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Risk Management Expert Witnesses

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Scott J. Witt, FSA, MAAA
6010 Preston Lane
New Berlin WI 53151
USA
phone: 414-525-8212
fax: 414-433-1864
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Scott J. Witt, FSA, MAAA has over 18 years of experience as an Actuary in the Insurance Industry. He maintains the highest actuarial designations, FSA (Fellow of the Society of Actuaries) and MAAA (Member of the American Academy of Actuaries).

One of the nation's only fee-only life insurance advisors, Mr. Witt serves clients throughout the U.S. including attorneys, financial planners, individuals, banks, business owners, accountants, and trustees of insurance trusts. He is compensated on a fee-only basis, allowing him to serve in a true fiduciary capacity for his clients. Because he has no financial stake in the decisions his clients make, there is no conflict of interest in his recommendations.

Mr. Witt's litigation support services include expert analysis, reports, and testimony regarding a vast array of life insurance topics. He performs Monte Carlo simulations to demonstrate the impact of volatility on any statistical process. Mr. Witt has been retained multiple times as an expert for Plaintiffs and multiple times as an expert for Defendants in cases that were settled after the completion of his expert report and prior to his testimony. His services are also available for mediation and arbitration.

Areas of Expertise:
  • Policy Suitability
  • Variable Life Analysis
  • Evaluation of Statements by Salespeople
  • Replacement Appropriateness
  • Life Settlement Decisions
  • Insurance Schemes
  • Damage Calculations
  • Policy Valuations
  • Insurance Appraisals
  • Insurance Bad Faith
  • Insurance Financial Analysis
  • Life Expectancy & Mortality
  • Risk Management
  • Marketing
  • Recent Case Sample:
    • 2010, French et al. v. Wachovia Bank, N.A., Case No. 06-CV-00869, US District Court, Eastern District of Wisconsin. Defense expert. Case alleged improper replacement of life insurance policies
    • 2012, First Command Financial Services, Inc. and First Command Financial Planning, Inc. v. James S. Agostini et al., Cause No. 48-259234-12, 48th Judicial District, Tarrant County, Texas. Defense expert. Case involved insurer attempting to block agents from selling in same territory; involvement was focused on sales techniques and quality of permanent life insurance policies that were impetus for agents’ departure
    View Witt Actuarial Services, Inc.'s Consulting Profile.
    4/24/2015 · Insurance
    I recently worked with an elderly woman (who I will call Beatrice) to evaluate whether or not the variable annuity she purchased less than a year ago was a good buy.

    6/16/2014 · Insurance
    When thinking about life insurance, consider three realities:

    5/16/2014 · Insurance
    Wanting a second opinion from someone that doesn't have an inherent conflict of interest - independence is the single greatest asset that a fee-only insurance advisor brings to the table, and because such an advisor is only compensated directly for the advice given and not based on the decisions the consumer makes, there is not an inherent conflict of interest - those conflicts are evident with anyone that is compensated on anything other than a fee-only basis for the advice given.

    4/21/2014 · Insurance
    Despite the best efforts of companies and agents throughout the industry, Long-Term Care insurance (LTC) policy sales have yet to blossom as much as the industry had hoped and predicted. As the Baby Boomers continue to move through the "sweet spot" of the target market for LTC, companies will no doubt redouble their efforts in pushing LTC. Two obvious questions arise. First, is LTC right for you or your client, given the particular financial circumstances, family circumstances, and family history? Second, even if it is determined that LTC makes sense, how do you wade through the myriad of companies and policy options that are available and determine the best fit?

    3/13/2014 · Insurance
    Fee-only insurance advisors serve in a true fiduciary capacity for their clients, providing independent, unbiased advice. These advisors receive no other form of compensation other than the hourly fees paid by their clients. They do not receive compensation from insurance products that their clients may decide to purchase, nor do they receive any financial incentives from steering clients toward a particular agent or company. Other than providing clients with the most knowledgeable and expert advice possible, fee-only advisors have absolutely no vested interest in the insurance decisions their clients make.

    2/10/2014 · Insurance
    Without an advocate that is looking out for their best interests, life insurance consumers are at the mercy of their life insurance agents and the companies they represent. Even the most well-intentioned agents suffer from an inherent conflict of interest, as agents derive their compensation from the products they sell. A closer look at a number of areas reveals how damaging this can be to life insurance consumers:

    1/8/2014 · Insurance
    Do you reside in Garrison Keillor's fabled Lake Wobegon? Those who own a cash value life insurance policy probably do - and probably don't even realize it! In Lake Wobegon, "all the women are strong, all the men are good looking, and all the children are above average." And any life insurance policy purchased in Lake Wobegon is no doubt better than average as well!

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    8030 E. Gary Road
    Scottsdale AZ 85260
    USA
    phone: 480-216-1364
    fax: 480-367-8479
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    Robert E. Underdown, AINS, SIA, AIC, ARM, The Insurance Archaeologist ™, is an Insurance and Risk Management Expert with over 30 years of experience in both private & public risk management.

    Selected Background Experience - Mr. Underdown's past experience includes serving as Director of Risk Management for Rural/Metro Corporation, Scottsdale, AZ, where he managed $20 million risk management program and completed due diligence on 60 acquisitions in 48 months. As Assistant Vice President of Imperial Corporation, San Diego, CA, he managed special insurance for a $2 billion loan portfolio and implemented a risk management program for 60 branch offices. Mr. Underdown also served as Risk Management and Employee Benefits Manager for the City of Escondido, CA, where implemented risk management programs and completed self-funded health insurance, saving $750,000.

    Litigation Support - Mr. Underdown is a highly qualified insurance expert witness providing testimony in insurance cases across the United States. His services are available to attorneys representing both Plaintiff and Defense.

    In the specific area of BAD FAITH, Mr. Underdown has provided expert testimony on many bad faith claims for both Defendants and Plaintiffs. He has provided testimony in a number of cases where the insurance company has successfully eliminated the bad faith count by summary judgement. The key issue is whether the actions of the insurance company were reasonable under the specific circumstances of the case.

    Some of the recent cases for which he has provided insurance expert testimony include:
    • Agent / Broker Standards
    • Bad Faith Claims Issues
    • Broker Compensation
    • Claims Handling
    • Coverage Opinions
    • General Liability Policies
  • Insurance Industry Standards
  • Life Insurance Suitability Opinions
  • Risk Management Standards
  • Third Party Claims Standards
  • Tort Litigation Management
  • Workers’ Compensation
  • View Robert Underdown's Consulting Profile.
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    Steven A. Eisenberg
    Consulting Actuary & Owner
    1136 Old Roswell Rd
    Roswell GA 30076
    USA
    phone: 404-307-9861
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    Steven Eisenberg Insurance Actuary Expert PhotoSteven A. Eisenberg, FSA, MAAA has 50 years actuarial experience. He offers litigation support nationwide with regard to personal injury and wrongful death economic damages, appropriate mortality, life expectancy (note: population tables, that have not been modified by an actuary for lifestyle, chronic illnesses, family history, result in unreasonably long life expectancies), interest (discount) rates, future increases in income (note: historical experience indicates that wage inflation rates are lower than discount rates). His litigation support also includes life insurance product design and pricing, COI development development and management, compensation, illustrations, administration and management services, policyholder tax issues, and product appropriateness.

    Background Experience - Throughout his career, Mr. Eisenberg worked extensively in litigation support as an expert witness including actuarial design, administration and illustration of various life insurance and annuity products, both traditional and non-traditional, universal life (or excess interest products), and both general account and separate account variable insurance products. His expert work includes pricing these products and developing appropriate actuarial assumptions (e.g. mortality and life expectancy, interest and discount rates, agent or broker compensation and expense assumptions).

    He is also a co-inventor of several patents dealing with financial derivatives(swaps) relating to longevity and mortality mitigation.

    In 1986, Mr. Eisenberg pioneered the development of large case COLI and BOLI and unwind strategies that are still used today. He is a renown expert in designing, developing, and evaluating BOLI and COLI programs for insurance companies, banks, other financial institutions, brokers and litigation clients. This includes developing appropriate actuarial assumptions (mortality and longevity, COI management, lapses and surrenders, expenses, taxes, interest and discount rates, compensation, policy dividends and life insurance company profitability and investment exposure (disintermediation)). He also developed administrative procedures, sophisticated illustration systems (for example, utilization of policy loans and partial surrenders) and insurable interest issues. His expertise includes policy owner tax issues (e.g. Section 264, 7702, 7702A, 1035) and legislative changes. He has evaluated the appropriateness of these products (general or separate account including stable value) for corporate and bank policy owners, including the accounting and financial impact to the policy owners.

    Mr. Eisenberg is a Fellow of the Society of Actuaries (1973) and a Member of the American Academy of Actuaries (1975). He has served as an Instructor of Actuarial Science at Georgia State University and delivers lectures and seminars to associations throughout the United States.

    His services are offered to clients nationwide.

    Litigation Support - Mr. Eisenberg currently provides expert litigation support for all aspects of life insurance and personal injury. He is a renowned expert in:
    • COLI / BOLI Product Design
    • Assumptions & Contracts
    • Tax History
    • Broker
    • Consultant
    • Third Party Administrator
  • Marketing and Administration
  • Compensation and Standards of Practice
  • Benefit Funding and Financial Analysis
  • life settlement
  • Loss Determination
  • Personal Injury economic Damages
  • Life Expectancy and Mortality
  • View Steven Eisenberg's Consulting Profile.
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    Snoaspen Insurance Group, Inc.
    Paul W. Burkett, JD, CPCU, CIC, ARM,CRM, ALCM
    10775 Double R Blvd
    Reno NV 89521
    USA
    phone: 775-682-4380
    fax: 775-682-4301
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    Paul W. Burkett, JD, CPCU, CIC, ARM,CRM, ALCM is an Insurance and Risk Management specialist. President and CEO of Snoaspen Insurance Group, Inc., Mr. Burkett began his career as a Loss Control Representative for SAFECO Insurance Company after serving as an Officer in the United States Air Force. During his career with SAFECO, he served as a Loss Control Supervisor, Loss Control Manager, Commercial Sales Representative, Division Commercial Lines Underwriting Manager, and Regional Workers Compensation Manager.

    From Safeco Insurance Company, Mr. Burkett worked for Frank B. Hall & Company as a Vice President in charge of Risk Management Services. He was responsible for design and implementation of alternative insurance programs such as pools, self-insurance, and captives. From Frank B. Hall, Mr. Burkett assisted in establishing the Meadowbrook of Colorado office and focused on developing specialized group programs. Paul assisted in establishing TUITIONGard which specialized in coverage for private student loans provided through banks in the United States.

    Mr. Burkett currently provides litigation support services to attorneys for both Plaintiff and Defense. He has been deposed and/or testified approximately 10 rimes in the last five years.

    Areas of Expertise:
    • Insurance Company Good and Bad Faith
    • Agent / Broker Standard of Care
    • Insurance Industry Customs and Practices
    • Risk Management
    • Business Contract Insurance Clause Analysis and Application
    • Insurance Coverage Analysis
    • Insurance Claims Disputes Analysis
    View Paul Burkett's Consulting Profile.
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    Todd Stefan
    Executive Vice President
    8391 Beverly Blvd. #167
    Los Angeles CA 90048
    USA
    phone: 800-748-5440
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    Setec Investigations offers unparalleled expertise in computer forensics and electronic discovery, providing highly personalized, case-specific forensic analysis and litigation support services to assist in the investigation, handling, and prosecution of computer-related crimes or misuse.

    Setec Investigations combines today's most advanced computer forensics and litigation support expertise with a business- and legal-friendly approach, resulting in a sound analytical foundation that carefully balances critical investigative requirements with vital legal and evidentiary needs.

    Setec Investigations incorporates a cross-disciplinary team comprised of computer forensic investigators, attorneys, law enforcement specialists, and seasoned business professionals who have established a proven track record of success since 1997.

    Services Overview

    Setec Investigations possesses the necessary combination of technical expertise, understanding of the legal system, and specialized tools and processes enabling the discovery, collection, investigation, and production of electronic information for investigating and handling computer-related crimes or misuse.

    Explore our range of service offerings:

    Computer Forensic Investigations

    Computer forensics and enterprise investigation services identify, gather, analyze, and preserve electronic evidence to establish a sustainable posture for internal or legal action.

    Electronic Discovery

    Manage large volumes of electronic data and quickly identify and isolate electronic evidence that is critical to the success of a litigation.

    Litigation Support

    Legal consultants and attorneys translate litigation issues into strong case strategies that effectively utilize electronic evidence.

    Expert Witness

    Supports the resolution of security incidents and active litigations by offering impartial and independent expert testimony, opinions, and customized reports in legal proceedings.

    11/16/2005 · Computer Forensics
    Identifying pertinent evidence on computer systems is essential to the discovery process in today's world, as it is believed that over 70% of information stored in computer systems is never reproduced in hard copy form

    11/12/2004 · Computer Forensics
    It is estimated that over 90% of all documents are now created electronically, although most of them are never printed; therefore, legal professionals are being challenged by a drastic increase in electronic evidence

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    Chip Darius, OHST, CET, CSHO
    President
    110 Court Street, Suite 1
    Cromwell CT 06416
    USA
    phone: 860-978-9899 or 800-809-0059 (Toll Free)
    fax: 860-760-6264
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    Chip Darius is an OSHA Safety Consultant and Trainer with over 27 years experience in general industry, construction, utilities and emergency services. Mr. Darius is an Instructor for the OSHA Training Institute Region 1 Education Center, teaching courses on OSHA regulations since 2002.

    Mr. Darius is an experienced Expert Witness with experience in both plaintiff and defense cases, in state and federal matters. He has testimony experience in depositions and at trials. He is available to review and evaluate cases, assist in framing legal arguments, assess the merits of a case, conduct incident investigations, and perform site inspections.

    Mr. Darius is adjunct faculty for Keene State College and Fitchburg State University, teaching courses on OSHA standards.

    Mr. Darius has also been a certified Emergency Medical Technician for over 38 years.

    View Consulting Profile.
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    Mark E. Briggs, CSP, ARM
    1314 Theodore Drive
    Champaign IL 61821
    USA
    phone: 217-840-0235
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    Mark Briggs Safety Risk Management Expert PhotoMark E. Briggs is a Certified Safety Professional (CSP) with over thirty years of success as a risk management and safety professional. Mr. Briggs has served in the commercial insurance industry, as the Risk Manager and Chief Risk Officer for two Level 1 Research Universities, and is a co-founder of Safety Management Resources Corporation (SMRC). SMRC has provided continuing support to clients in the construction, manufacturing, education, and service industries for over twenty years.

    Mr. Briggs works successfully with organizations to develop and implement comprehensive safety and risk management initiatives designed to ensure conformance with industry best practices, relevant consensus standards, and governmental regulations. These efforts integrate corporate values into the organizational culture at all levels, increasing operational effectiveness, eliminating employee injuries and property losses, and maximizing the protection of corporate assets and the reputation of the enterprise.

    Mr. Briggs serves as an adjunct faculty member in Illinois State University’s safety degree program, while also acting as the chair of the department’s advisory board. He is engaged with numerous national panels, boards, and task forces sponsored by the U.S. Department of Homeland Security, the Federal Bureau of Investigations, the Department of Justice, the Department of Education, and others. He has also supported the U.S. Olympic Committee in a variety of functions directly related to safety and risk management.

    Litigation Support - Mark Briggs provides expert witness and litigation support services for both plaintiff and defense matters, drawing on his extensive professional experience, formal education, and continuing studies. He brings to each case his first-hand knowledge of industry customs and practices, a deep understanding of relevant consensus standards, and significant experience in the interpretation and application of government regulations. Mark’s background includes case review, investigation, development of detailed reports, and experience providing testimony in Circuit, State, and Federal Courts throughout the country.

    Areas of Expertise:
  • Risk Assessments and Safety Audits
  • Construction Safety and Regulatory Compliance
  • Industrial Safety and Regulatory Compliance
  • Accident and Incident Investigation
  • Confined Space Entry Operations
  • Fall Protection Systems and Solutions
  • Ladder and Scaffold Safety
  • Cranes, Hoists, and Rigging Safety
  • Excavation and Trenching Operations
  • Machinery and Equipment Safety
  • Occupational Health & Safety / OSHA Compliance
  • Recreational Facilities & Activities Safety
  • Premises Liability
  • K-12 and Higher Education Operations, Management & Facility Safety
  • Slip, Trip & Fall Prevention
  • Enterprise Risk Management
  • Business Continuity and Emergency Management
  • Worker's Compensation Insurance
  • View Mark E. Briggs' Consulting Profile.
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    John M. White, CPP, CHPA
    Offices in Ohio and California
    All States (Except TX) USA
    phone: 877-686-5460
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    John M. White, CPP, CHPA is Board Certified in Security Management; Certified Protection Professional (CPP); Certified Healthcare Protection Administrator (CHPA); and a Published Author.

    Mr. White has been a professional security practitioner, security consultant, and expert witness since 1999. He has over 40 years of experience in Corporate Security Management and Law Enforcement and Security consulting, including physical security, security operations, regulatory compliance, & security training. Prior to forming Protection Management, LLC, Mr. White served a distinguished career in law enforcement, corporate security, and the military.

    As a security consultant, Mr. White has developed and/or assessed security programs involving multi-unit residential properties, hotels/motels, homeless shelters, tourism services, places of worship, retail stores, high rise office/residential buildings, food services, entertainment services, healthcare services, hospitals, long-term care facilities/assisted living, parking facilities, college campuses, lounges, and other commercial properties.

    In 2013, Mr. White was approached by publisher Butterworth-Heinemann and asked to write a book on security risk assessments. That book, titled: Security Risk Assessment – Managing Physical and Operational Security was published in July 2014 and is available online through numerous bookstores.

    Litigation Support - Mr. White has been retained by law firms representing plaintiffs and defendants in negligent security, premises liability, and use of force lawsuits in the field of security. His services include case consultation, document review and analysis, deposition, arbitration and mediation, and trial testimony when necessary.

    Areas of Expertise:
    • Crime Prevention
    • Emergency Preparedness
    • Healthcare Security
    • Premises Security Issues
    • Security Risk Assessments
    • Security Audits
  • Security Training
  • Security Management
  • Security Program Development
  • Security Policies
  • Use of Force
  • Workplace Violence
  • View John White's Consulting Profile.
    John M. White
    This is the most up-to-date and comprehensive resource available on how to conduct a thorough security assessment for any organization. A good security assessment is a fact-finding process that determines an organization’s state of security protection. It exposes vulnerabilities, determines the potential for losses, and devises a plan to address these security concerns. While most security professionals have heard of a security assessment, many do not know how to conduct one, how it’s used, or how to evaluate what they have found. Security Risk Assessment offers security professionals step-by-step guidance for conducting a complete risk assessment. It provides a template draw from, giving security professionals the tools needed to conduct an assessment using the most current approaches, theories, and best practices.
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    Joe L. Williams, CPCU
    Partner
    4550 Post Oak Place Drive
    Suite 227
    Houston TX 77027
    USA
    phone: 713-275-4003
    fax: 713-275-4004
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    Joe L. Williams, CPCU, partner in PozmantierWilliams Insurance Consultants, LLC, has over 49 years of experience as an Insurance Agent / Broker and Insurance Consultant. From 1970 until 2007, he was a principal shareholder in a large Houston firm, Wisenberg Insurance + Risk Management, and was Chairman and CEO when the firm was sold to a subsidiary of Wells Fargo Bank.

    One of the youngest people ever to receive the CPCU professional designation at the age of 23, Mr. Williams is very familiar with all phases of the insurance industry, including consulting on bad faith, customs and practices, and standards of care. He has particular expertise in property coverage, business interruption, non-subscription, and risk transfer techniques.

    Litigation Support - Mr. Williams provides expert services to counsel representing both Plaintiff and Defense. He offers objective opinions on the following matters:
    • Agent / Broker Bad Faith
    • Insurance Industry Customs & Practices
    • Agent / Broker Standards of Care
    • Coverage Terms and Conditions
    • Agent / Broker Services
    • Insurance Program Design
    • Agency / Company Disputes
    • Claims Management by Agent
    • Insurance Agency Management
    View Joe Williams' Consulting Profile.
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    National Trucking Safety Consultant, LLC.
    Roland B. Brown
    Managing Partner
    2430 Knotty Pine Drive
    Navarre FL 32566
    USA
    phone: 850-939-8926
  • Over 35 years of experience in all phases of trucking operations and brokerage; complete knowledge of all matters involving trucking operations and property brokerage.
  • Expert in tractor-trailer drivers, their qualifications, motor fleet safety, top management in trucking operations, and in preparation of plaintiff or defendant lawsuits involving trucking accidents, matters involving D.O.T. Regulations and state trucking regulations.
  • Worked with approximately 100 law firms in approximately 20 states and served as expert witness in state and federal court for defense and plaintiff.
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    J. Patrick Murphy
    President
    30830 Raleigh Creek Dr
    Tomball TX 77375
    USA
    phone: 713-899-2402
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    J. Patrick Murphy has over 40 years of experience in Law nforcement, Security Management, and Corporate Loss Prevention. Mr. Murphy's background as a Fortune 50 company security director provides a strategic view of operations, security planning, and liability. His continuing education in the area of security case law and his unique approach to investigating cases make him a valuable Security Expert Witness to any litigation team. His hands on approach and advice during the discovery phase of the case can often be pivotal in determining the ultimate outcome.

    Mr. Murphy provides Security Expert Witness testimony for plaintiff or defense in a broad area of security liability. He specializes in Crime Analysis to establish Foreseeability and to determine the Reasonableness of security measures. Mr. Murphy has extensive litigation experience opposing Wal Mart. Plaintiff 60% Defendant 40%

    Areas of expertise:
    • Premises Liability and Inadequate Security - apartment communities, bars and Other adult Entertainment venues, malls and shopping centers, parking garages / lots, motel, restaurants
    • Retail Loss Prevention - hiring, training and supervision, false arrest, shoplifting, excessive use of force, death during apprehensions, false imprisonment, employee theft, wrongful termination in malls, and major retail settings
    • Bouncers, Bars, Nightclubs, and Security Guards - mall security, shopping center security, proprietary and contract security guards and off duty police
    • Insurance Casualty Claims - adequacy of security hardware such as burglar alarms, robbery alarms, closed circuit television (CCTV), fencing, fictitious pickups of goods and cargo theft at warehouses and distribution centers
    12/17/2013 · Security
    Authors note: I am a nightclub security expert witness. I've never worked in a bar. What qualifies me as an expert is my decades-long experience in security management. Security personnel are known under many different titles such as, most commonly, bouncers but they are also called ushers, greeters, door men, crowd control specialists, etc. The truth, however, is that there are basic tenants to any security program, regardless of business environment, and bars and nightclubs are no different with the exception of alcohol. Bouncer = Security.

    11/14/2012 · Security
    Employee theft is nearly 50% of the losses for retailers. It's a $600 Billion crime across the nation for all businesses and growing. Employers are sometimes reluctant to discuss this topic or even acknowledge its existence but to adopt that approach will lead to financial disaster.

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    Richard J. Long, P.E.
    Founder & Chief Executive Officer
    Corporate Headquarters:
    5265 Skytrail Drive
    Littleton, CO 80123-1566
    CO, FL, GA, TX, KS, NC, DC, TN, KS, NV
    USA
    phone: (303) 972-2443
    fax: (303) 200-7180
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    Florida Office:
    Andrew Avalon, PE, PSP
    President
    8633 Willow Kane Court
    Orlando, FL 32835
    T: (407) 445-0825
    F: (407) 445-0821

    Long International provides expert claims analysis, dispute resolution, and project management services to the Process Plant Engineering and Construction industry worldwide. Our primary focus is on petroleum refining, petrochemical, chemical, oil and gas production, mining/mineral processing, power, cogeneration, and other process plant and industrial projects. We also have extensive experience in hospital, commercial and industrial building, pipeline, wastewater, highway and transit, heavy civil, microchip manufacturing, and airport projects.

    Richard Long Richard J. Long, PE, Founder and Chief Executive Officer of Long International has over 40 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. He has presented and published numerous articles on the subjects of claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention. As an internationally recognized expert in the analysis and resolution of complex construction disputes for 30 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion.



    Andrew AvalonAndrew Avalon, PE, PSP is President of Long International and has over 30 years of engineering, construction management and claims consulting experience. He is an expert in the preparation and evaluation of construction claims, insurance claims, schedule delay analysis, arbitration/ litigation support, and dispute resolution. Mr. Avalon has prepared more than 30 CPM schedule analyses, expert witness reports, and testified in deposition, mediation, and arbitration proceedings. In addition, he has published numerous articles on the subjects of CPM schedule delay analysis and entitlement issues affecting construction claims and is a contributor to AACE® International’s Recommended Practice No. 29R-03 for Forensic Schedule Analysis. He has served as a Project Manager on numerous claims ranging in size from US$100,000 to over US$1 billion.



    W. Tom ThweattW. Tom Thweatt is a Senior Principal with Long International and has over 40 years of engineering, construction, and management consulting experience. He has extensive experience in major U.S. and international refining, chemical, petrochemical, offshore oil & gas development, pipeline, infrastructure, and thermal / hydroelectric power generation projects ranging from US$40 million to US$12 billion. He has worked extensively in projects that were executed by multi-national joint ventures on both the owner’s and the contractor’s sides. Mr. Thweatt has served on Joint Venture and Consortium Executive Committees and has participated directly in claims negotiations and settlement agreements in excess of US$100 million.

    3/12/2018 · Construction
    Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.

    1/15/2018 · Construction
    The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.

    11/13/2017 · Construction
    Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.

    10/4/2017 · Construction
    In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.

    8/2/2017 · Construction
    The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date “collapses” but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.

    9/27/2013 · Construction
    The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.

    9/4/2013 · Construction
    ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.

    8/13/2013 · Construction
    A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.

    12/17/2012 · Construction
    Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.

    4/13/2012 · Construction
    The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately entitled to a time extension or delay, acceleration and loss of productivity damages.

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    LFJ Consulting Services, LLC
    James A. Francis, CPP, CFSO
    President & Chief Consultant
    100 Caribou Crossing, Suite 200
    Round Rock TX 78664
    USA
    phone: 512-989-9198
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    James A. Francis, CPP, CFSO, has over 30 years of experience in the Security Profession, spanning both government and industry. Mr. Francis started his security profession as a Special Agent with the U.S. Air Force Office of Special Investigations. He later managed the security and safety program for a major division of Lockheed Missiles and Space Co., Inc. He capitalized on this broad expertise during his tenure at T&M Protection Resources and Kroll where he achieved the position of Senior Vice President at both companies.

    Both in his current role as President & Chief Consultant at LFJ Consulting Services, and in his previous roles, he has been responsible for the development, planning, and implementation of complete security programs. He has managed both a contract and proprietary guard force, developed and implemented security policies and procedures, developed and conducted security awareness training programs, and developed and implemented emergency procedures and evacuation plans.

    Litigation Support - Mr. Francis provides leadership to LFJ Consulting Services on its broad range of offerings in the areas of expert services, litigation support, security, and crisis management. LFJ was established to serve Fortune 500 companies, law firms, schools, commercial real estate, governments and the security community. Services are offered to attorneys representing both plaintiff and defendant and include written reports, depositions, and trial testimony.

    Areas of Expertise:
    • Audio Countermeasures
    • Facility Vulnerability Analysis
    • Distinguished Person Protection
    • Counter Terrorism
    • High Threat Environment Security
    • Facility Planning
    • Strike Contingency Planning
    • Emergency Management
    • Emergency Preparedness
  • Information Security
  • Security Management System Development
  • Intellectual Property Protection
  • Guard Force Management & Training
  • Use of Force
  • Security Policies & Procedures
  • Guard Force Management
  • Security Awareness Training
  • Crime Prevention Through Environmental Design (CPTED
  • View James A. Francis' Consulting Profile.
    2/28/2018 · Crisis Management
    As was evidenced in the recent shooting incident at the Marjory Stoneman Douglas High School in Parkland, Florida and numerous other Active Shooter incidents, the perpetrators often exhibit disturbing or threatening behavior prior to the incident but it was not dealt with sufficiently to anticipate or prevent the event. Some perpetrators also shared with other persons their intent to do harm or exhibited desires/planning to harm themselves or others.

    10/12/2017 · Security
    As reported by the local ABC affiliate, on August 3, 2016 a patron of the Travelodge Motel in Costa Mesa, CA was assaulted with a tire iron while confronting suspected thieves in the adjacent parking lot. Fortunately, the patron received only minor injuries and was treated at a local hospital. As can be seen in the reference articles below, confrontation of persons attempting property crimes has often resulted in physical harm or death to the victim. In matters in which I have provided consultation, these parking lot confrontations have resulted in a beating, a stabbing, and a shooting.

    9/28/2017 · Security
    A simple internet search disclosed that there were over 40 school gun incidents in 2016, many resulting in injury or death to over 30 innocent individuals. Additionally, there were numerous incidents where it was reported that school campuses were placed in Lockdown because of potential threats in the immediate neighborhood. These Lockdown situations for threats in the surrounding neighborhood of our schools are reported regularly in the news media.

    Check for SynapsUs
    Jim Leatzow
    President
    1265 Pine Isle Road
    Three Lakes WI 54562
    USA
    phone: 715-546-3300
    fax: 715-546-4445
    jim_leatzow_photo.jpg
    Jim Leatzow has 36 years of "hands-on" practical, property / casualty insurance agency experience. Leatzow has literally worn "every hat there is to wear in the P/C insurance business.

    He provides expert & arbitration services nationally & internationally with no charge for travel time. He is articulate, efficient & equally comfortable within the U.S. & in foreign venues.

    His experience includes:
  • 36 years of insurance industry experience
  • 30 years as a national, property/casualty insurance agency owner
  • 26 years as a national, property/casualty Managing-Underwriting General Agent MGA
  • 21 years as a national, Third Party Administrator (TPA) insurance/construction claim handler
  • 16 years as an active Reinsurance Company officer
  • Certified insurance & reinsurance arbitrator (U.S. / U.K. / Bermuda)
  • Certified commercial arbitrator globally (Chartered Institute of Arbitrators U.K.)
  • Licensed nation-wide for 25 years until 2005 (agency sold)
  • Recognized for the quality of his Rule 26 Reports on complex cases
  • History of representing both plaintiff & defense
  • No charge for travel time "coast to coast"
  • Leatzow's specialties include:

    Agent-Broker-Agency-MGA standard of care / Bad Faith / Broker E&O Claims / Coverage / Insurance placement / Agent - Broker custom & practice / Surety / Professional Liability / Adjudicating construction industry E&O claims / E&O / D&O / Claims-made coverage / Fronting / Claims-made trigger / Surplus Lines coverage / "Program" business / Underwriting / Licensing / Claims handling standard of care / Property / General Liability / Premises Liability / Products Liability / Off-shore placements / Arbitration
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    14 W. Rosemont Avenue
    Alexandria VA 22301
    USA
    phone: 703-888-2685
    patrick_lang_photo.jpg
    W. Patrick Lang is a Strategic Military & Political Intelligence Analyst. He is a retired senior officer of U.S. Military Intelligence and U.S. Army Special Forces (The Green Berets). Col. Lang served in the Department of Defense both as a serving officer and then as a member of the Defense Senior Executive Service for many years. He is a highly decorated veteran of several of America’s overseas conflicts including the war in Vietnam.

    Col. Lang was Trained and Educated as a Specialist in the Middle East by the U.S. Army and served in that region for many years. He was the first Professor of the Arabic Language at the United States Military Academy at West Point, New York. In the Defense Intelligence Agency (DIA) he was the “Defense Intelligence Officer for the Middle East, South Asia and Terrorism,” and later the first Director of the Defense Humint Service.” For his service in DIA, he was awarded the “Presidential Rank of Distinguished Executive.” This is the equivalent of a British knighthood.

    A Retired U.S. Army Officer, Col. Lang is also a Media Consultant for many TV, radio and print productions, commentating on the Middle East, South Asia and Islam, among other issues.

    Col. Lang has in-depth knowledge of Special Forces, clandestine and overt HUMINT intelligence collection operations and executive management of the same, counterinsurgency, unconventional warfare and counter guerrilla operations. He is an Expert Trainer of U.S. and other personnel in Operations Requirements in Muslim Countries.

    Col. Lang is the author of several articles and books, including the most recent: "Death Piled Hard," (A Tale of the Confederate Secret Services). He is also a sought after Public Speaker.

    Expert Resource Available To:
  • Industrial
  • News
  • Security
  • International Business
  • Brokerage Firms in Threat
  • Risk Analysis
  • Strategic Planning
  • Negotiations with Government & Non-Government entities in Muslim countries
  • 3/15/2011 · Politics
    "Were we right or were we wrong?" This was Director of Central Intelligence (DCI) George Tenet's central question in his 2004 talk to the faculty and students of his alma mater, Georgetown University.

    2/21/2011 · Politics
    In Vietnam the theater army component intelligence collection architecture matured by the Spring of 1968.

    2/17/2011 · Politics
    In the aftermath of the Napoleonic Wars Europe was a political shambles.

    Col. W. Patrick Lang
    When Claude Devereux's brother, Patrick, is killed at the Battle of Gettysburg, he's devastated. But there is little time for grief. Devereux, a Confederate spy, has worked his way behind enemy lines in the North to become a prominent adviser to Secretary of War Edwin Stanton. If General Robert Lee and his comrades in the South have any chance of succeeding in beating the Union, Devereux knows that he must keep his cover at all costs. So he steers clear of danger even when he doesn't want to do so….Devereux must do all that he can to stop Grant in his tracks and help the South win its independence in Death Piled Hard.
    Col. W. Patrick Lang
    The Devereuxs of Alexandria, Virginia were moderate people. The eldest son seemed the most moderate of all. Claude Devereux wanted no part of secession. None of his family wanted Virginia to leave the Union. This family of bankers owned no slaves and. . .
    Col. W. Patrick Lang
    This succinctly written, no-nonsense introduction to the business of espionage looks at the history of intelligence gathering from the Revolutionary War to the present, including brief information on specific agents who have affected history. Topics include methods of collecting intelligence, recruiting, "tradecraft" or operational methods, the future of spying, and personality traits and education needed for a successful case officer. This is a useful source for reports and debates, as well as interesting reading for fans of espionage novels and movies who want to know what it's really like. Some of the Web sites appended are difficult to access, but there are some fascinating resources included.
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