Commercial & Real Estate Finance & Financing Expert Witnesses: 13

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

Expertise: Mr. Purcell has over 50 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: William H. Purcell has been an Investment Banker for over 50 years. He 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. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. 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 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

 View Consulting Profile.

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 40 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
• Loan 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

Thomas A. Tarter, President of The Andela Consulting Group, Inc., Management, Financial and Advisory Services Involving Corporate Governance, Management, Compensation, Financial and Banking Matters. He has served on boards, assisted in corporate restructures and provided advisory services to a diverse group of clients including corporations, law firms, financial institutions and government agencies - including U.S. Small Business Administration and FDIC. Involved in over 1000 cases - national and international. 

Litigation Support - Mr. Tarter provides expert witness services to attorneys representing plaintiff and defense. His services include document review, thorough reporting, depositions, mediation, and trial testimony as needed.

Areas of Expertise:

Jon R. Simon is an experienced Finance and Investment Professional with decades of Consulting, Operations and Investing experience. He has a long and accomplished background in the Hotel and Vacation Ownership Industries where he has advised some of the largest U.S. investment funds, hospitality and gaming companies, and high net worth individuals.

Litigation Support - Mr. Simon addresses major complex commercial litigation at the individual plaintiff or defendant level (typically for the BOD), class action level, and in valuation actions brought in Delaware Chancery Court. Services include interrogatories, litigation strategy, expert witness opinions, expert witness testimony (deposition or trial), mediation assistance; calculation of damages and disgorgement, rebuttal opinions, and valuations.

Hospitality and Shared Ownership Industry Expertise: 

Litigation Experience:

• RCHFU, LLC et al v. Marriott Vacations Worldwide Corporation
• Flora Gillespie and Bruce Gillespie et al, vs St. Regis Club New York Inc., Starwood Hotels and Resorts Worldwide, Marriott International Inc. et al
• RCHFU LLC, et al vs. Marriott Vacations Worldwide Marriott Vacation Club, Ritz Carlton Hotel Management LLC et al
• Diamond Resorts International (Apollo Global Management) vs Select Plaintiff
• New York St. Regis Club Owners vs Starwood Vacation Club
• Eden Roc LLLP v. Marriott International Inc., et al., No. 651027/2012, N.Y. Sup., App. Div., 1st Dept.)

Background Experience - Jon R. Simon started his career at KPMG where he was elected to the partnership at the age of 31, making him the youngest full equity partner in the United States.  At KPMG he headed the firm’s hospitality and real estate consulting practice for the Southeast US, Latin America and the Caribbean focusing on hotels, mixed-use resorts and shared ownership.  He also served as a national acquisitions partner serving senior roles in some of the largest hospitality industry acquisitions.

Mr. Simon was recruited by Starwood Capital to be CEO of WorldStar Resorts, a hospitality investment company dedicated to the Vacation Ownership Industry.  In that capacity, Mr. Simon quickly grew the company from a start-up to over $100 million in annual revenues and 250 employees by the end of its first full year of operations.

After leaving Starwood, Mr. Simon was one of the 5 founding principals of a late-stage private equity fund oriented to the hospitality industry where he also assumed the role of Chief Investment Officer.  In his first full year, he oversaw the underwriting and closing of over $150 million of direct investments, representing over $500 million of asset value.

View Chasen Capital Advisors, Inc.'s Consulting Profile.

Jack G. Cohen has been involved in the Private Money Lending and  Real Estate Industry for over 30 years. He is currently the managing member and director of a private money real estate lending, real estate development, and investment property management company. He is also the San Fernando Realty Real Estate Investment director of the California Bureau of Real Estate. 

Mr. Cohen has experience with commercial, residential, and retail real estate, and construction lending.

Litigation Support: Mr. Cohen has been retained as an expert witness in Real Estate related cases over 50 times since 1990. He represents both Plaintiff and Defense and is experienced with complex cases. His services include thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Dick Bridy, PhD, is a Commercial Real Estate expert and entrepreneur with over 40 years of Commercial Real Estate Development, Brokerage, Investment, Leasing, Private Equity Sourcing, Operations, Construction, and Asset Management experience. He is the CEO of DBI Group (DBI) and Bedrock Investments Group (BIG), Bedrock 1st Mortgage, DBI Commercial Real Estate, and a principal of DBI Asset Management. 

Background Experience - Dr. Bridy and his team entitled and built two shopping centers and five single tenant properties. In addition, he has contracted for the redevelopment of over 3.5 million sq. ft. in 14 shopping centers in the Midwest and the Western US.

An accomplished scholar, Dr. Bridy is a graduate of the Wharton School at the University of Pennsylvania with a B.Sc. in Economics. His graduate studies garnered academic honors recognition from the San Diego State University Graduate School of Business, the Marshall School at the University of Southern California, and the University of Phoenix, from which he received an MBA, EMBA, and PhD respectively.

For decades, Dr. Bridy has served on the boards of many prominent real estate organizations, including the National Association of Realtors, California Association of Realtors, San Diego County Commercial Association of Realtors, and CCIM.

Litigation Support - Dr. Dick Bridy delivers real estate expert witness testimony for the commercial real estate and brokerage industry nationwide. He has been engaged by both plaintiff and defense attorneys. As a commercial real estate CEO, investor, developer, asset manager, broker, and syndicator, Dr. Bridy is an excellent communicator, honed by many years in leadership and advisory positions in the commercial real estate industry and as a Marine Corps officer.

Services include consultation, case review, technical investigation, IME’s, research, laboratory work (in-house or otherwise), report preparation, depositions, arbitration, mediation, court appearances, standby, cancellation of court deposition, and travel. 

Areas of Expertise: 

View Bedrock Consulting Group's Consulting Profile.

Ken Miller, JD, has over 40 years of experience practicing Law, primarily in the area of Commercial Real Estate Transactions. Since 1999, he has represented clients in the successful closing of over $7 billion of commercial real estate transactions throughout the United States, primarily involving net leased properties.

Litigation Support - Mr. Miller provides expert witness services to law firms representing clients in real estate litigation in California. He has qualified (and testified) as an expert witness on two occasions in lawsuits involving commercial real estate. 

Areas of Expertise:

Mr. Miller's recent transactions include over $1 billion in sale-leasebacks with public companies, such as Walgreens, Citibank, BMO Harris Bank, Rite Aid, and Pep Boys; the roughly $100 million acquisition of the Alcon Laboratories contact lens manufacturing facility subject to the Alcon lease; the acquisition of the 664,000 square foot Dow Texas Innovation Center; residual value financings; credit tenant lease financings; and the acquisition of remainder interests in over two million square feet of commercial property. 

Mr. Miller obtained his Bachelor of Arts from Hamilton College (summa cum laude) in 1978 and his JD from Stanford Law School in 1981. He has been admitted to practice in California since 1981 and is a resident of Gorman & Miller's Santa Monica office. He has been selected by his peers as a Super Lawyer (2022-2024).

P. Marc Fischer, MBA, CPM^®, RPA^®, CCIM^®, LEED^® GA, BOMA Fellow 

Marc Fischer is a nationally recognized Commercial Real Estate (CRE) expert with more than 30 years of proven performance in the fields of property management, building operations, and asset management. He is widely recognized as an innovative and dynamic leader, and he teaches, writes, and speaks to audiences around the world about CRE topics.

Litigation Support - As an expert witness, Mr. Fischer assists landlord and tenant counsel in finding the truth. His services include thorough reporting, depositions, and trial testimony as needed. Mr. Fischer supports both plaintiff and defendant counsel in a variety of real estate related issues including:

Highlights Include:

• 30 years of experience in all aspects of commercial real estate (CRE) property management, asset management, property operations, and construction
• MBA in Management / Organizational Behavior

Industry Designations:

• Real Property Administrator (RPA®)
• Certified Property Manager (CPM®) Designee
• Certified Commercial Investment Member (CCIM®) Designee
• LEED® Green Associate
• BOMA Fellow

Author of eight (8) CRE textbooks published by BOMA International (all translated into Mandarin):

• Acquisitions, Dispositions & Underwriting textbook
• Measuring Financial Returns textbook
• Lease Analysis, Evaluation, Negotiation, and Approval textbook
• Foundations of Real Estate Management textbook
• BOMA International Proactive Maintenance Guidebook for Industrial Properties
• Managing Industrial Properties
• Guide to Developing a Standard Operating Procedure Manual
• BOMA International Guide to Exterior Maintenance Manual

View InpiRE CRE, LLC's Consulting Profile.

Jay Hibert was in the Commercial Banking Industry for over 37 years before leaving to form his own company, a real estate lending and consulting company. The company provides services to banks, non-banks, and individuals in need of creative financing solutions.  Still an ACTIVE lender in the industry, Jay stays updated on current customs and practices and has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. His extensive credit background arms him with the understanding of how banks and other lenders operate internally.  

Litigation Experience - Mr. Hibert has been providing expert witness and consulting services since 2010. He has been designated over 175 times as an expert in 17 different states concerning matters relating to commercial lending, real estate, construction finance, SBA loans, brokerage, hard money loan expert and investment issues. His experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony. 

Jay is a licensed Real Estate Broker (CalBRE #01523) and for 10 years his company was a California Finance Lender and Broker through the California Department of Business Oversight. He is experienced in trial and deposition testimony and his services are available to counsel representing both Plaintiff and Defense. 

Key areas of expertise in litigation work include:

• SBA Real Estate Loans
• Hard Money Loans
• Lending Policies, Custom and Practice/Lender Liability
• Broker Standards of Care and Fiduciary Responsibility
• Loan Underwriting and Credit Administration
• Loan Process and Bank Loan Restructure/Workout Process
• Note Valuations/Collateral Review
• Litigation and Discovery Consulting
• Banking Operations/Administration
• Expert reports adherent to Federal Rule 26
• Hard Money Lending
• SBA Lending
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases
• Private Money Lending

*****Experienced in trial and deposition testimony*****

View Jay Hibert's Consulting Profile.

Steve M. McGurl, CMB, has been a Master Certified Mortgage Banker as designated by The Mortgage Bankers Association of America. A Certified Reverse Mortgage Consultant and an Accredited Mortgage Professional, he has over 35 years of Mortgage Banking experience.

Litigation Support - Steve has been on 12 or more expert cases that involve required mortgage expertise in MBS litigation, Fees, Reverse Mortgage requirements and more. He has been a Subject Matter Expert or Expert Witness on over 30 significant Mortgage Engagements.

Steve's primary focus has been providing solutions in the Regulatory Compliance and Fair Lending space for Mortgage Lenders, Banks, Credit Unions, and Law Firms. He has been an Executive in Operations, Sales, Credit, and Compliance at several Top 10 Lenders.

 Areas of Expertise:

Degrees / Certifications:

• Project Management Certificate, Villanova University, 2010
• Management Certificate, Wharton School of the University of Pennsylvania, 2023
• Scaling a Unicorn, $1Billion Business

Areas of Expertise:

Steven D. Epcar, CPM an Expert in Real Estate and Property Management Issues with 35+ years of experience;including residential, commercial, retail, hotel, condominium and mixed-use properties. Experienced in litigation support including standard of care, partnership conflicts, brokerage issues,landlord/tenant, valuation, personal injury, habitability, environmental, life safety cases. 

Steven is a member of the Forensic Expert Witness Association (FEWA).  He serves as a real estate consultant for institutional and private investors, providing an array of services: asset/property management related assignments, organizational assessments, financial feasibility, due diligence,and new development services. 

Previously, Mr. Epcar served as President, Residential Services for Carmel Partners a R/E investment/management firm in San Francisco, Principal/Founding Partner of Ventana Property Services, a West Coast third party management and consulting firm and President,Prometheus Management Group,a development/investment/management firm.

Areas of Expertise:

Salt Hill Statistical Consulting Alan Salzberg is Senior Statistician and Principal of Salt Hill. Dr. Salzberg's focus is statistical analysis, sampling, estimation, and modeling, especially using large or complex datasets. Many of Dr. Salzberg's consulting projects relate to the detection and measurement of bias or fraud. Dr. Salzberg has testified as an expert witness in statistics in multiple venues. Prior to joining Salt Hill, Alan was CEO at Analysis & Inference. He has also held positions at KPMG (in its Economic Consulting group) and at Morgan Stanley. Dr. Salzberg holds a Ph.D. in Statistics from the Wharton School of the University of Pennsylvania, where he also received a Bachelor of Science in Economics. For musings on everyday probability, see Dr. Salzberg's blog: "What are the chances?"