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Securities (General) Expert Witnesses

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Craig Wolson
Expert Witness and Consultant
One Grand Central Place, 60 E. 42nd Street
Suite 4600
New York NY 10165
USA
phone: 203-858-4804
Craig A. Wolson acts as a Structured Finance and Derivatives Expert Witness and Consultant. He specializes in cases involving credit default swaps (CDS), collateralized debt obligations (CDOs), mortgage-backed securities (MBS) and other types of derivatives and securities.

Background Experience Includes: Acting on behalf of 40,000 investors in $1.6 billion class action suit against bankrupt sponsor of special purpose issuer of notes secured by notes issued by CDO and credit default swaps with sponsor; acting on behalf of class led by two major pension funds against a major bank and numerous large underwriters involving mortgage-backed securities issued by several vehices established by the bank, and securities issued by the bank; acting on behalf of large investment bank defendant in arbitration proceeding brought by another large investment bank involving nine CDOS established by defendant; acting on behalf of large bank that had invested in now-worthless notes issued by SIV established by defendant banks; acting on behalf of large bank against another large bank that had sold the former CDOs and CDS.

Areas of Expertise:
  • Securitizations
  • Derivatives
  • Securities Law and Corporate Finance
  • Loans and Credit Facilities
  • Due Diligence
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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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    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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    Keith Underwood, MBA
    FX Expert Witness
    315 Madison Ave, 24th Fl.
    New York NY 10017
    USA
    phone: 917-860-0208
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    Keith Underwood is a respected 25-year veteran of the Global Foreign Exchange market where he earned a reputation as a formidable FX derivatives portfolio manager and business architect. He is an expert in market practice and in the institutional structure and widespread trading strategies commonly employed by traders.

    Background Experience - Mr. Underwood has managed spot, forward, option, and NDF traders globally. In the course of building customer franchise businesses for US investment banks and European commercial banks, his endeavors carried him to every major trading center in the world. He spent 17 years in the London FX market and eight years in New York. He is a dual citizen of the US and the United Kingdom.

    Throughout his career, Mr. Underwood has held several managing director positions at global FX banks including Lloyds Banking Group, Standard Chartered, Credit Agricole, Lehman Brothers, and Morgan Stanley.

    Litigation Support - Keith Underwood provides expert witness services to top multinational law firms on cases involving Loss Attribution, Product Identification, Derivative Pricing, and Trader Reasoning. His services include detailed written reports and testimony when needed. Mr. Underwood's specialized knowledge is available to attorneys representing both Plaintiff and Defendant.

    Areas of Expertise:
    • Currency, Product, and Trade Detail Identification: Investigations and forensic deal deconstruction
    • Valuation and Pricing: Expertise in the pricing of derivatives and historical pricing
    • Data Solutions: Consolidate and mine key historical trade and market data for analysis
    • Trade Blotter Analysis: Identify abnormalities, off-market prices and practices, or inconsistencies in connection with trading activity
    • FX Market Speak: Translate industry language and provide clarity to complex market practices
    • FX Best Practice: Providing best practice global guidelines from the foreign exchange committees worldwide

    View Keith Underwood's Consulting Profile.
    5/13/2016 · Finance
    Between the Delloite 2016 Global FX Survey and the FIREapps Q4 2015 Currency Impact Report, it appears that treasurers and CFO's have resigned themselves to accepting emerging markets currency risks. A deeper dive into the surveys reveals that the FX exposures to hedge (if known because its too expensive to track) can't necessarily be trusted (can't verify hedging numbers), and the high volatility price of EM currency pairs makes it difficult. My advice to those with responsibility for hedging currency exposures is to budget for currency exposure reporting software for 2017, put in place a hedging policy and procedure document that is board approved, and ensure that zero cost collars are utilized to hedge EM exposures.

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    2418 Teaberry Glen
    Escondido CA 92027
    USA
    phone: 858-395-8694
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    Charles L. Stanley CFP, ChFC, AIF, has over 25 years of experience as a Financial Advisor. A partner in WorthPointe, LLC, a Wealth Management firm with offices in San Diego, CA and Austin, TX, he provides investment advisory services to private clients, many of whom are Trustees and fiduciaries under the Uniform Prudent Investor Act.

    Litigation Support - Mr. Stanley has been providing expert witness and consulting services in cases relating to the Uniform Prudent Investor Act since 1998. As an Accredited Investment Fiduciary®, he has received special training in prudent fiduciary practices.

    Mr. Stanley applies over 25 years of experience as an Investment Advisor to trustees on behalf of attorneys who require clear, concise opinions on disputes between trustees and beneficiaries regarding the investment and management of trust assets as required under the Uniform Prudent Investor Act. His areas of expertise include Estates, Financial Matters, and Securities.

    Specialty Focus:
    • Uniform Prudent Investor Act
    • Prudent Investor Rule
    • Fiduciary Practices
    • Trust Investing
  • Trust & Estates Litigation
  • Fiduciary Duty / Fiduciary Practices
  • Lack of Diversification
  • Partial Treatment of Beneficiaries
  • View Charles Stanley's Consulting Profile.
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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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    Ian Allport
    Information Technology Consultant
    New York NY 10022
    USA
    phone: 212-813-0403
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    Ian Allport Intellectual Property Expert PhotoIan Allport, principal at Radical Software & Consulting Inc., has over 30 years of experience in the Financial Services and Information Technology industry.

    Background Experience - For over 25 years Mr. Allport worked in various roles in the financial services industry. He has experience in developing applications for many business types and has operated at many different levels of responsibility including project management, application design, and programming. In those roles, he provided technology solutions and was intimately involved in the creation of new business platforms. At all times, Mr. Allport has been strongly aligned with the business operations in companies.

    Litigation Support - Since 2000, Mr. Allport has provided litigation services for legal firms throughout the United States and Canada in the area of infringement of intellectual property, namely: Patents, Copyrights, and Theft of Intellectual Property. His cases have included subject matter related to:
    • Financial Service Applications
    • Health Care Services
    • Medication Dispensing Software
    • ATM and Point of Sale Transaction Processing
    • Check Image Processing
    Areas of Expertise:

    Patents - Ian Allport has extensive experience in automated trading, including algorithmic and high frequency technology. These skills have been utilized on cases including Reuters vs. Bloomberg, LLC in a patent infringement litigation and a case of potential patent infringement involving automated execution platforms. Mr. Allport creates and examines claim charts, provides input to attorneys evaluating the validity of a patent, and performs detailed code and processing analysis of an application that potentially violate a patent.

    Copyrights - To determine if a copyright has been violated, Mr. Allport utilizes analytical skills including abstraction, filtration and comparison, standards of substantially similar, look and feel protection, virtually identical analysis, and a detailed examination of the processes used in conjunction with the potential violating application. These tasks culminate in a report detailing whether or not the copyright was violated and, if so, the manner in which it was done including the use of copyright case history to highlight how conclusions were drawn.

    Theft of Intellectual Property - Mr. Allport examines motives, defendant skill sets, opportunity, and the systems in question to determine if IP theft has occurred. Extensive reports are created based on his findings.
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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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    Gontran de Quillacq
    Securities Consultant / Quantitative Portfolio Manager
    NY / NJ
    USA
    phone: 732-533-9066
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    Gontran de Quillacq has over 20 years of Securities experience specializing in Portfolio Management, Equity Derivatives Trading, Proprietary Trading and Investment Research. He has worked with top-tier banks and hedge funds in both London and New York.

    Background Experience - A proprietary and derivatives trader, Mr. de Quillacq traded derivatives, from vanillas to exotics. As a portfolio manager, he researched and managed investment strategies, delivered both in hedge fund and in structured note formats. He actually initiated the distribution of investment strategies with derivatives, an activity now called 'portable alpha' and 'smart beta'. For five years, Mr. de Quillacq then ran due diligence on investments strategies and selected senior investment personnel for some of the world’s most famous and most demanding hedge funds and asset managers - portfolio managers, analysts, quants, CIOs, CROS. In 2017, he co-founded a quantitative fund deploying the latest machine learning techniques in global long/short equities.

    Litigation Support - Mr. de Quillacq's investment experience and cross-sectional review of other professionals give him unique experience on what can be done, what should be done, what should not be done, and the grey areas in-between. During a personal case against HSBC, his legal team was so impressed by his wide and thorough knowledge in finance, his capacity to explain complicated ideas in simple terms, and his strong performance on the stand, that they strongly recommended he expand his litigation support services.

    Mr. de Quillacq's services are available to attorneys representing plaintiff and defendant and include written reports, deposition, arbitration, mediation, and trial testimony as needed.

    Areas of Expertise:
    • Investments and Trading: Securities and derivatives (stock options, swaps, exotics...), structured products, complex financial instruments, benchmarks manipulation (Libor, FX, indices), liquidity management, statistical arbitrage and algorithmic trading, portfolio construction and risks, management fees, broker dealers, hedge funds
    • Recruitment and Employment: Front-office personnel, portfolio managers, traders, quants, analysts, broker-dealers, compensation, due diligence, U5
    • Supported Practice Areas: Financial fraud & litigation, commodities & securities manipulation, white-collar crime, broker-dealers, hedge funds, investigations, enforcement, whistleblowing, alternative dispute resolution, FINRA arbitrations


    Education / Training:
    • HEC Paris, MBA Finance, 1995
    • US Berkeley, visiting scholar, differential algebra, 1993
    • Ecole Superieure d'Electricite, doctoral degree (DEA), 1993
    • Stanford Research Institute, international fellow, atomic physics, 1992
    • Ecole Normale Superieure de Lyon, MS theoretical physics, 1992
    • Ecole d'Application du Train, lieutenant, 1990<
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    Michael B. McDonald, PhD
    Financial Economist
    76 English Lane
    Shelton CT 06484
    USA
    phone: 203-302-0367
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    Michael B. McDonald, PhD, is a professional Financial Economist with a PhD in finance, and a significant background working in finance. His consulting clients and professional work experience includes engagements for Fortune 500 companies, government regulators, and institutional investors.

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

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

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

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

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

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    Douglas E. Johnston, Jr.
    Managing Director
    100 Wilshire Boulevard, Suite 940
    Santa Monica CA 90401
    USA
    phone: 310-917-1075
    fax: 310-393-9205
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    Douglas E. Johnston, Jr., is an expert witness in banking and corporate finance. He has 30 years experience across the US in senior management of leading Banking, Private Equity/Mergers and Acquisitions and Real Estate companies.

    Trained at a major AAA-rated East Coast bank, honored early in his career as a bank President, and confirmed by regulators in a Class 1 rated bank, Doug Johnston managed five full-service banking offices in Texas and California over 11 additional years, before expanding into mergers & acquisitions as EVP-Finance and Administration and a Founding Father of the largest private company in Los Angeles. He has due diligence, negotiation, documentation, and monitoring experience including as a lender, borrower, buyer, seller, manager and/or co-investor in hundreds of transactions including the service, technology, manufacturing, and real estate sectors across the US and also in Europe, with over $2 Billion in closed transactions. His over 3 decades in banking and finance management includes Bank Operations, Regulations, Credit Underwriting, Financial Statements, Commitments, Loan Agreements, Deeds, Guarantees, Purchase and Sale Agreements, Ventures, and Equity Partnerships, plus analysis of the strengths and weaknesses of the parties. Doug is a published author on banking and finance topics since 2008, he is a past President of the Century City Rotary Club, and he is a frequent speaker to Advance Placement high school juniors in South Central Los Angeles under the Youth Business Alliance program.

    Litigation Support – Five Management, LLC and Doug Johnston provide complex business litigation support in Banking, Mergers and Acquisitions, Private Equity, Due Diligence and Lender Liability for counsel representing Plaintiff and Defense. Mr. Johnston has provided litigation support in breach, misrepresentation, fraud and other actions in complex Business, Family and Employment cases since 2010.

    Areas of Expertise:
    • Banking & Lending
    • Policy & Regulations
    • Mergers & Acquisitions
    • Corporate Finance
    • Private Equity
    • Due Diligence
    • Operating Management
  • Leveraged Buyouts
  • Equity Syndications
  • International Business
  • Foreign Currencies
  • Hedging
  • Commodities
  • Marketing & Development
  • View Douglas Johnston's Consulting Profile.
    1/17/2017 · Real Estate
    Experts in the emerging field of data analytics now provide attorneys with powerful new tools to transform and evaluate 'data dumps' exchanged during legal discovery. While many national-scope firms have developed in-house data analytics skills, regional and local firms now also have full access to third party state-of-the-art processing algorithms and optical scanning software that convert paper images to analyzable data. Over the past five years, refinements in data analytics techniques and document review software have moved to the forefront of litigation support to dramatically change the landscape of discovery. To improve case outcomes, outside experts in data analytics look to: 1) get more out of the available case data, 2) reduce human error and risk, and 3) save 30-70% (or more) in costs and time. Several examples below illustrate the case for advanced analytics.

    2/26/2016 · Banking
    Negative interest rates are a confusing topic and they may be heading to the U.S. this year. Many Americans ask what they mean and why this is all happening. Since 2014, leading European central banks have initiated 'negative interest' policies as an economic stimulus measure by means of large government-issued or sovereign bond activities. Negative rates begin where major buyers of low-risk government bonds agree to accept a return less than their original investment when the bonds mature. Since Government bond rates are the bellwether for corporate bond rates, these once-improbable 'negative interest' bonds soon become a major influence in major bank bond portfolios. The Federal Reserve and U.S. banks are now looking at them.

    7/10/2015 · Banking
    While financial market observers in the US remain focused on the timing and magnitude of the Fed raising target interest rates over the months ahead, European bond markets have begun to experience just the opposite - the never-before-seen phenomenon of actual negative bond market interest rates. Since the Global Crisis of 2008, which saw both the Fed and foreign central bankers seeking both to calm markets and to encourage growth by reducing rates to the 'zero bound,' interest rates for bellwether German bonds and across Europe in late 2014 crossed into negative territory, and for the first time in world history.

    6/12/2015 · Finance
    As billionaire Warren Buffet once noted, "Price is what you pay. Value is what you get." Interested buyers, investors and bankers looking at new initiatives with companies often share similar objectives in 'kicking the tires' to be sure a target company has properly documented its business activities. On the other side of the transaction, the subject company's Founder, Board of Directors, CEO, Chief Financial Officer, Chief Operating Officer, Accounting and/or other departments can find themselves overwhelmed by the volume of documentation requests. Third parties can test the bounds of both courtesy and reasonableness before committing to and funding a new transaction.

    5/12/2015 · Finance
    The emergence of structured finance products over twenty-five years ago enabled major commercial banks and investment houses to develop higher volumes of real estate, credit cards, automobiles and other asset-based loans in new and often more profitable ways. Historically, lenders normally generated these types of loans as portfolio loans, where the bank kept and monitored these loans on its own balance sheet and at its own risk. But beginning in the late 1980's, banks began to investigate taking an intermediary or conduit role for certain types of loan portfolios. When generating loans which met the advance underwriting criteria of large investors, banks and loan originators recognized they could simultaneously generate large fees and also promptly move these 'tailored' loan portfolios off the bank's books, by pre-packaging them for investor third parties.

    4/14/2015 · Finance
    "When it happens to you, you'll know it's true." Old Proverb A financial expert witness experienced in the due diligence process and in complex business negotiations can help unlock the valuation issues at the core of many business disputes. Merger and acquisition-related lawsuits can become an exercise in piecing together both the timing and materiality of various communications by representatives from both parties. Analysis of the specific due diligence activities undertaken and the data exchanged can yield key answers. With a full understanding of the processes and communications developed in due diligence and underwriting, business disputes can be more readily resolved.

    3/12/2015 · Economics
    Several important economic factors appear to be moving unfavorably for the US at the moment, both domestically and abroad, and there are increasing indications that America may not be able to orchestrate a global resurgence on its own. Despite encouraging signs of domestic recovery, fundamental structural problems persist in the US economy. The National Debt now exceeds $18 Trillion, the Department of Agriculture confirms that well over 46 million Americans continue on food stamps, and key voices have stepped forward asking for a deeper look at several U.S. economic statistics. Last week long-time Gallup CEO Jim Clinton very boldly drew attention to the government's recent 5.6% unemployment numbers, questioning them as overly optimistic interpretations of data, and noting on CNBC that the percentage of Americans holding full-time jobs is now the lowest in 60 years.

    2/13/2015 · Finance
    With the Federal Reserve's wide-ranging efforts to address the ongoing Credit Crisis through unprecedented money-creation activities, we are now likely witnessing the final phases of the U.S. Dollar's 64-year reign as the primary global reserve currency. Few Americans understand the implications of this dramatically unfolding global sea-change.

    1/14/2015 · Finance
    The global monetary system which was laid out by the Allied nations at Bretton Woods, New Hampshire, in 1944 is nearing its end, and daily we move closer to the threshold of a financial new world order. The United States, having created the most powerful economic system yet devised by man, and having earned global 'reserve currency status' for the US Dollar through America's unequalled military and economic power as the victor of two World Wars, is now nearing the unthinkable loss of the global financial dominance of the Dollar. Following the residential real estate 'Bubble' of 2002-2006, the sub-prime Credit Crisis of 2007, and the broader global financial meltdown which has followed, the U.S. has experienced dramatically declining levels of core lending & general economic activity.

    5/11/2015
    "In his most recent article about the never-before-in-history advent of negative interest rates in Europe and the U.S., Douglas E. Johnston, Jr., Founder and CEO of California-based Five Management, LLC advisors addresses some of the early implications of this startling new market frontier, which was not even envisioned by John Maynard Keynes, the founder of modern economic theory."
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    W. Timothy Finn
    Managing Partner
    483 Emerald Hill Road
    Russell Springs KY 42642
    USA
    phone: 270-866-2566
    fax: 270-866-4624
    Financial Management Consulting Group is an affiliation of well-experienced consultants serving banking interests throughout the country. Our years of experience, as bankers, as bank consultants, and as regulators provide valuable insight into case matters.

    We can assist both from the industry perspective and from the regulatory perspective, offering a comprehensive assessment and well supported opinion. We have qualified as experts in numerous State and Federal jurisdictions, and on numerous banking related matters. We are dedicated to providing clients with quality, results-oriented service.
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    Daniel Reser
    President
    369-B Third Street, #543
    San Rafael CA 94901
    USA
    phone: 415-482-9513
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    Daniel Reser is a trusted Fiduciary and Registered Investment Advisor. Prior to his role at Fiduciary Services, Inc., he served as Vice President and Manager for Wilmington Trust based in Santa Monica, CA, also of Bank of America, and Security Pacific Bank. Mr. Reser also has a JD from Southern Methodist University. In 1989, he graduated from the UCLA John Anderson Graduate School of Management Executive Program.

    Mr. Reser is considered a highly effective and capable trust fiduciary due to his legal training, his extensive experience as a fiduciary for corporate reorganizations and retirement plans as well as his reputation for ethical business practices and pragmatic management style. He has been a corporate fiduciary for corporate securities and reorganization transactions as well as trustee and custodian of retirement plans for over 25 years. During his career, Mr. Reser has administered and managed a wide variety of Governmental, Corporate and Union Retirement Plans as plan trustee. His current role as principal of an investment advisory firm includes acting as Fiduciary for Company Stock in Retirement Plans including ESOPs.

    Areas of Expertise:
    • Leveraged and Unleveraged ESOP Transactions
    • Acquisitions and Sales of Employer Stock by Company Retirement plans
    • Company Stock in Other Qualified Plans
    • ERISA Sec. 404 (c) protection for Employer Stock
    • Pass-through Voting and Tender Offer Decision Making
    • Management and Divestiture of Shares
    • Satisfying Independent Fiduciary Requirement for Meeting Prohibited Transaction Exemption in Connection with Settlement of Litigation Per P.T. Exemption 2003-39 of 12-31-03
    • Orphan Plans
    • Rabbi trusts
    View Consulting Profile.
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    Michael K. Smith, NFA, FINRA
    Bozeman MT USA
    phone: 630-531-1000
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    Michael K. Smith, NFA, FINRA is a highly experienced Financial Services Executive and Finance Professional with over 40 years dedicated to high-end client representation and large-scale regional management.

    As Managing Director and as Regional Manager since 1997, Mr. Smith was responsible for all aspects of the securities and banking activities within the Midwest region for three major firms: Lehman Brothers, Barclays Wealth and Citi Private Bank. He was responsible for supervising more than 50 registered representatives.

    From 1982 to 1997, Mr. Smith was a dedicated Top Producer accustomed to results-based rewards for services provided to Morgan Stanley’s ultra high net worth clients (UHNW). He specialized in developing and executing solutions to meet complex financial objectives. This period was highlighted by providing substantial agency, principal and fiduciary related transactional and investment management business for top-tier clients with $25MM - $10B net worth.

    Mr. Smith offers substantive experience and expertise in the following:
    • Options
    • Futures
    • Commodities
    • Common Stock, Preferred Stock
    • Municipal Bonds
    • Corporate Bonds
  • Hedge Funds
  • Margin & Lending
  • Derivative Securities
  • Limited Partnerships
  • Mutual Funds & ETF's
  • Discretionary Managed Assets
  • Litigation Support - Michael Smith has distilled his 40 year career in Securities and Banking into a focused expert practice. His nationwide services are requested when a client is contemplating filing an arbitration claim or after an arbitration claim or suit has been filed. He acts as an expert witness for plaintiffs or defendants involved in the following claims:
    • Misrepresentation
    • Unsuitable Trading
    • Breach of Fiduciary Duties
    • Failure to Supervise
    • Omission of Facts
    • Negligence
    • Churning
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    Kelly Hickel
    Co-Founder and Main Contact
    950 3rd. Avenue
    17th Floor
    New York NY 10022
    USA
    phone: 212-486-3600
    fax: 303-484-5374
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    Expert Witness Consulting Services, LLC (EWCS) provides a range of services to law firms, litigation trustees and others engaged in expert witness and related activities. We provide up-front assessment of cases, drafting assistance in writing the economic core of complaints; other consulting expert work; and testifying expert witness reports and testimony.

    As an affiliate of Gordian Group (one of the leading national restructuring investment banking firms), EWCS can tap Gordian's vast experience in litigation assignments, particularly relating to matters involving solvency, valuation, fairness and Board of Directors responsibilities. In addition, EWCS has built a nationwide cadre of other independent experts so that we can assist law firms and mediators in finding the right expert for each case.

    The EWCS professionals have substantial experience in most industries, including but not limited to aerospace and defense; consumer goods; electronic technology; finance and insurance; food and beverages; heavy industry and manufacturing; life sciences; metals & mining; oil & gas and energy; real estate and hospitality; and retail and apparel. Their experts have done transactions within these segments, and use their “real world” experience in approaching projects.

    Areas of Expertise:
    • Financial Services
    • Economics
    • Restructuring
    • Bankruptcy
    • International Business (particularly in Asia)
    • Fiduciary Duties
    • Private Placements
    • Damages
  • Equity Compensation
  • Market Assessments
  • Business Valuations
  • Manufacturing
  • Pharmaceuticals
  • Technology
  • Intellectual Property / Patents
  • Other Intangible Assets
  • Henry Owsley Financing Expert PhotoHenry F. Owsley, Co-founder at EWCS, has extensive experience in a variety of Financing, Restructuring, Advisory, and Merger Transactions. He earned a Master of Science Degree from MIT’s Sloan School of Management in 1979.

    Mr. Owsley co-founded Goldman Sachs’ Technology Group and founded and ran Goldman Sachs' Workout Group. He is the co-author of Distressed Investment Banking: To the Abyss and Back – 2nd Edition, (Beard Books, 2015), Equity Holders Under Siege: Strategies and Tactics for Distressed Businesses (Beard Books, 2014).

    Mr. Owsley's selected significant engagements include American Airlines, Antioch, Ben & Jerry’s Homemade, Cogent/3M, Heilig-Meyers, Integrated Electronic Services, LTV Steel, MiniScribe, Mississippi Chemical Corporation, Montreal, Maine & Atlantic Railroad, Morrison Knudsen, LTV, Ogden Corporation, Olympia & York, Osyka Petroleum, Phar-Mor, Solutia, Spansion, Stereotaxis, Summit Global Logistics, ThermaCELL, Tracor United Rentals and Zale/Gordon’s Jewelers.

    Peter Kaufman Investment Banking Expert PhotoPeter S. Kaufman, Partner at EWCS, joined Gordian Group in 1990 and is Gordian’s President and Head of Restructuring and Distressed M&A. He has extensive experience in a variety of Financing, Restructuring, Advisory, Merger Transactions, and Private Equity advisory services. Mr. Kaufman earned a JD from the University of Virginia School of Law in 1978.

    A Founding Co-Chair of American Bankruptcy Institute’s ("ABI") Committee on Investment Banking, Corporate Finance and M&A, Mr. Kaufman is frequently asked to speak and comment on national television programs, including CNBC and CNN, on matters relating to insolvency and corporate reorganization, and on national panels such as National Conference of Bankruptcy Judges; Turnaround and Management conferences; ABI conferences, on topics such as financial restructurings, complex or distressed M&A, valuation issues and fiduciary obligations of directors in insolvent situations.

    Mr. Kaufman is consistently ranked as one of the ten leading investment bankers involved in bankruptcies and financial restructurings by The Deal and has been ranked #1. In November 2015, Mr. Kaufman was inducted into the M&A Advisor Hall of Fame at the 14th Annual M&A Advisor Awards Gala in New York City.

    David Herman Financial Restructuring Expert PhotoDavid L. Herman, Partner at Gordian Group, joined the firm in 2000, has been recognized as one of the top 10 leading Investment Bankers in Financial Restructurings by The Deal.

    Mr. Herman has led many advisory and restructuring engagements as well as numerous litigation support and expert witness assignments. Key engagements have included Enron, Integrated Electrical Services, Laclede Steel, LTV Steel, Mississippi Chemical Corporation, Parmalat, RAB Food Group, Solutia, Spansion, Summit Global Logistics, United Rentals, and WestPoint International.
    Henry F. Owsley, et al
    This classic book is an authoritative source about the restructuring of troubled companies. It provides an insider's view on the methods and complexities of this highly specialized area of investment banking. Owsley and Kaufman are widely acknowledged leaders in this field and are the senior partners at Gordian Group, a top-tier boutique investment banking firm headquartered in New York. Gordian Group advises mid-sized companies in financial distress. They provide unconflicted advice to boards of directors interested in recoveries of shareholders.
    Henry F. Owsley, et al
    A must-read for all constituencies of distressed companies -- owners, creditors, buyers and professionals. Owsley and Kaufman apply principles of asymmetric warfare to the "zero sum" game of restructurings. With a sophisticated approach and tongue-in-cheek humor, Equity Holders Under Siege gives readers an unvarnished behind-the-scenes look into the real world rough and tumble of negotiating on behalf of "under water" owners.
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