. Leggette, Principal and Chief Actuary of Dallas Actuaries, Inc, is an active participant in governmental affairs for his profession, most recently serving on the United States Department of Labor, Regional Advisory Board.

    Mr. Leggette is a Fellow by examination of the American Society of Pension Actuaries. The Treasury Department Joint Board for the Enrollment of Actuaries has admitted him to practice before the Treasury and Labor Departments. In 1978, Mr. Leggette served as the Society’s representative on Jimmy Carter’s Presidential Committee on Pension Policy. He was appointed by the Treasury Department to the Joint Board for Enrollment of Actuaries Advisory Committee on Examinations. Mr. Leggette has served as Chairman of the Pension Actuarial Society’s Education and Examination Committee. In 1980, he was admitted to the American Academy of Actuaries. One year later, he was elected President of the American Society of Pension Actuaries.

    Charles Leggette has provided Litigation Support Services to attorneys representing Plaintiff and Defense for over 35 years. He is qualified to testify in both State and Federal court.

    Main Areas of Litigation Support:
    • Pensions - Design of Plan
    • Pension Admission Regulations
    • Compliance / Tax Issues
    • Pension Schemes
    • Insurance Related Matters
    View Charles Leggette's Consulting Profile.
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    Mark Johnson, JD, PhD
    President
    1450 Hughes Rd
    Suite 120
    Grapevine TX 76051
    USA
    phone: 817-909-0778
    fax: 817-788-1399
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    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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    Joseph A. Garofolo
    Principal
    3443 Golden Gate Way
    Suite H
    Lafayette CA 94549
    USA
    phone: 415-517-5307
    fax: 415-981-8870
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    Joseph Garofolo ERISA Expert PhotoJoseph A. Garofolo is well qualified to serve as an expert witness with regard to a wide range of issues relating to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Mr. Garofolo has significant independent fiduciary experience and is a recognized employee benefits attorney. He has been retained as a testifying expert in federal and state court litigation.

    Some of the independent fiduciary engagements in which Mr. Garofolo has been involved include the following:
    i) transaction for the sale of closely held shares by an employee stock ownership plan;
    ii) acquisition of real property by a collectively bargained plan; and
    iii) evaluation of the reasonableness of plan expenses and expense allocation among related parties and service providers.

    As an attorney, Mr. Garofolo has advised clients regarding retirement and welfare plan issues. He has served as counsel for plan sponsors, service providers, participants, and others. He has represented clients involved in ERISA litigation in federal courts across the country. In 2012, Mr. Garofolo was selected by California Lawyer magazine as a recipient of the California Lawyer Attorneys of the Year Award in the field of employee benefits and, in 2014, he was selected to the Northern California Super Lawyers list.

    Mr. Garofolo's expertise extends to pension and health and welfare plans. He is particularly suited to serve as an expert with regard to issues associated with Title I of ERISA. He has extensive knowledge and experience relating to the fiduciary duty provisions set forth in ERISA § 404 and the prohibited transaction and self-dealing provisions of ERISA § 406. Mr. Garofolo is well versed on the standard for ERISA liability of fiduciary and nonfiduciary service providers as well as other parties often involved in employee benefits litigation.

    Joseph Garofolo ERISA Expert Video Ninth Circuit
    Excerpt of Oral Argument Before En banc Panel of the Ninth Circuit Court of Appeals

    Mr. Garofolo brings his industry experience as a fiduciary, knowledge of employee benefit plans, and courtroom communication skills to the expert witness services offered by ERISA Expert Services, LLC.

    ERISA Expert Services, LLC provides expert witness and litigation support services for plaintiffs and defendants, including those involved in class actions and other complex cases.

    Areas of Expertise:
    • Fiduciary Duties
    • Prohibited Transactions
    • Defined Contribution Plans
  • Defined Benefit Plans
  • Health and Welfare Plans
  • Reporting and Disclosure
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    Edward M. Foster, PhD
    4754 Fremont Ave. South
    Minneapolis MN 55419-5207
    USA
    phone: 612-418-5246
    fax: 612-823-6236
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    Edward M. Foster, PhD, is a Forensic Economics Expert with over 40 years of experience. Dr. Foster received his PhD in economics from MIT in 1961. He is professor emeritus and past chairman, Department of Economics, University of Minnesota, where he taught from 1961 to 2008 and held several other administrative positions. He has been a consultant in forensic economics since the late 1960s.

    Dr. Foster has analyzed cases related to individual plaintiffs and to class actions for plaintiff and defendant, the U. S. Attorney’s office (Minneapolis), and the Minnesota Attorney General's office. Much of his consulting for the government was also concerned with valuing costs and benefits from government investment projects, including those in health and safety that require the valuation of human lives, and those that require evaluation of corporate investment opportunities. Much of his teaching, research, and research carried out under his supervision by graduate students has been in this same area of cost-benefit analysis.

    Litigation Support - Dr. Foster specializes in Loss Analysis in civil litigation. He advises both plaintiff and defense attorneys on cases involving Personal Injury / Wrongful Death, Employment Disputes, and Lost Business Profits cases.

    Dr. Foster has provided approximately 2,000 independent reports and evaluation of opposing experts' reports in the past 40 years, and testified often in Federal and State courts (AK, IA, MN, OH, ND, NV, SD, WI).
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    L. Lamar Blount
    CPA/CFF, FHFMA
    P.O. Box 2166
    Atlanta GA 30077-2166
    USA
    phone: 770-645-5989
    fax: 770-282-8410
    During 30+ years of serving the Healthcare Industry, Mr. Blount has served more than 300 clients in 30 states in the areas of Reasonable Charges (UCR), Medical Billing; False Claims, Regulatory Compliance, Reimbursement, Damage Quantification, and Financial Management.

    Mr. Blount is a Fellow and Certified Financial Professional in HFMA, member of the American Institute & Georgia Society of CPAs, and National Association of Health Underwriters, and has been an Arbitrator for American Health Lawyers Association. He has been admitted as an expert in multiple US District and State Courts and Administrative Hearings, and has testified for plaintiffs and defendants, providers, payors and government clients.

    A nationally recognized author, Mr. Blount has co-authored AMA’s best selling "Mastering the Reimbursement Process" book.

    Expertise Includes:
  • Accounting
  • APCs
  • Business Damages
  • Contractual Disputes
  • Cost Reports
  • DRGs
  • ERISA
  • False Claims - Fraud
  • HIPAA
  • ICD & CPT Coding
  • Insurance
  • Rate Setting
  • Self Disclosure
  • Valuations
  • CV and Legal references provided upon request.
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    Dawn M. Adams, PHR
    W307 N6380 Shore Acres Rd.
    Hartland WI 53029
    USA
    phone: 414-659-4553
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    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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    Steven Plitt
    Senior Member
    The Cavanagh Law Firm
    1850 N. Central Avenue
    Suite 2400
    Phoenix AZ 85004
    USA
    phone: 602-322-4038
    fax: 602-322-4100
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    Steven Plitt Liability Insurance Expert PhotoFor 32 years, Steven Plitt has represented policyholders / insureds in litigation and trial as well as representing insurance companies in Insurance Coverage and Bad Faith matters. During his career, he has reviewed more than 6,000 claim files from more than 100 insurance companies. He has regularly consulted with all levels of claim department management from claim adjusters, supervisors, branch claim managers, claim-legal personnel and executive level insurance company management.

    Mr. Plitt has also consulted with underwriting departments and participated with insurance company product development units and claims-legal to draft insurance policy language. He has reviewed and analyzed a broad spectrum of testimony from claims adjusters, claims management, claims attorneys, underwriters and other insurance company management as well as other insurance experts. He has reviewed an extensive variety of claims manuals, claims guidelines and other claims directives and practices.

    Mr. Plitt is a nationally recognized expert witness in insurance claim handling and bad faith cases and has been retained as an expert in more than 480+ cases venued in 30 states. He has qualified in both state and Federal Courts as a claims handling and insurance expert. He is currently an Adjunct Professor of Law at the University of Arizona where he teaches insurance law.

    Areas of Expertise:
    • Insurance Extra-contractual
    • Bad Faith Claims / Breach of Contract Claims
    • Claims Handling Practices
    • Unfair Claims Practices
    • Policy Interpretation
    • Coverage Denials
  • Property & Casualty Insurance
  • Personal & Commercial Lines
  • Surplus Lines
  • Excess & Umbrella Insurance
  • Insurance Agent / Broker Errors & Omissions
  • Miscellaneous Coverage
  • Mr. Plitt has an LL.M. in Insurance from the University of Connecticut. He is the current successor author to COUCH ON INSURANCE 3D where he and his team are rewriting and revising the entire treatise. He has written other books on insurance law. He has published in excess of 320 law reviews and other professional publications on insurance law in addition to his books. Mr. Plitt has been cited by the Supreme Courts of 29 states, the Intermediate Appellate Courts in 20 states, 10 of the Federal Circuit Courts of Appeal, 37 Federal District Courts, and the Federal Court of Claims. He has been cited in 87 scholarly articles.

    Steven Plitt has been continuously listed as a top 50 lawyer in Arizona (2007-2014) by SOUTHWEST SUPER LAWYERS®, has been listed in BEST LAWYERS® since 2007 (insurance), and was named the Insurance Lawyer of the Year by BEST LAWYERS® in 2012 for Phoenix. He is a Fellow in the American College of Coverage and Extracontractual Counsel and a Member of the American Law Institute where he is a consultive member on the development of the RESTATEMENT OF LIABILITY INSURANCE.
    Steven Plitt, et al
    Written by leading attorneys in insurance practice around the country, this book provides leading-edge discussion of insurance ramifications of major disasters. It provides varied perspectives on handling insurance coverage cases, with tips for almost any kind of situation that arises.
    Steven Plitt, et al
    This guide to the investigation and successful evaluation of automobile coverage and injury claims provides practical information in three ways. First, it provides a comprehensive discussion, with extensive case citation regarding policy interpretation, liability coverage, bad faith, unfair claims practices, and negligence.
    Steven Plitt, et al
    This is one of the most comprehensive, practical guides available for handling insurance liability cases. It explains essential legal concepts for handling basic insurance liability coverage questions.
    Steven Plitt, et al
    This new edition reflects law and practices governing insurance issues today. It offers definitive treatment on practically all types of insurance, including life, property, health and accident, liability and indemnity, automobile, fidelity guarantee, contract guarantee, group, reinsurance, annuities, governmental life and disability, ERISA, and COBRA.
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    Captain Kit Darby
    President
    1029 Peachtree Pkwy N. S-352
    Peachtree City GA 30269
    USA
    phone: 678-833-5620 or 877-334-2939
    fax: 770-487-6617 or Cell 678-776-5633
    Kit Darby was the president of AIR, Inc., the largest Career Information Resource company for pilots for 25 years. Mr. Darby Provides Answers and Statistical Data, but also Guidance through the Constantly Changing Aviation Industry. He works with Military, General Aviation, Corporate, and Commuter Pilots transitioning to the larger airlines. Mr. Darby provides complete, timely, and accurate career information to help pilots make informed decisions throughout their job search and to assist them in their career development as an airline pilot. Retired United Airlines captain, airline and military instructor pilot.

    AIR-Experts Services Provided:
  • Pilot Career Earnings and Employability Models
  • Depositions and Trials
  • Expert Witness and Litigation Support
  • Case Preparation and Analysis
  • Pilot Forecasting:
  • Pilot Hiring and Equipment forecast
  • Economic Forecast
  • Pilot Supply and Demand
  • Pilot Hiring
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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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    Groton MA 01450
    USA
    phone: 617-872-2307
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    John Valentine Banking Finance Expert PhotoJohn W. Valentine is an attorney with more than 40 years of experience – over 30 of which are in Custody Banking, ERISA Fiduciary, Benefits and Asset Servicing work. He has served as an expert witness in global custody and asset servicing matters for private litigants as well as the SEC, and is available for either plaintiffs or defendants.

    Prior to starting Valentine Law in 2009, Mr. Valentine: headed the legal office of Mellon Bank (later BNY-Mellon) in Everett, MA for 11 years; was in-house counsel to Chase Manhattan Bank’s Trust and Custody operations for almost 10 years; and for 7 years was Labor and Benefits counsel for Lever Brothers Company.

    Mr. Valentine was an active participant in the ERISA Attorney’s Group and helped found the Association of Global Custodians. As such, he knows and has helped influence industry practices as well as regulations and regulatory policies affecting Institutional Investors.

    His extensive in-house experience is unique. His insider knowledge of procedures and operations is invaluable in analyzing investment losses involving bank custody or service provider negligence. He can help draft strong Complaints that will survive attack, as well as effective Answers and Counter-Claims. Because he knows internal structures and operations, he can also help conduct more effective discovery –in demanding and analyzing key materials -- as well as identifying issues which might otherwise be missed -- to develop a winning strategy.

    His reports and opinions are authoritative and persuasive.

    Areas of Expertise:
    • Directed Trustee and Custodial Agreements, Duties and Operations
    • Best Practices for Pension Funds, Mutual Funds, Endowments / Foundations, Corporate Assets, Hedge Funds
    • Trade Settlement Operations
    • Settlement, Custody and Documentation of Non-Traditional Investments, including Limited Partnerships, LLCs, GICs / GACs, Group Trusts, and Hedge Funds
    • Derivatives Processing, Reporting and Documentation for both bi-lateral and exchange-traded derivatives
    • Collateral and Account Control Agreements and Duties
    • Foreign Exchange, including ERISA Exemption Procedures
    • Valuation of Assets, including hard-to-value assets
    • Selection, Oversight, and Management of Sub-Custodians
    • Foreign Tax Reclaim Administration
    • Corporate Actions
    • Proxy Voting
    • Company Stock
    • Collective Investment Funds, including STIFs
    • Luxembourg and Irish Fund Administration
    • Bank Deposit Vehicles
    • Overdraft Facilities
    • Risk and Compliance Department Function / Risk Mitigation / Risk Controls
    • Mutual Fund Back-Office, Accounting and Administration
    • Rules 17f-5 and 7 for foreign custody of US Mutual Fund assets
    • The Custody Rule applicable to Investment Managers
    • ERISA plan asset issues
    • ERISA foreign asset custody rules
    • ERISA prohibited transactions
    View John Valentine's Consulting Profile.
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