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Securities Finance Expert Witnesses

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William H. Purcell
Investment Banking Expert Witness
225 Cedar Ridge Road
Bedminster NJ 07921
USA
phone: (908) 781-1803; cell: (908) 581-1203
fax: (908) 781-5865
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Education:
  • Princeton, 1964 (B.A., Economics, with honors)
  • NYU Business School, 1966 (MBA, Top of class)
  • Expertise: Mr. Purcell has over 40 years of experience in every area of investment banking including the following:
  • Mergers & Acquisitions
  • Leveraged Buyouts and Recapitalizations
  • Fairness Opinions and Fairness Issues
  • Adequacy Opinions
  • Solvency Opinions
  • Bankruptcy issues, including fraudulent conveyance
  • Valuations
  • Advice to Special Committees of Boards
  • Due Diligence and Disclosure Issues
  • Fiduciary Issues
  • Damage issues and analysis
  • Lender Liability
  • Fee issues
  • Document Interpretation and Standards from investment banking point of views
  • Criminal cases involving alleged securities violations and insider trading
  • Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
  • Venture Capital
  • Leasing and Real Estate Financing
  • Background: Mr. Purcell was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. He also has served as interim CEO of a public company and has served on Boards of Directors. Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area.

    Mr. Purcell has been an expert in more than 100 cases with over 100 Law Firms, including cases for the SEC, IRS and the DOJ. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

    View Consulting Profile.
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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    USA
    phone: 949-263-8700
    fax: 949-263-0770
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    MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 30 years.

    Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.

    Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.

    Areas of Expertise Include:
  • Banking Operations/Administration
  • Check Fraud
  • Lending Policies, Custom and Practice
  • Loan Underwriting & Credit Administration
  • Sub Prime Loan Originations, Underwriting, Securitizations & Servicing
  • Bankruptcy, Foreclosures and Workouts
  • Trust & Fiduciary Issues / Operations
  • Securities Brokerage & Investments
  • Valuations & Damages Analysis
  • Forensic Accounting
  • Employment / Compensation
  • Real Estate Brokerage & Management
  • Title Insurance & Escrow
  • Real Estate Appraisal & Transactions
  • Insurance Industry Custom & Practice
  • Insurance Coverages / Claims Handling
  • Insurance Bad Faith
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    Alistair Hynd
    5 Old Bailey
    London EC4M 7AF
    GBR
    phone: 44-207-0028732
    fax: 44-207-0028895
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    Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling. Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers.

    Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:
  • Financial Adviser to the Government – structuring projects, evaluating bids, and negotiating detail
  • Financial Adviser to the Consortium – assembling the bid, refining and optimising it, and acting as interface with funding markets
  • Acting for the Banks and other Lenders - providing reassurance that the model on which they are lending is fit for purpose.
  • Other Services Include

  • Capital Markets: Reporting Accountants, Flotation e.g. advice on Financial Structuring, Accounting Systems and Policies, Share Option, Director / Employer Benefits, Audit and Taxation services
  • Due Diligence: Historic Performance, Cash Flows, Assets and Liabilities, Forecasts, Working Capital Requirements, Financial Systems and Controls, Taxation
  • Mergers and Acquisitions / Private Equity:Preparing / Maximise Value from Business Sales, Negotiate Terms and Raise Private Equity / Debt Finance to Support Management Buy Out or Buy In, Raising Private Equity / Debt Finance for Growth, Cash Out or Recapitalisation, etc.
  • Valuations: Shares, Businesses, Options and Warrants, Various Derivatives, Brands and other Intellectual Property, Film and Media Rights,Income Producing Assets
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    Bob Lawson, CFE®, AIF®, RFC®, LUTCF®
    Securities & Insurance Expert Witness | FINRA Arbitrator
    3800 American Boulevard West
    Suite 1110
    Bloomington MN 55431-4460
    USA
    phone: 800-741-0704
    fax: 952-835-1504
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    Securities ExpertCertified Fraud ExaminerMr. Bob Lawson, AIF®, CFE®, RFC®, LUTCF, is a Securities & Insurance Expert Witness retained for FINRA arbitration, mediation, and federal/civil court litigation. Mr. Lawson possesses over 30 years of experience within the securities and insurance industries. In 1988, Mr. Lawson founded Barrington Capital Management, Inc., a Registered Investment Advisory firm and Insurance Agency, and currently serves as the President and Chief Compliance Officer.

    In addition, Mr. Lawson presides as a FINRA & NFA Dispute Resolution Arbitrator for disputes concerning public and private investors, financial services professionals, broker-dealers, and dually-registered investment advisers. Claims often arise regarding breach of fiduciary duties, employment disputes, conflicts of interest, churning, unsuitable investments, and failure to supervise, among others. Mr. Lawson also serves as a public mediator and is a Qualified Neutral under Minnesota Rule 114 of Standard Practice in Mediation and Arbitration.

    His breadth of experience includes managing and supervising FINRA broker-dealer branch offices as a Registered Securities Principal, Options Principal, and Chief Compliance Officer. Mr. Lawson also has considerable experience with insurance products including variable annuities, fixed and indexed annuities, long term care, and life insurance. Mr. Lawson possesses numerous accolades and is certified as an Accredited Investment Fiduciary (AIF®), Certified Fraud Examiner (CFE®), Registered Financial Consultant (RFC®), and a Life Underwriter Training Council Fellow (LUTCF®).

    Retaining Mr. Lawson as an Expert Witness and Litigation Consultant will clarify and address relevant issues pertaining to your case from an insider's point of view. Upon a thorough examination and analysis of the case material, Mr. Lawson’s conclusions and opinions are impartial, objective, and predicated upon years of industry expertise and experience. Expert testimony and reports are supported by thorough and detailed research through case-specific analysis.

    Areas of Expertise:
    • FINRA & SEC Regulations
    • Breach of Fiduciary Duty
    • Promissory Notes
    • Securities Fraud Investigations
    • Ponzi Schemes
    • Options, Stocks & Bonds
    • Due Diligence
    • FINRA Arbitration
    • Professional Malpractice
    • Economic Damages & Losses
    • Employment Discrimination & Termination
    Services:
    • Litigation Consulting
    • Unbiased Case Analysis
    • Discovery Review & Recommendations
    • Portfolio Risk Reports
    • Securities Fraud Investigation
    • Damage Calculations
    • Expert Testimony
    View Bob Lawson's Consulting Profile.
    7/11/2017 · Securities
    In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person effecting or soliciting the sale of securities or investment products not held or approved with whom the broker is affiliated without prior written consent. FINRA regulators have seen a steady flow of selling-away cases over the years involving registered representatives who are being targeted by issuers, promoters and marketing agents to sell their nontraditional investment products to their retail customers. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person. In a significant number of cases, associated persons have sold these investments to their customers away from the broker-dealer and without firm approval as required by FINRA Rule 3270. Selling-away often occurs in an independent branch or a satellite office, where Associated Persons are removed from the day-to-day oversight and supervision of their brokerage firm's compliance department.

    9/23/2015 · Finance
    I receive phone calls throughout the year from attorneys who have taken on their first FINRA case and they frequently are unaware how the FINRA Dispute Resolution process differs from other venues. I thought it would be helpful to provide a quick overview for new participants and a refresher for those more experienced securities attorneys on how the FINRA Arbitration and Mediation process works.

    8/26/2015 · Finance
    In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.

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    Prof. J. Gregory Sidak
    1717 K Street, NW
    Suite 900
    Washington DC 20006
    USA
    phone: 202-518-5121
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    Gregory Sidak Antitrust Economics ExpertJ. Gregory Sidak is an Expert Economist in the fields of Damages, Antitrust, Patent, Telecommunications Regulation, Commercial and Investment Arbitration, and Intellectual Property Law. Prof. Sidak is Chairman of Criterion Economics, L.L.C. in Washington, D.C. The focus of his research has been regulation of network industries, antitrust policy, the Internet and electronic commerce, intellectual property, and constitutional law issues concerning economic regulation.

    Prof. Sidak formerly served as Deputy General Counsel of the Federal Communications Commission and as Senior Counsel and Economist to the Council of Economic Advisers in the Executive Office of the President. His writings have been cited by the Supreme Court of the United States, the U.S. Court of Appeals for the D.C. Circuit, and lower state supreme courts. He has also been cited by the Supreme Court of Canada, the European Commission, the Federal Trade Commission, and other regulatory agencies.

    In a typical engagement, Gregory Sidak assists senior management and outside counsel in devising and executing a litigation or regulatory strategy for addressing a consequential challenge or opportunity. Although he also serves as a court-appointed neutral expert, his typical clients are Fortune 500 companies or their overseas counterparts. Prof. Sidak's comparative advantage is applying economic analysis to novel legal questions that can materially affect the company’s enterprise value. He excels at communicating to legal decision makers the relevance of that economic analysis to answering the pertinent legal questions.

    Areas of Expertise:
    • Damages and Valuation - Trade Secrets, Trademark, Trade Dress, Copyright Infringement, False Advertising, Licensing (Know-How), Patents
    • Technology Disputes
    • Claims of Monopolization Antitrust & Unfair Competition
    • Administrative Proceedings
    • Price-Fixing & Dominance Allegations
    • Trade & Distribution Agreements
    • Competition Regulation and Enforcement in the US and EU
    View Consulting Profile.
    6/17/2015 · Telecommunication
    Regulators in many countries have asserted that setting asymmetric mobile termination rates (MTRs) between the incumbent mobile telephony operator and its smaller rivals is an efficacious means by which to help entrants attain efficient scale. We investigate empirically the efficacy of this policy experiment using data from a global sample of 34 countries from 1996 through 2014. We estimate a model that relates operators' long-run market shares to initial entry conditions and the degree of asymmetry among MTRs using an instrumental variables (IV) strategy. The estimates imply that a high degree of asymmetry among MTRs lowers an entrant's long-run market share by roughly 4 percentage points compared with a regime of symmetric MTRs, and the effect is roughly constant across market penetration levels. Furthermore, mobile operators tend to perform better when entering markets with higher levels of concentration and lower levels of market penetration. Our novel findings cast doubt on the efficacy of imposing asymmetric MTRs as a means to achieve greater equality of competitive outcomes. Our findings inform the larger body of theoretical literature on the pricing of interconnection and network access.

    5/18/2015 · Patents
    Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I show that the SEP holder's contractual obligations still permit it to seek an injunction. A FRAND commitment requires the SEP holder to offer a license for the SEPs on FRAND terms (or otherwise to grant implementers access to the SEPs). Extending an offer containing a price within the FRAND range discharges the SEP holder's contractual obligation.

    4/17/2015 · Telecommunication
    In 2005, Ofcom, then telecommunications regulator in the United Kingdom, implemented functional separation of British Telecom plc (BT), separating its wholesale and retail services. BT established a division within the company, Openreach, to provide equal access to its local access network and backhaul products. The tenth anniversary of this regulatory and corporate experiment is an appropriate moment to ask whether functionally separating Openreach from BT benefited consumers. We find that Openreach's creation generated short-run consumer benefits in the form of lower prices but also led to negative long-run effects, which outweighed the short-term price reduction.

    3/18/2015 · Insurance
    Google distributes proprietary applications for its open-source Android mobile operating system (OS) free of charge. Some of those applications (apps) are offered together as a suite of apps known as Google Mobile Services (GMS). Manufacturers of mobile devices can agree, pursuant to Google's Mobile Application Distribution Agreement (MADA), to install the suite of apps on their devices at a price of zero. Some theorize that Google's policy of offering some applications together as a suite of apps harms competitors or menaces consumer welfare.

    2/10/2015 · Patents
    Mark Lemley and Carl Shapiro propose that standard-setting organizations (SSOs) mandate that their members henceforth submit to binding, final-offer arbitration (commonly called "baseball arbitration") to set fair, reasonable, and nondiscriminatory (FRAND) royalties in licensing disputes concerning standard-essential patents (SEPs). SSOs should reject this proposal. It does not rest on sufficient facts or data, nor does it apply intellectually rigorous principles and methods of law and economics in a reliable manner. This is not to say that the voluntary use of arbitration to resolve FRAND licensing disputes is inherently problematic. However, the incremental efficiency that Lemley and Shapiro claim that their proposal would achieve over litigation or conventional commercial arbitration is illusory. For one, it is much harder to value a portfolio of SEPs over the span of five years than to value an individual baseball player for a single season.

    1/8/2015 · Patents
    What does it mean for a patent holder to commit to a standard-setting organization (SSO) to license its standard-essential patents (SEPs) on fair, reasonable, and nondiscriminatory (FRAND) terms? When is a royalty FRAND? Drawing from both legal theory and economic theory, I propose an interpretation of FRAND that distinguishes and reconciles the conflicting definitions of FRANDand provides courts a practical approach to identifying FRAND royalties

    12/4/2014 · Economics
    Complex civil litigation routinely includes expert economic testimony. However, determining which expert economist is more credible may confound a lay jury. It may even confound the judge when ruling on the admissibility of expert economic testimony during the Daubert hearing.1 One solution rarely employed is for the court to appoint its own neutral economic expert under Rule 706 of the Federal Rules of Evidence2 when a lawsuit contains a claim for damages that will require rigorous analysis of data. Based on my recent experience as Judge Richard Posner's court-appointed neutral economic expert on damages in patent infringement litigation, I explain in this article how the wider use of Rule 706 would assist the judge and jury and would facilitate the prompt settlement of intellectual property, antitrust, securities, contract, business tort, and other complex disputes.3 The benefits to courts and litigants would surely exceed the costs.

    9/23/2014 · Telecommunication
    As part of the Modification of Final Judgment (MFJ) that implemented the divestiture of the Bell operating companies (BOCs) from AT&T on January 1, 1984, the BOCs were forbidden to carry telephone calls from one local access and transport area LATA) to another. Although the Telecommunications Act of 1996 superseded the MFJ, it retained the BOCs' interLATA prohibition and established, in section 271, a process – involving each state public utilities commission, the Federal Communications Commission (FCC), and the Department of Justice (DOJ), acting on a state-by-state basis – by which the BOCs could earn regulatory approval to enter the interLATA market within the regions in which they provide local exchange service. As of September 1, 2002, the BOCs had received section 271 authorizations to provide in-region interLATA service in fifteen states.

    8/19/2014 · Antitrust
    A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this article presents the economic questions relevant to evaluating the competitive consequences of acquisitions by partially privatized firms. It predicts gains or losses to various constituencies of producer groups.

    7/15/2014 · Antitrust
    In this review of John Lott's book, Are Predatory Commitments Credible?: Who Should the Courts Believe?, we find that Lott is more successful in pointing out the likelihood of predatory pricing by public enterprises than in proving that predatory pricing by private enterprises does not occur. In Part I of this Review, we critique Lott's theoretical and empirical attempts to show that predatory pricing by private firms is implausible.

    6/6/2014 · Economics
    Mail delivery is one of the few economic activities that has avoided the wave of deregulation and privatization that has swept network industries over the last few decades. This Article examines several questions regarding the business activities of Canada Post Corporation in a competitive environment. What should be the appropriate mandate of Canada Post? If Canada Post is a natural monopoly, what form of regulation best serves Canadian consumers? If Canada Post's delivery of letter mail is not a natural monopoly, what basis exists for retaining Canada Post's current statutory monopoly? What potential exists for Canada Post to abuse its statutory monopoly-and other statutory privileges and immunities-to compete unfairly against efficient private suppliers of postal services?

    5/1/2014 · Economics
    Few phrases in public policy have become so overused so quickly as the information highway. Although it is unclear to many what that superhighway is or will be, this uncertainty has not prevented proposals to regulate the superhighway from being made. In this Article, we examine the economic principles that should govern competition and regulatory policies concerning the development and operation of the information superhighway.

    3/28/2014 · Antitrust
    Since 1975, when the debate over monopolistic predation began to boil in courts and universities, most discussion has focused on predatory pricing. And although the allegation of predatory innovation arose in some well-known litigation involving Kodak and IBM, lawyers and economists have produced little credible work explaining how this phenomenon can occur, let alone how it should be identified and remedied if deemed to threaten consumer welfare.

    2/19/2014 · Antitrust
    Antitrust law currently lacks a unified theory of liability and damages. But the Supreme Court's recent acceptance of consumer welfare as the goal of antitrust law underscores a growing judicial inclination to construe antitrust liability rules to encourage efficient production and efficient resource allocation. As the Court reconstructs the law of antitrust liability, it should also revise the law of antitrust damages by defining the rights created by those damage measures to accomplish specific economic goals.

    1/21/2014 · Antitrust
    A routine defensive tactic of targets of hostile tender offers is to seek a preliminary injunction under section 16 of the Clayton Act on the ground that the offeror's acquisition of the target's stock would effect a merger violating section 7 of the Act. The litigation costs that an antitrust injunction imposes on an offeror seems unlikely to exceed the offeror's risk-adjusted expected benefit from the takeover. In this Article, I discuss several reasons why the possibility of delay tendes to discourage a potential offeror from ever making a tender offer.

    12/13/2013 · Antitrust
    Through its antitrust enforcement system, society allocates resources to deter anticompetitive behavior. Antitrust enforcement is costly because prosecutors and judges mischaracterize some competitive or efficiency-enhancing behavior as horizontal collusion. In this early application of the Polinsky-Shavell argument about the tradeoff between the probability and magnitude of fines, this essay argues that, given prosecutorial and judicial error, society will not optimally allocate its antitrust enforcement resources by threatening price fixers with exorbitant economic penalties that have only a minimal probability of being enforced.

    11/11/2013 · Antitrust
    Current controversies over patent policy place standard-setting organizations (SSOs) on a collision course with antitrust law. Recent theoretical research conjectures that, in an SSO, patent owners can "hold up" patent users in the sense of demanding high royalties for a patented input after the SSO has adopted the patented technology as an industry standard and manufacturers within the SSO have incurred sunk costs to design end products that incorporate that standard.

    9/23/2013 · Antitrust
    We examine the consumer-welfare implications of Google's project to scan a large proportion of the world's books into digital form and to make these works accessible to consumers through Google Book Search (GBS). In response to a class action alleging copyright infringement, Google has agreed to a settlement with the plaintiffs, which include the Authors Guild and the Association of American Publishers.

    8/19/2013 · Antitrust
    We favor revision of the Horizontal Merger Guidelines.1 Our preliminary comments in this essay are based on a work in progress that we provisionally entitle, "Favoring Dynamic Competition over Static Competition."

    7/31/2013 · Antitrust
    Competition authorities in foreign jurisdictions have recently adopted or are considering guidelines on applying competition law to intellectual property rights (IPR). A common concern that certain exercises of IPR can restrict competition underlies IPR provisions that would enable competition authorities to compel holders of IPR to license their IP at regulated royalties.

    7/16/2013 · Antitrust
    The OECD's proposed regime of asymmetric ex ante regulation for Mexico's telecommunications marketplace would reduce competition, contrary to the OECD's aims. The OECD's proposals would harm Mexican consumers and force an increase in prices paid for telecommunications services. They would create a government-sanctioned price cartel among the telecommunications providers.

    6/24/2013 · Antitrust
    A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization.

    6/5/2013 · Antitrust
    agencies in the United States and the European Union began investigating Google's search practices in 2010. Google's critics have consisted mainly of its competitors, particularly Microsoft, Yelp, TripAdvisor, and other search engines.

    5/6/2013 · Antitrust
    The landmark Microsoft case raises challenging questions concerning antitrust remedies. In this Article, we propose a framework for assessing the costs and benefits of different remedies, particularly divestiture, in monopolization cases involving network industries.

    4/2/2013 · Antitrust
    What is the proper legal standard for product integration involving software? Because software is subject to low marginal costs, network effects, and rapid technological innovation, the Supreme Court's existing antitrust rules on tying arrangements, which evolved from industries not possessing such characteristics, are inappropriate.

    2/28/2013 · Antitrust
    A “price squeeze,” or “margin squeeze,” is a theory of antitrust liability under section 2 of the Sherman Act that concerns a vertically integrated monopolist that sells its upstream bottleneck input to firms that compete with the monopolist’s production of a downstream product sold to end users.

    The Telecommunications Act of 1996 sets forth extensive provisions to unbundle the local telecommunications network to encourage the development of a competitive market for local telephone.

    10/22/2012 · Antitrust
    The September 2009 announcement that the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice have initiated a review of the Horizontal Merger Guidelines provides a formal process for redefining the proper role of dynamic competition in antitrust law.

    J. Gregory Sidak, Dan Maldoom, Richard A.D. Marsden, Hal J. Singer
    The Brussels Round Table, a forum of leading EU telecommunications operators and equipment manufacturers, commissioned these articles. They examine the deployment of broadband in European countries and make policy recommendations related to telecommunications regulation. Specific topics include pricing flexibility, competition, growth potential, likely future dynamics, competition, investment opportunities, eliminating excess regulation, facilitating longer-term points of view, and suggestions for transparent and competition-neutral subsidies.
    J. Gregory Sidak
    This book addresses deregulatory policies that threaten to reduce or destroy the value of private property in network industries without any accompanying payment of just compensation, policies that are termed "deregulatory takings." The authors further consider the problem of renegotiation of the regulatory contract, which changes the terms and conditions of operation of utility companies.
    J. Gregory Sidak
    Restrictions on foreign investment in U.S. telecommunications firms have harmed the interests of American consumers and investors, argues J. Gregory Sidak in this convincing study. Sidak shows why these restrictions, originally intended to protect America from the perils of wireless telegraphy by foreign agents, should be repealed...
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    Dr. Karina Sneiderova, MBA, ICFA, ASI
    Vice President
    Headquarters
    Rue General Dufour 22
    Geneva CH-1211
    CHE
    phone: 41-225-752-948
    fax: 41-225-948-025
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    Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management.

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

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

    Services Offered:

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

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

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

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

  • Carlo Scevola and Karina Sneiderova
    Intended as a unique source of inspiration for effective business organization and tax planning, as well as a quick and easy reference book, the Offshore Jurisdictions Guide is a comprehensive and objective guide to offshore jurisdictions offering personal taxation and business opportunities. Providing a solid overview of 100 jurisdictions around the world, this is an essential handbook for financial experts, legal advisors, consultants, and the general public.
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    Charles Porten, CFA
    CFA, President
    9 Little Fox Lane
    Weston CT 06883
    USA
    phone: 203-454-4615
    fax: 203-227-2763
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    Charles Porten, CFA, is a Registered Investment Advisor, Chartered Financial Analyst, and investment expert with more than 30 years of experience in portfolio management of trust and advisory accounts, brokerage accounts, hedge funds and mutual funds, due diligence procedures, and compliance issues. His clients include attorneys, individuals, banks, investment advisors, broker-dealers, corporations, and the SEC.

    Background Experience - Mr. Porten has an extensive background within broker-dealer, investment advisor and bank trust environments and overseeing organizations staffed by as many as 100 personnel in managing asset bases as high as $20 billion. He has been an analyst, research director, portfolio manager, chief investment officer, business manager, and registered representative at four leading financial institutions. He has also been a guest lecturer at Harvard Law School and serves as a FINRA arbitrator.

    Litigation Support - Mr. Porten has testified over 75 times in court, depositions and arbitrations. He has been qualified to testify as an expert witness for both plaintiff and defendant on matters including:
    • Fiduciary Duty
    • Hedge Funds
    • Mutual Funds
    • Trusts and Estates
    • Variable Annuities
    • Investment Advisor
    • Brokerage Accounts
    • Portfolio Management
    • Due Diligence
    • Supervision
  • Standards of Care
  • SEC
  • Exchange Funds
  • ETF's
  • ERISA
  • IRA's
  • Securities Fraud
  • Acquisions
  • Suitability
  • Compliance Issues
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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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    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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    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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    Richard Payne
    57 Union Place Suite 316
    Summit NJ 07901
    USA
    phone: 908-277-0250
    fax: 908-277-3391
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    Richard Payne is a Mortgage Banking Expert and Managing Partner for Payne Advisory, LLC. He has served as lead advisor for the RTC at Prudential Securities for Mortgage Securitizations and on the Regional Advisory Boards of both FNMA and Freddie Mac. Mr. Payne has also served as President and CEO of several large and small cap mortgage banking firms.

    Areas of Expertise include:
  • Expert Witness services
  • Put-Back Reviews
  • Mortgage Risk Evaluations
  • Loss Mitigation Strategies
  • Merger & Acquisition Advisory
  • Operational Overviews
  • Credit Reviews
  • Branch Reviews
  • Warehouse Evaluations
  • Board of Director Training
  • Government Relations
  • Hard Money Lending
  • Mortgage Capital Markets
  • Distressed Asset Reviews
  • Specialty Servicer Reviews


  • Payne Advisory, LLC, has thirty years of Wall Street and Main Street experience and assists Companies to proactively address mortgage crisis issues. Its consultants include Lisa Jones who specializes in all aspects of residential mortgage banking, state and federal regulatory compliance, underwriting, credit risk and loss mitigation.
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    Peter W. Leibundgut, Esq.
    333 Stoney Brook Ln
    Marlton NJ 08053
    USA
    phone: 8569128470
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    Peter W. Leibundgut, Esq., has 30 years of transactional, public, and private commercial and real estate finance, legal and bank consulting experience. He currently provides a range of financial services to borrowers and domestic and foreign private and institutional investors in connection with structuring, placing, and conducting due diligence in Commercial and Real Estate Financing Transactions.

    Mr. Leibundgut has decades of experience performing due diligence investigations, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

    Litigation Support - Mr. Leibundgut serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. He has served as an expert, provided litigation support, rendered expert reports, and testified in cases involving several billion dollars over the last seven years. Three of his cases were nationally recognized and several were cases of first impression. Mr. Leibundgut has also represented the FDIC in forensic commercial loan review.

    Areas of Expertise:
    • Ponzi Schemes
    • Lender Liability
    • Legal Malpractice
    • Whole Bank Acquisitions
    • Shared Loss Matters
    • Fraud and Gross Negligence
    • Niche Lending
    • Contract Expertise
    • Factoring
    • Securitizations
    • Bonds
    • Syndications
    • Healthcare
  • Commercial Real Estate
  • P3s
  • Transportation
  • Purchase Orders
  • Public and Private Offerings
  • Letters of Credit
  • Secured and Unsecured Transactions
  • Bank Policy and Procedure
  • Bankruptcy
  • Derivatives
  • Equipment Leasing
  • Microfinance
  • Aircraft and Vessel Finance
  • View Peter Leibundgut'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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    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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    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