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:
Kelly 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. Beltway Catalyst recently interviewed Kelly T. Hickel for their Thought Leader Spotlight. Check out the podcast here: https://lnkd.in/gPg23ue
Jim 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 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.
Expertise: Mr. Purcell has over 40 years of experience in every area of investment banking including the following:
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.
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:
Carl Sheeler, Ph.D. has 25+ years of public and private company experience with Family Business/Office Valuation, Advisory & Dispute Services – i.e., Governance, Risk Management, and planned and disruptive events associated with reducing risks and optimizing equity values. Common matters include fiduciary duty involving equity holder rights; valuation issues as well as transitions influenced by Estate and Gift Tax, liquidity, legacy, leverage and liability considerations.
Dr. Sheeler distills complex strategy, finance and operational issues and relevant facts into empirically supported opinions and guidance that is understandable to the layperson and applicable to company boards, founders, executives, trusted advisors and triers of fact in transfer, tax, and transactional matters. He is an authority on shareholder dispute and oppression as well as Trust and Estate and ESOP duty of care. Examples include how agreement provisions, asset allocation, debt and holding periods influence risk and investor concessions (“premiums and discounts”) on equity value.
Litigation Support - Dr. Sheeler has completed 1,200+ engagements and testified in over 175 disputes as an IRS/Court qualified expert in ADR, state and federal courts on matters ranging from fairness opinions to class actions in matters involving 7- to10-figures. He has authored and presented on over 300 occasions on issues ranging from valuation /appraisal best practices to developing probing interrogatories and deposition inquiries. He has served on various research, regulatory, advisory and academic boards and is considered a subject matter expert on Private Company Illiquidity / Lack of Marketability and Control Adjustments as well as Equity Value Enhancement (“EVE”).
Consultation - Dr. Sheeler is an authority on what internal and external factors aside from financial influence company value for advisors assisting founders and families with significant holdings.
Ideal Clients include:
Areas of Expertise:
|San Diego, CA Office|
11622 El Camino Real, Suite 100
San Diego, CA 92130
|Irvine, CA Office|
18100 Von Karman Ave., Suite 850
Irvine, CA 92612
Denver, CO Office
1515 Wynkoop St, Suite 360
Denver, CO 80202
New York, NY Office
1330 Avenue of the Americas, 23rd Floor
New York, NY 10019
Phoenix, AZ Office
4742 N 24th Street, Suite 300
Phoenix, AZ 85016
To have Dr. Sheeler present a workshop at your office, or present to your group or organization, contact:
James F. Davidson is an Avant Advisory partner and managing director. He is also a licensed Certified Public Accountant with Financial Forensic Specialization credentials (CFF, CFS, CrFa, and FCPA), and Chartered Global Management Accountant (CGMA). Mr. Davidson is a Certified Fraud Examiner (CFE), Certified Corporate Director, Certified Merger & Acquisition Advisor (CM&AA), Certified Turnaround Professional (CTP), and Certified Insolvency and Restructuring Advisor (CIRA).
Litigation Support - Mr. Davidson uses his expertise in issues of financial forensics, fraud, and corporate investigations, due diligence evaluations, litigation and dispute resolution, strategic planning, and corporate governance. His combined experience and professional qualifications fulfill the financial expert requirements defined by Sarbanes-Oxley, NYSE, and NASDAQ. With over 30 years of experience, Mr. Davidson has performed hundreds of forensic, fraud, and corporate investigations, due diligence evaluations, operational turnarounds and financial restructuring, for lenders, private equity firms, and attorneys under privilege.
Areas of Specialization:
Background - Mr. Davidson has served in executive positions at both public and private companies ranging from entrepreneurial to multi-billion dollar firms. After 10 years of accounting, auditing, and consulting for Big Four Certified Public Accounting firm PricewaterhouseCoopers, he spent over 10 years as a member of several boards of directors and in various financial and executive positions, including president and CEO, COO, CFO, secretary-treasurer, chief accounting officer, and corporate controller.
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.
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:
Other Services Include
Profile: J. Michael Feeks, one of the founders of Bank Experts Group, provides litigation support and expert witness services to law firms in banking-related matters. He has handled approximately 100 cases as an expert and has provided court-room and/or deposition testimony in more than 25 of these matters. Expertise: Mr. Feeks has served as an expert in cases involving:
Hiring an Expert Witness: A Bank Expert's Perspective
Law Firms Served, include: Bailey Kennedy, Reed Smith, Litchfield Cavo, Margolis Edelstein, Hughes Hubbard & Reed, McCarter & English, Shearman & Sterling, Bourgeois White, Moore & Van Allen, Anderson Reynolds & Stephens, and Gunster Yoakley & Stewart. Background: 35+ years of banking experience. Served major bank in business lending, branch operations, and management. Served community banks as president, director, and other senior positions. MBA – New York University. Graduate – Manhattan College and Stonier Graduate School of Banking. Bank Experts Group is a consulting firm that provides litigation support in banking-related matters and specialized assistance to banks and other financial institutions. The principals are experienced former bankers, regulators, and educators with extensive experience in bank management.
Mr. Bob Lawson, AIF®, CFE®, MRFC®, LUTCF®, is a Securities & FINRA Expert Witness retained for FINRA arbitration, mediation, and federal/civil court litigation. Mr. Lawson possesses over 35 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 and President of Barrington Financial Consulting Group, Inc, as a Securities Expert Witness and Consulting Experts.
In addition, Mr. Lawson serves as a FINRA Mediator and presides as a FINRA & NFA Dispute Resolution Chairman 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®), Master Registered Financial Consultant (MRFC), 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:
John T. Foster calls upon his deep and broad senior level experience, gained through a 35 year career in the broker-dealer industry, to provide uniquely relevant securities expert witness services. Uncommon in the “expert” field, Mr. Foster continues today to be actively engaged in the field as a specialized consultant for broker-dealer firms. He currently serves as the President and CEO of Bedford & Main Financial Consulting. Mr. Foster worked for many years in a senior management role for a large, multi-national self-clearing firm. He also served as the President and CEO of an independent broker-dealer where he was responsible for ensuring compliance and regulatory requirements were properly implemented to support a retail-based business. He is very familiar with financial services expert witness issues related to fundamental FINRA compliance regulations such as: suitability, supervision, senior issues, churning, complex products and written supervisory procedures (WSPs). He is also proficient in matters related to client and firm interactions with financial advisors, which frequently are subjects of FINRA arbitrations. Mr. Foster believes that in order to maintain ethical standards a high degree of selectivity is required when reviewing specific issues and determining his ability to provide a meaningful expert opinion. As such, he is happy to review a claim (“On my own time and expense of course!”) to determine if he has the proper background and agreement to support a case. Areas of Expertise:
Licenses and Memberships:
Marguerita M. Cheng, CFP®, CRPC®, RICP®, CDFA™, Chief Executive Officer at Blue Ocean Global Wealth, is a Certified Financial Planning Expert with 18 years of experience. Prior to co-founding Blue Ocean Global Wealth, she was a Financial Advisor at Ameriprise Financial and an Analyst and Editor at Towa Securities in Tokyo, Japan. Ms. Cheng is a past spokesperson for the AARP Financial Freedom Campaign and a regular columnist for Investopedia & Kiplinger. She is a CFP® professional, a Chartered Retirement Planning CounselorSM, a Retirement Income Certified Professional® and a Certified Divorce Financial Analyst. As a Certified Financial Planner Board of Standards (CFP Board) Ambassador, Ms. Cheng helps educate the public, policy makers, and media about the benefits of competent, ethical financial planning. She served on the Financial Planning Association (FPA) National Board of Directors from 2013 – 2015 and is a past president of the Financial Planning Association of the National Capital Area (FPA NCA).
Marguerita Cheng CNBC Interview on Social Security
Awards and Honors - Ms. Cheng is a recipient of the Ameriprise Financial Presidential Award for Quality of Advice and the prestigious Japanese Monbukagakusho Scholarship. In 2017, she was named the #3 Most Influential Financial Advisor in the Investopedia Top 100, a Woman to Watch by InvestmentNews, and a Top 100 Minority Business Enterprise (MBE®) by the Capital Region Minority Supplier Development Council (CRMSDC).
Litigation Support - Ms. Cheng serves as a Women’s Initiative (WIN) Advocate and subject matter expert for CFP Board, contributing to the development of examination questions for the CFP® Certification Examination. She also volunteers for CFP Board Disciplinary and Ethics Commission (DEC) hearings. Services to attorneys representing plaintiff and defendant include financial due diligence, thorough reporting, depositions, and trial testimony as needed.
Areas of Litigation Expertise: