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Bankruptcy - Insolvency - Debt Counseling Expert Witnesses

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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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    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.

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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 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
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    J.F. Chip Morrow
    Nationwide coverage
    San Antonio ALL States 78261
    USA
    phone: 210-651-3749
    fax: 210-651-4076
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    Profile: 47+ yrs experience in financial, mortgage & business institutions including 17+ President, CEO & Director & 6+ director of a mortgage company. 15+ years of leadership/ directorships in national & state trade associations. Over 500 federal & state nationwide cases i for FDIC, FannieMae, financial institutions, mortgage companies, businesses, non-banks, individuals. Services provided: consulting, depositions, reports, affidavits & court testimonies.

    Expertise: Financial Institutions, Mortgage Institutions, Business, Real Estate. Residential mortgage loans,construction loans, commercial real estate loans, business loans, SBA; Operations; Fraud; Lender Liability; Policy & Procedures; Fiduciary Duties, D & O conduct, Other. Reports, depositions & court testimony in Federal, Bankruptcy & state courts.

  • 500+ nationwide cases working both for defendants and plaintiffs.

  • 20+ years of in-house, industry, and outside expert witness experience.

  • 75+ depositions taken and 35+ court appearances in both Federal and state courts.

  • Clients: FannieMae, FDIC, Freddie Mac, FHA, VA, Viacom, Wells Fargo Bank, State of CA, Bank of America, Amex, Citicorp Mortgage, Washington Mutual, Bank One, Long Beach Mortgage, EMC Mortgage, JPMorganChase Bank, PacifiCare, Beal Bank, Avnet, Fidelity Title & First American Title

  • Approximately 50% of cases are for financial institutions, 40% against financial institution and 10% are other.

  • Serving clients nationally— 40% plaintiffs and 60% defendants.

  • Resume, fee information and references provided on request.
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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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    Mark C. Riley, Co-Founder
    Susan E. C. Riley, Co-Founder
    14732 Vint Hill Road
    Nokesville VA 20181-1232
    USA
    phone: 757-642-8353
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    Bank Resources and Solutions is an executive management consulting group that has provided Financial, Operations, and Regulatory / Compliance consulting services nationwide to financial institutions, attorneys and regulatory authorities since 2008. Litigation Consulting, Forensic Research and Expert Witness work are an important focus of our services. We have worked with attorneys and regulators on suits throughout the United States. Their work has included both plaintiff and defendant financial institutions, borrowers, depositors and regulators.

    Areas of Litigation Support Expertise: FDIC Suits, Non-FDIC Suits, Bankruptcy Suits, Employee Criminal Actions / Bribery, Branch Operations, Bank Secrecy Act Policies / Procedures, Wire Transfers, New Account Fraud, Trust Account Fraud, Bank Negligence, Foreign Checks.

    Mark Riley Banking Operations Expert PhotoMark C. Riley is an experienced and successful former Bank Chief Executive Officer whose background includes leading the turnaround of two banks that had been operating under regulatory agreements upon arrival. Mr. Riley’s relevant experience was overseeing all areas of his banks including the development, approval, and implementation of effective risk management programs.

    For example, as CEO, Mr. Riley was involved in all phases of lending from business development to credit analysis and underwriting to overseeing loan approval and review process, providing due diligence of client bank loan portfolios, developing and overseeing workouts of nonperforming loans. This is particularly important in Expert Witness support as Mr. Riley’s background will carry more weight than technical specialists such as Loan Officers. Using loan officers, analysts and even lending group managers can provide the technical side of lending (underwriting, documentation, recordation and related nuts and bolts). As a Bank CEO & Director with lending expertise, Mr. Riley can provide all of that, but more importantly to a lawsuit, is knowledge of Director Loan Committees and their response to weaknesses that occurred in the technical side and what actions did they take to ameliorate or exacerbate the problem.

    Mr. Riley has provided Expert Witness services, including consulting, reports, depositions and testimony, to attorneys representing the FDIC, banks, bank clients, and related companies.

    Susan Riley banking Compliance Human Resources Expert PhotoSusan E. C. Riley is an experienced Senior Officer whose background includes the total responsibility for creating and managing the enterprise-wide systems of two denovo banks. Her relevant experience also includes creating and managing the Human Resources Department, Compliance, IT and IT Security, BSA/AML, ACH, Vendor Management, and related contract negotiations and Retail Bank Management.

    As co-founder of Bank Resources and Solutions, Mrs. Riley has analyzed, recommended, and implemented complex banking software within tight guidelines. She has established a solid reputation as a “no nonsense, identify the challenges, develop effective strategies and get the solutions in place” administrator.

    Mrs. Riley has provided Expert Witness research and consultation in client v. bank and bank v. client related matters.

    View Bank Resources and Solutions' Consulting Profile.
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    Brian H. Kelley
    23872 Marmara Bay
    Dana Point CA 92629
    USA
    phone: 213-944-8888
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    Brian H. Kelley is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.

    Litigation Support - Mr. Kelley provides expert testimony and litigation support to attorneys representing financial institutions, businesses, and individuals. His expert witness services include analysis of key issues, case strategy, depositions, opinions, and court testimony.

    Mr. Kelley's expertise has been called upon in State, Federal, Bankruptcy, and Arbitration Courts, having testified on behalf of FDIC, major banks, and financial institutions. He is a qualified expert in eights states and the District of Columbia.

    Areas of Expertise:
    • Consumer and Commercial Lending
    • Loan Underwriting
    • Bank Operations
    • Bank Compliance
    • Federal and State Regulation
    • Credit and Collection Practices
  • Bank Governance
  • Lender Liability
  • Loan Policy and Guidelines
  • Loan and Credit Review
  • Loan Workout
  • Loan Modification and HAMP Programs
  • Education / Training: BA and JD from Brigham Young University. Extensive professional course experience in loan underwriting, credit analysis, corporate finance, lending practices, etc.

    Degrees / Certifications: Admitted to the California, Utah and Hawaii Bar Associations. Past Director of Western Independent Bankers, California Bankers, American Bankers Association and Mortgage Bankers of America.

    View Brian Kelley's Consulting Profile.
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    James B. Wener, BSME, MBA
    Founder
    3132 North Volz Drive West
    Arlington Heights IL 60004
    USA
    phone: 847-927-5377
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    James Wener Business Systems Expert PhotoJames B. Wener, BSME, MBA is a Business Systems Consultant with over 45 years of experience in successfully managing small through very large projects and implementing a large number of computer systems for healthcare, manufacturing, and distribution organizations.

    Mr. Wener is a certified HIPAA professional, having performed several HIPAA compliance assessments, staff training programs, writing policies and procedures and developing and implementing HIPAA Breach Programs. Health care clients include Rush/Prudential Health Plans in Chicago, HMO Illinois, Mayo Clinic in Minnesota, Harris Health Plans in Dallas, HealthFirst in New York and Mercy Health Plans in Wisconsin and Illinois, Mercy Hospital in Chicago and other health maintenance organizations (HMOs).

    A Management Systems consultant since 1991, Mr. Wener has a significant record of accomplishment. His Information Technology (IT) projects include the implementation and management of a wide variety of application software systems. He has decades of experience in process automation for payers (health plans, third party administrators or TPAs), providers (hospital and physician groups), Management Service Organizations (MSOs), and clients in other industries. Mr. Wener specializes in:
    • Analyzing Operational Flow
    • Identifying Information Requirements
    • Preparing Vendor Requests for Proposal
    • Selecting, Developing, and Implementing Computerized Solutions
    Litigation Support - James B. Wener has been an expert witness for several plaintiffs and defendants regarding failed projects, failed system implementations, and HIPAA breaches. His extensive litigation support and expert witness engagements have focused on assisting attorneys in understanding the industrial and best practices related to the facts of their case, preparing the "message" that best represents the client's position, assisting in preparing pleadings, assisting in settlement negotiations, writing expert witness reports understandable to the non-professional, preparing for opposing side depositions, being deposed, and preparing for and appearing at trial.

    Areas of Expertise:
    • HIPAA Assessments
    • Failed System Implementation Projects
    • Intellectual Property Damages
    • Wrongful Employee Termination
    • Project Management
    • System Implementation
  • Systems Implementation Management
  • Disaster Recovery Planning
  • Breach of Patient Privacy
  • Software Company Bankruptcy
  • Failed Project Management
  • IT Advisor Independence
  • View James B. Wener's Consulting Profile.
    7/5/2018 · Computers
    Companies invest considerable time, effort and money when selecting and implementing a major mission critical computer system. Successfully completing the process can be complicated and frustrating; as a result, it doesn't take a lot for implementations to fail. The problem is that the business organization that undertook the implementation in the first place is stuck - stuck with the time, money and the inconvenience of not having the system they purchased. The company has not only left without the new system, they are back to using the systems that they originally thought so inadequate that they committed to spending the time and money for a new system.

    6/5/2018 · Computers
    Implementing a mission critical computer system has a significant impact upon a business organization. Successfully completing the process can be complicated and frustrating; as a result, it doesn't take a lot for the implementation to fail. Once an implementation fails, there is always enough blame to go around. The problem is that the business organization that undertook the implementation in the first place is stuck – stuck with the time, money and the inconvenience of not having the system they purchased. The company has not only left without the new system, they are back to using the systems that they originally thought sufficiently inadequate that they committed to spending the time and money for a new system. Successful litigation will help – but will not make them whole. But worse, a failed litigation only compounds the problem. Preparing the strategy for litigating a failed implementation takes time and thought. This article will take the reader through the development and implement of a litigation strategy that worked and discuss why it worked.

    3/29/2018 · Expert Witnessing
    The role of the litigation attorney is to tell a story to the arbiter in such a way to effectively represents the client's position. Often the attorney requires a person with unique expertise to understand and present technical information in a manner that is understandable to the lay person. Attorneys often determine the need for an expert witness after discovery and after depositions have been taken for many of the witnesses. In many cases this is too late for an expert to most effective. My experience as an expert witness has led me to recommend considering the use of an expert at the following times

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    John B. Schnure
    President
    224 Orchard Road
    North Barrington IL 60010-2155
    USA
    phone: 847-372-3009
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    John B. Schnure, President of Cambria Associates, has 40 years of experience in Banking, Bank Management, Lending, Loan Review Due Diligence, and Commercial Real Estate. He has worked with Cambria Associates for over 25 years and has worked with over 100 banks as clients over the years.

    Background - Mr. Schnure holds an MBA from Columbia University with majors in International Business and Real Estate, and a BBA from University of Cincinnati with a major in Finance. He has post-graduate study at Dartmouth College and University of Virginia Business Schools. Mr. Schnure has been President and CEO of three Chicago area banks/thrifts, and prior to that was Vice President of The Northern Trust Company in commercial lending and management.

    Litigation Support - John B. Schnure has successfully completed 15 expert witness engagements in the last 3 years in banking, lending, and/or real estate. The clients he represented prevailed in each case. His expertise is available to counsel representing both debtors and creditors.

    Areas of Expertise:
    • Bank Fraud
    • Banking Negligence
    • Due Diligence
    • Loan Policies
    • Banking / Regulatory Practice Violations
    • Underwriting
    • Closings
    • Servicing
    • Loan Review / Administration
    • Regulatory Repair
  • Role of Auditors
  • Insider Transactions
  • Workouts
  • Bankruptcy
  • Fiduciary Duties
  • Landlord / Tenant Disputes
  • Check Kiting
  • Lender Liability
  • Loan Document Compliance
  • Commercial Real Estate Lending
  • View Cambria Associates' Consulting Profile.
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    Darryl Horowitt, Esq.
    Partner & Chair Litigation Department
    499 West Shaw Avenue,Suite 116
    Fresno CA 93704
    USA
    phone: 559-248-4820
    fax: 559-248-4830
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    Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.

    Darryl Horowitt, Esq.Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).

    Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).

    Firm's Areas of Practice Include
  • Banking
  • Commercial Real Estate
  • Business
  • Casualty Insurance Defense
  • Construction Litigation and Transactions
  • Insurance Coverage
  • Environmental Law
  • Commercial Collections
  • Personal Injury Litigation
  • Alternative Dispute Resolution (mediation, arbitration and mini-trials)
  • Estate / Tax Planning
  • 8/23/2018 · Construction
    In a previous edition of Construction Alert we reported to you on White v. Cridlebaugh (2009) 178 Cal.App.4th 506, in which the court confirmed that an unlicensed contractor could be sued for recovery of funds, even though the owner had received a benefit from the work performed by the unlicensed contractor. In that case, the owner was unaware that the contractor was unlicensed until after the work was performed.

    7/24/2018 · Legal Issues
    It has long been a requirement that any subcontractor or material supplier seeking to enforce a mechanic's lien must first file a 20-day preliminary notice. The requirement existed before the California legislature revised laws relating to mechanic's liens and stop notices in 2012, and similar requirements exist after 2012.

    6/21/2018 · Construction
    The Public Contracts Code generally provides that contracts for certain dollar amounts, generally exceeding $15,000 to $25,000, must be sent out for bid and let to the lowest responsible bidder after appropriate notice is given. Public Contracts Code § 20803, which governs sanitary districts, contains such a requirement for any contract exceeding $15,000.

    California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.

    5/11/2018 · Construction
    The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.

    4/13/2018 · Real Estate
    Most contractors know that the mechanic's lien is one of the best remedies available to the contractor, laborer, and supplier because it allows for the foreclosure of real property if payment is not made for construction work and/or materials supplied to the project. What many contractors may be unsure of is on which projects a lien should be recorded.

    2/16/2018 · Attorney Fees
    Much has been discussed in the media regarding the fees lawyers charge. Some believe that they are excessive while others believe that due to their education and expertise, high rates are expected. What is not discussed, however, are the various methods lawyers use to determine how they will charge and what they will charge. This article will discuss the various billing practices that are available to you, the legal consumer.

    1/23/2018 · Legal Issues
    Other than dealing with the Government, perhaps the most frustrating aspect of running a business is the collection of unpaid debts from your customers. Every business at one time or another will be faced with the situation where goods and/or services have been provided, no complaints have been received, yet your customer refuses to pay. This monograph will serve to answer a few questions you may have regarding collections as they arise in the commercial setting.

    12/8/2017 · Insurance
    Unfortunately, many of us at one time or another, will be a victim of an automobile accident which was simply not our fault. If you are injured, the law provides that you may be entitled to recover monetary damages for hospital expenses, medical treatment, prescriptions, lost wages, and other damages for pain and suffering. The amount of such damages differs based upon your injuries.

    11/9/2017 · Mediation
    As litigation becomes more expensive, clients look to more cost-effective means of resolving their disputes. This requires an evaluation of alternative dispute resolution, otherwise known as ADR. Alternative dispute resolution includes non-court alternatives such as negotiations, mediations, arbitrations, mini trials, and early neutral evaluation. Courts have recognized the benefits of ADR in virtually every court in the state. The federal courts have also adopted ADR programs.

    As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have often taken over lawsuits as if e-discovery has a life of its own. This article will address the basics of e-discovery so that your business can start taking steps to minimize its impact.

    2/10/2016 · Insurance
    In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?

    11/20/2015 · Legal Issues
    Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.

    10/1/2015 · Finance
    It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.

    Litigation in our court system has become an expensive, time-consuming, and frus trating process which often yields undesired results. Nevertheless, a trial may be necessary to vindicate certain fundamental rights. For many disputes, however, there are alternatives to trial. This article addresses some of the alternatives, known collectively as "Alternative Dispute Resolution ('ADR')," and their potential benefit.

    Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.

    10/14/2014 · Forgery & Fraud
    Identity theft should be a concern to all because of its pervasiveness. One form of theft is the opening of a credit card account using a pre-approved credit card solicitation. You may have received one or more of these solicitations every day, if not every week. Sometimes, the same company will send more than one such solicitation. The credit card companies do this because they receive information from credit reporting agencies and those with acceptable credit scores are sent more attractive offers.

    7/25/2014 · Legal Issues
    Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.

    4/19/2012 · Banking
    Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.

    For many, the idea of owning your own business and being your own boss is alluring: you set your hours and you alone reap the rewards of your endeavors. Unfortunately, the road to success is often paved with many perils: employee costs continue to spiral as do the cost of goods; increased competition from other companies both here and abroad; more regulation from local, state and federal agencies; etc.

    11/17/2011 · Laws & Procedures
    On virtually any day of the week, you can pick up a newspaper and read about a lawsuit. You read the article and say to yourself: "There but for the grace of God go I." Then, the seemingly inevitable happens: You receive a letter from an attorney (or their client) that you are to be sued, or worse, you are served with a lawsuit.

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    Weston Anson, Chairman
    Jeff Anderson, Director, Valuation & Analytics
    7342 Girard Ave.
    La Jolla CA 92037
    USA
    phone: 858-454-9091 (Main) / 408-309-6808 (Jeff Anderson)
    Consor-Intellectual-Asset-Management-Logo.jpg
    CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

    Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:
    • Patents & Technology
    • Trademark & Corporate Brand Assets
    • Sports & Events Licensing
  • Celebrities & Publicity Rights
  • Copyrights, Media & Entertainment Assets
  • Estate & Tax-Related Issues
  • Weston Anson Intellectual Property Expert PhotoWeston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

    As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

    Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

    Jeff Anderson Intellectual Property Valuation Expert PhotoJeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

    Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

    Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

    View CONSOR's Consulting Profile.
    How have celebrity scents become huge licensing opportunities? Do you smell that? Fee-fi-fo-fum, I smell the growth of celebrity scents. Yes, not only is celebrity licensing in general seeing tremendous growth opportunities, but in particular, the business of licensing celebrity scents is experiencing a steady rise.

    Weston Anson
    The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.
    Weston Anson
    In a time of great economic, social and political change in the world, intellectual property is more important than ever. Given the current trouble surrounding businesses and portfolios, clients are actively seeking legal guidance and advisement to make wise decisions about intellectual property. IP Valuation and Management is an easy-to-use, concisely thorough reference. This book delves into how intellectual property is defined, grouped, valued, managed and monetized.
    Weston Anson
    Law school prepares students to be lawyers, but once they reach the real world, new attorneys often find they lack needed business knowledge. Not only are they uninformed about the management of their firms, but they are also unprepared to understand the needs of business clients. The Attorney's Guide to the Business Mind tackles this issue head on.
    Weston Anson
    This handbook is intended as a useful document for intangible asset management inquiries, with a special emphasis on licensing, transaction due diligence and bankruptcy. It attempts to help improve the management of companies with underleveraged intangible asset portfolios. Relevant exhibits, case studies, common terms, and a detailed index are also included.
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    Dr. Joseph D'Antoni
    Managing Principal
    3215 E. Foothill Boulevard
    Pasadena CA 91107
    USA
    phone: (Office) 626-440-7200 (Direct) 626-564-9800
    Joseph-DAntoni-Economics-Financial-Services-Expert-Photo.jpg
    Corporate Sciences, Inc. (CSI) is a highly regarded Economic Consulting Firm providing financial services to corporations, law firms, and government agencies. CSI professionals have served some of the world’s largest multinational corporations and law firms. Many of their team members hold advanced academic degrees and specialized credentials with extensive consulting experience in all the areas they provide service.

    Litigation Support - CSI has been assisting law firms and their clients in all aspects of litigation requiring Economic Accounting or Financial Expertise for over 40 years. Services are provided as consultants, testifying experts, arbitrators, and mediators. CSI professionals understand the complexity in the many stages of litigation including discovery, liability assessment, damage calculations, expert testimony, and critique of opposing expert opinions.

    CSI professionals have been through hundreds of engagements appearing in many venues including trials, ADR proceedings, and regulatory hearings. Their testimonial work is supported by state-of-the-art research, analysis and pragmatic business insight. CSI professionals are widely regarded for their ability to convey results of complex analysis and opinions in easy-to-understand language and demonstrative exhibits. Many of their cases have been large and complex often running into hundreds of millions and billions of dollars at stake.

    Areas of Expertise:
    • Real Estate
    • Construction
    • Intellectual Property
    • Insurance
    • Securities
    • Fraud
    • Banking
    • Forensic Accounting
    • Mergers and Acquisitions
    • Valuation/Appraisal Real Property
  • Breach of Contract Damages
  • Antitrust
  • Healthcare
  • Bankruptcy
  • Environmental
  • Labor and Employment
  • Financial Institutions
  • General Commercial Disputes
  • Design & Conduct Market Opinion Surveys
  • Valuation/Appraisal Business Entities
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    Dr. Terry R Smith, PhD
    President & CEO
    W10726 Woodland Rd.
    Bruce WI 54819
    USA
    phone: 608-335-0709
    fax: 206-202-6468
    Terry-Smith-Dairy-Management-Expert-Photo.jpg
    Terry R. Smith, PhD, is an industry leader in the area of Dairy Farm Systems Management, Analysis, and Performance Benchmarking. He is a former Professor of Dairy Science and Director of the University of Wisconsin Center for Dairy Profitability.

    Dr. Smith is a highly regarded Dairy Systems Specialist, consultant, educator and researcher with extensive experience working with the dairy industry domestically and internationally. He specializes in the development and extension of analytical and decision-making strategies for improving dairy herd and farm management systems, including economic analysis of dairy production and management sub-systems, and new dairy technologies and improvement of dairy farm management information and decision support systems. He has participated in Dairy Development Projects in 25 U.S. States and Algeria, Argentina, Australia, Brazil, Bolivia, Canada, Costa Rica, Egypt, Japan, Mexico, Morocco, Netherlands, New Zealand, Nigeria, China, Russia, Serbia, Tunisia, Turkey, United Arab Emirates, and Uruguay.

    Litigation Support - Dr. Smith has provided economic and damage analyses to a broad range of plaintiffs and defendants across agricultural enterprises, with a focus on the dairy sector. He has non-litigation and litigation-related clients in more than 20 states in the US and also in a number of foreign countries.

    Areas of Expertise:
    • Dairy Farm Systems Management
    • Dairy Performance Benchmarking
    • Dairy Farming
    • Dairy Business Analysis
    • Dairy Financial Analysis
    • Economic Damages Analysis
  • Dairy Farm Bankruptcy
  • Chapter 11 Reorganization
  • International Agriculture
  • Dairy Debt and Equity Financing
  • Agricultural Economics
  • Statistical Analysis
  • View Dr. Terry Smith's Consulting Profile.
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    James E. Fitzgerald
    Executive Managing Director
    1601 Elm Street
    Floor 33
    Dallas Texas (TX) 75201
    USA
    phone: 9728001524
    Dauntless-Hospitality-Advisors-Logo.JPG
    James Fitzgerald Hospitality Expert PhotoJames E. Fitzgerald has over 35 years of global experience creating value in the Real Estate and Hospitality Sectors.

    Mr. Fitzgerald is a highly skilled negotiator with deep expertise in consulting, finance, due diligence, loan origination, asset management, acquisitions, divestitures and workouts. He is a professional with an expansive network of relationships throughout the private equity, investment banking, real estate, legal, and hospitality communities.

    From 2006 to 2016, Mr. Fitzgerald served as Managing Director of Hotel Investments for Principal Global Investors. In this role, he created and executed a hotel investment program for Principal Real Estate Investors of over $4 billion. Mr. Fitzgerald led Principal’s efforts as JV partner on 1002 room JW Marriott Resort in San Antonio- $500 million project and exceeded budget for seven consecutive years. Over the course of his career, he has:
    • Advised on over $10 billion of hospitality transactions
    • Originated billions in hotel mortgage debt: CMBS, whole, and mezzanine Loans
    • Founded and successfully grew a national investment and advisory practice
    • Provided advisory and due diligence services to private equity firms and major hospitality corporations and hotel owners
    Litigation Support - James Fitzgerald and his team at Dauntless Hospitality Advisors provide attorneys with sound knowledge as they represent owners, lenders, managers, and brands. Services could address:
    • Bankruptcy / Workouts
    • Operational Matters
    • Owner / Operator Relationships
    • Management and Franchise Agreement Issues
  • Asset Management
  • Market Analysis
  • Valuation
  • Capital Structure
  • View James Fitzgerald's Consulting Profile.
    As an operating business without the benefit of long term leases, hotels can be volatile. With a perishable inventory of rooms to be sold each night, sophisticated marketing tactics are critical. In good times, it is easy to make money; however, as the economy slows, and new supply enters the market, cash flows lessen, and tensions rise. This is particularly true for overleveraged hotels.

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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
    Expert-Witness-Consulting-Services-Logo.jpg
    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.EWCS connects vetted and specialized expert witness professionals to law firms across the nation. With its incremental, litigation-experienced professional resources and national recognition within the legal community, EWCS’ mission is to work diligently with client law firms and mediators to provide exceptional work product in an efficient manner, starting with finding the right expert for each case.

    As Experts and Consultants, the professionals at EWCS are able to provide clients and Boards of Directors with advice and guidance in structuring transactions appropriately, and in delivering financial opinions in connection with the same. They can reconstruct financial data through forensic analysis in order to explain how financial markets or decision makers may have made decisions.

    When it comes to evaluating the performance of boards, management teams, and financial institutions, the experts at EWCS are well-positioned to have a credible point of view, given their experience in cleaning up the aftermath of corporate disasters and fraud up close.

    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
  • Real Estate Market Feasibility
  • Kelly Hickel Financial Restructuring Expert PhotoKelly T. Hickel, Co-founder at EWCS, is a Financial and Business Advisor who has served as a senior executive for over 30 years. Mr. Hickel has many years of experience in the technology industry and with turnarounds of troubled companies. Throughout his career, he has arranged numerous private and public company financings and financial restructurings and has raised and/or returned over a $1 billion to investors and lenders.

    Mr. Hickel served as Turn-around President to Miniscribe Corp., a troubled Fortune 500, $600 million annual revenue disk drive manufacturer, and President of the Maxwell Technology Information Systems Group from 1993 until 1997, during which, Maxwell was the 9th best performing stock on NASDAQ and the #1 performing stock in California in 1996.

    As Chairman and Chief Restructuring Office of The Tyree Company in Farmingdale, New York, Mr. Hickel was responsible for running the largest oil downstream services company in the northeast. With all of his experience, he then founded and managed emerging Pharmaceutical companies, taking a product through FDA approval for a supplement through distribution in over 2000 retail pharmacy outlets.

    Jim Timmins Business Valuation Expert PhotoJim Timmins, ASA BV/IA, MAFF, CEP, is the Managing Director and heads the valuation, litigation, and advisory services practices at Teknos. He has worked in Silicon Valley for more than 35 years, as a Valuation expert, a Venture Capitalist, and an Investment Banker.

    Mr. Timmins has overseen 1,000s of valuations, fairness opinions, and solvency opinions in connection with financial reporting, tax compliance, merger and acquisition transactions, financings, spin-offs, and recapitalizations, and litigation. He has also participated in numerous merger and acquisition transactions, private placements, and public offerings during his career.

    Prior to forming Teknos, Mr. Timmins was a Managing Director at Pagemill Partners, where he created and managed the valuation practice. Before that he was the Managing Director of the Silicon Valley office of NIF Ventures (the venture capital arm of Daiwa Securities SMBC of Japan), and a General Partner of Glenwood Ventures and Glenwood Capital. Earlier in his career, he held positions in investment banking at Hambrecht & Quist and Salomon Brothers.

    Mr. Timmins has served as an expert witness for more than 60 cases involving valuation, fiduciary duty, and venture capital practice. He has been retained as an expert by both plaintiffs and defendants.

    Paul Black Real Estate Expert PhotoPaul S. Black, President of Paul S. Black & Assoc., Inc. has more than 35 years of experience as a Real Estate Market Feasibility Analyst, including multiple types of residential, office, retail, industrial and mixed-use properties.

    Mr. Black has been employed by local and international accounting firms in their real estate consulting groups as well as local and regional consulting companies.

    For 20 years, Mr. Black has served as a lecturer/adjunct professor teaching Real Estate Principles and Practices as well as Real Estate Market Analysis at the graduate (MBA) and undergraduate levels.

    Areas of Expertise: Economic Damages, Construction Defects / Delay Damages, Lost Revenue / Profits, Unjust Enrichment, Due Diligence, Commission Disputes, Procuring Cause, Real Estate Brokerage, Broker/Realtor Standard of Care, Code of Ethics – National Association of Realtors (NAR), Real Estate Disputes, Fraud / Misrepresentation, Insurance Defense, Eminent Domain, Market Feasibility / Evaluation.
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