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Securities Litigation Expert Witnesses

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Craig Wolson
Expert Witness and Consultant
One Grand Central Place, 60 E. 42nd Street
Suite 4600
New York NY 10165
USA
phone: 203-858-4804
Craig A. Wolson acts as a Structured Finance and Derivatives Expert Witness and Consultant. He specializes in cases involving credit default swaps (CDS), collateralized debt obligations (CDOs), mortgage-backed securities (MBS) and other types of derivatives and securities.

Background Experience Includes: Acting on behalf of 40,000 investors in $1.6 billion class action suit against bankrupt sponsor of special purpose issuer of notes secured by notes issued by CDO and credit default swaps with sponsor; acting on behalf of class led by two major pension funds against a major bank and numerous large underwriters involving mortgage-backed securities issued by several vehices established by the bank, and securities issued by the bank; acting on behalf of large investment bank defendant in arbitration proceeding brought by another large investment bank involving nine CDOS established by defendant; acting on behalf of large bank that had invested in now-worthless notes issued by SIV established by defendant banks; acting on behalf of large bank against another large bank that had sold the former CDOs and CDS.

Areas of Expertise:
  • Securitizations
  • Derivatives
  • Securities Law and Corporate Finance
  • Loans and Credit Facilities
  • Due Diligence
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Steven G. Roberts
CPA/CFF, CFE, CCI, CGMA, FCPA
Sammamish WA 98074
USA
phone: 425-868-3330 ext.151
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Steven Roberts Forensic Accounting Expert PhotoSince 1987, Steven G. Roberts, CPA, CFF, CFE, CCI, CGMA, FCPA, has focused exclusively on Valuation, Economic Analysis, Economic Loss Measurement, Forensic Accounting, and Fraud Examination. His assignments regularly include expert report and exhibit preparation, and deposition and courtroom testimony. Other of his engagements include arbitration, mediation and appraisal testimony.

Mr. Roberts has also been retained directly by the court as a Special Master relative to economic loss measurement and forensic accounting issues. He is a Certified Public Accountant, Certified Fraud Examiner and Forensic Certified Public Accountant. He is also certified by the AICPA in Financial Forensics, is a Certified Criminal Investigator, and is a member of the Academy of Court Appointed Special Masters. Over the past 29 years, Mr. Roberts has been directly responsible for designing, implementing and managing more than 2,000 engagements involving billions of dollars.

He has managed economic loss and valuation engagements in Alaska, Europe, across North America, in Mexico, and throughout the Gulf and Pacific Rim. He is a speaker, lecturer and author of courses and articles on economic damage measurement principles, forensic accounting issues and independent expert practices. Mr. Roberts is the principal and founder of Veritas Forensic Accounting and Economics.

Areas of Expertise:

  • Breach of Contract
  • Breach of Fiduciary Duty
  • Business Interruption
  • Business Dissolution
  • Economic Viability
  • Class Actions
  • Bellwether Plaintiffs
  • Construction Defect Issues
  • Construction Delay, Cost Overrun
  • Builder's Risk Policies
  • Employee Dishonesty
  • Receivership
  • Bankruptcy
  • Fraud
  • Insurance Loss
  • Inventory Loss
  • Property Damage
  • Intellectual Property
  • Partner Disputes
  • Personal Injury
  • Wrongful Death
  • Product Liability
  • Securities Damages
  • Wrongful Termination


  • View Steven Roberts' Consulting Profile.
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    Patrick Chylinski, MAFF, CVA, CFE
    515 South Flower Street 41st Floor
    Los Angeles CA 90071-2201
    USA
    phone: 213-330-4605
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    RSM US, LLP is the 5th largest Accounting and Consulting Firm in the country, with over 85 offices across the United States. Our litigation consulting and financial forensics practice focuses on assisting counsel and clients in the areas of business and commercial litigation matters, forensic and fraud investigations, contract compliance matters, and royalty inspections.

    Our professionals have extensive experience assessing and quantifying damages in a variety of matters including contract disputes, post-closing and post-acquisition disputes, breach of fiduciary duty matters, real estate disputes, fee disputes, partnership disputes, as well as conducting analysis in forensic and fraud matters.

    Industry experience includes, among others, technology, manufacturing, hospitality, government and public sector, banking, consumer products, real estate, financial services, and entertainment. Our team of consultants has qualifications, certifications, and educational experience that include Certified Public Account (CPA), Master Analyst in Financial Forensics (MAFF), Certified Fraud Examiner (CFE), Certified in Financial Forensics (CFF), Certified Valuation Analyst (CVA), MBA, and JD.

    Our professionals have experience testifying at deposition, arbitration, and trial and have experience working in the following types of matters:
    • Economic Damage Analysis
    • Fee Disputes
    • Billing Disputes
    • Breach of Contract Matters
    • Post-acquisition Disputes
    • Earn-out Disputes
    • Fraud Investigations
    • Forensic Investigations
    • Breach of Fiduciary Duty Matters
    • Business Interruption Matters
  • Construction Claims
  • Covenant Not To Compete Matters
  • Business Valuations
  • Contract Compliance / Royalty Investigations
  • Health Care Litigation Matters
  • Insurance Claims & Coverage Disputes
  • Intellectual Property Related Matters
  • Marital Dissolution Matters
  • Purchase and Sale Disputes
  • Securities Litigation Matters
  • Patrick Chylinski Economic Damages Expert PhotoPatrick Chylinski, MAFF, CVA, CFE is a principal and the West Region Practice Leader for RSM’s Litigation Consulting and Financial Forensics practice. He has extensive experience managing and directing engagements relating to complex commercial litigation, business disputes, investigations of fraud and financial misconduct, and business valuations. He has been designated as an expert in numerous cases, and has testified as an expert in litigation matters relating to contract and fee disputes. Mr. Chylinski has experience serving clients across various industries including healthcare, financial services, real estate, construction, insurance, gaming, entertainment, and technology.

    Past experience includes roles as a Director of the Litigation Consulting and Forensic Accounting Services practice group for a top-25 national accounting and consulting firm, as well as a leadership position at a top regional firm. Earlier in his career, Patrick worked in the Financial Advisory Services group at Deloitte & Touche, focusing on dispute consulting.

    In addition to his work experience in professional services, Patrick has extensive industry experience, having worked as a Vice President of Financial Planning and Analysis for what was one of the largest mortgage banking and financial services firms in the country. Patrick also worked in commercial real estate, performing financial analysis and mergers and acquisition due diligence at a commercial real estate investment firm. He also has experience in the securities industry, at one time holding NASD Series 7 and 63 licenses.

    Litigation and Dispute Services:
    • Contract Disputes
    • Fee Disputes
    • Damage Analysis
    • Lost Profit Analysis
    • Partnerships and Real Estate Disputes
    Forensic and Investigative Services:
    • Licensing and Royalty Disputes
    • Purchase Price / Earn-out Disputes
    • Forensic Analysis
    • Fraud Investigations
    • Contract Compliance
    8/20/2014 · Forgery & Fraud
    When many people think about fraud, their thoughts usually turn to banks, investment firms and large businesses. But don't be fooled. Not-for-profit organizations – including many charities, colleges, religious entities and trade groups – are often easy targets for sophisticated fraud schemes.

    Business acquisitions and dispositions are often highly complex transactions which can possess an increased potential for disagreements-disagreements that can eventually lead to contentious and costly litigation. Various types of disputes can arise from the purchase or sale of a business, and these post-closing or postacquisition disputes can delay or even derail what may otherwise appear as obvious "win-win" transactions.

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    Ian Allport
    Information Technology Consultant
    New York NY 10022
    USA
    phone: 212-813-0403
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    Ian Allport Intellectual Property Expert PhotoIan Allport, principal at Radical Software & Consulting Inc., has over 30 years of experience in the Financial Services and Information Technology industry.

    Background Experience - For over 25 years Mr. Allport worked in various roles in the financial services industry. He has experience in developing applications for many business types and has operated at many different levels of responsibility including project management, application design, and programming. In those roles, he provided technology solutions and was intimately involved in the creation of new business platforms. At all times, Mr. Allport has been strongly aligned with the business operations in companies.

    Litigation Support - Since 2000, Mr. Allport has provided litigation services for legal firms throughout the United States and Canada in the area of infringement of intellectual property, namely: Patents, Copyrights, and Theft of Intellectual Property. His cases have included subject matter related to:
    • Financial Service Applications
    • Health Care Services
    • Medication Dispensing Software
    • ATM and Point of Sale Transaction Processing
    • Check Image Processing
    Areas of Expertise:

    Patents - Ian Allport has extensive experience in automated trading, including algorithmic and high frequency technology. These skills have been utilized on cases including Reuters vs. Bloomberg, LLC in a patent infringement litigation and a case of potential patent infringement involving automated execution platforms. Mr. Allport creates and examines claim charts, provides input to attorneys evaluating the validity of a patent, and performs detailed code and processing analysis of an application that potentially violate a patent.

    Copyrights - To determine if a copyright has been violated, Mr. Allport utilizes analytical skills including abstraction, filtration and comparison, standards of substantially similar, look and feel protection, virtually identical analysis, and a detailed examination of the processes used in conjunction with the potential violating application. These tasks culminate in a report detailing whether or not the copyright was violated and, if so, the manner in which it was done including the use of copyright case history to highlight how conclusions were drawn.

    Theft of Intellectual Property - Mr. Allport examines motives, defendant skill sets, opportunity, and the systems in question to determine if IP theft has occurred. Extensive reports are created based on his findings.
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    Gontran de Quillacq
    Securities Consultant / Quantitative Portfolio Manager
    FINRA Arbitration
    NY / NJ
    USA
    phone: 732-533-9066
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    Gontran de Quillacq has over 20 years of Securities experience specializing in Portfolio Management, Equity Derivatives Trading, Proprietary Trading and Investment Research. He has worked with top-tier banks and hedge funds in both London and New York.

    Background Experience - A proprietary and derivatives trader, Mr. de Quillacq traded derivatives, from vanillas to exotics. As a portfolio manager, he researched and managed investment strategies, delivered both in hedge fund and in structured note formats. He actually initiated the distribution of investment strategies with derivatives, an activity now called 'portable alpha' and 'smart beta'. For five years, Mr. de Quillacq then ran due diligence on investments strategies and selected senior investment personnel for some of the world’s most famous and most demanding hedge funds and asset managers - portfolio managers, analysts, quants, CIOs, CROS. In 2017, he co-founded a quantitative fund deploying the latest machine learning techniques in global long/short equities.

    Litigation Support - Mr. de Quillacq's investment experience and cross-sectional review of other professionals give him unique experience on what can be done, what should be done, what should not be done, and the grey areas in-between. During a personal case against HSBC, his legal team was so impressed by his wide and thorough knowledge in finance, his capacity to explain complicated ideas in simple terms, and his strong performance on the stand, that they strongly recommended he expand his litigation support services.

    Mr. de Quillacq's services are available to attorneys representing plaintiff and defendant and include written reports, deposition, arbitration, mediation, and trial testimony as needed.

    Areas of Expertise:
    • Investments and Trading: Securities and derivatives (stock options, swaps, exotics...), structured products, complex financial instruments, benchmarks manipulation (Libor, FX, indices), liquidity management, statistical arbitrage and algorithmic trading, portfolio construction and risks, management fees, broker dealers, hedge funds
    • Recruitment and Employment: Front-office personnel, portfolio managers, traders, quants, analysts, broker-dealers, compensation, due diligence, U5
    • Supported Practice Areas: Financial fraud & litigation, commodities & securities manipulation, white-collar crime, broker-dealers, hedge funds, investigations, enforcement, whistleblowing, ADR, FINRA arbitrations
    Education / Training:
    • HEC Paris, MBA Finance, 1995
    • US Berkeley, visiting scholar, differential algebra, 1993
    • Ecole Superieure d'Electricite, doctoral degree (DEA), 1993
    • Stanford Research Institute, international fellow, atomic physics, 1992
    • Ecole Normale Superieure de Lyon, MS theoretical physics, 1992
    • Ecole d'Application du Train, lieutenant, 1990
    • Lycee Faidherbe, classes preparatoires, 1989
    4/11/2018 · Securities
    It's a no-brainer; the financial industry has changed a lot over the last decades. There are multiple causes. Among the structural factors, one can mention the rise of technology, the decimalization and electronification of exchanges, the introduction of ECNs for equity, the increases in volume and speed of those exchanges. There were also significant regulatory changes (MiFID, Basel, Dodd-Frank...). Derivatives trading has changed a lot too. But what happened to the VIX on February 5th, could be a wake-up call to the industry and generate another wave of deep changes.

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    Michael B. McDonald, PhD
    Financial Economist
    76 English Lane
    Shelton CT 06484
    USA
    phone: 203-302-0367
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    Michael B. McDonald, PhD, is a professional Financial Economist with a PhD in finance, and a significant background working in finance. His consulting clients and professional work experience includes engagements for Fortune 500 companies, government regulators, and institutional investors.

    Litigation Support - Dr. McDonald is also a university professor of finance, a FINRA arbitrator, and a frequent expert witness in the field of Forensic Economics. He prides himself on being:
    • Adept at bringing dry material to life
    • Proficient with using sophisticated statistical analysis in securities and valuation matters to objectively and effectively make your point in court
    Dr. McDonald specializes in working on cases related to business disputes, economic loss, bankruptcies, spin-offs, and unfair business practices. He has done past consulting work in the following areas:
    • Accounting Fraud
    • Bank Analysis
    • Bankruptcy
    • Business Appraisal
    • Business Analysis
    • Business Economics
    • Business Litigation
    • Business Valuation
    • Corporate Finance
    • Corporate Governance
    • Damage Analysis
  • Damage Models
  • Economic Analysis
  • Economic Forecasting
  • Financial Forecasting
  • Financial Analysis and Assessments
  • Feasibility Studies
  • Municipal Bond Analysis
  • Municipal Distress
  • Risk Assessment
  • Securities Valuation / Litigation
  • Tax Planning
  • Author - Dr. McDonald writes a regular column on valuation in oil and gas markets for OilPrice.com. His writing is often syndicated to TIME Magazine, Yahoo Finance, Business Insider, Seeking Alpha and been cited in the Wall Street Journal, Marketwatch, Bloomberg, and dozens of other financial publications. Dr. McDonald has authored extensive research studies on investments, corporate debt, rates of return to investors under various scenarios, and valuation of tangible and intangible assets.

    Dr. McDonald has authored numerous studies on which he has received various awards from professional organizations like the Academy of Economics and Finance, and the Association of Business and Behavioral Finance.

    View Dr. McDonald's Consulting Profile.
    7/22/2016 · Finance
    In many bankruptcies the choice of how to proceed with a case turns critically on the level of debt the firm has and the sustainability of that debt. Effective negotiations with creditors or arguments in court require marshalling a cogent line of reasoning regarding the ability of a firm to handle the debt that it is carrying. This guide is intended to help attorneys understand the basic financial metrics that objectively determine whether a business can sustain its proposed debt load upon exiting bankruptcy.

    6/15/2016 · Finance
    Abstract: This paper investigates whether firms vary the debt side of their capital structure, based on changes in investor demand for bonds. Examining asset flows into various asset classes over the last 30 years reveals that companies respond to recent increases in demand for bonds from investors by altering their capital structure towards greater use of debt. Firms are more likely to issue debt as demand for bonds rises, and their use of debt increases (decreases) in periods when demand for bonds is high (low) compared to periods when demand is not significantly changed. Firms use more (less) debt when spreads between corporate yields and Treasury rates are low (high), consistent with efforts by managers to adjust their debt issuances based on relative debt costs. These results hold after controlling for seasonality, firm effects, and macroeconomic conditions. These findings suggest that investor demand for debt needs to be taken into account when examining the capital structure puzzle.

    5/6/2016 · Finance
    Let me tell you a sad story; Joe owned a marketing company and earned a prosperous living for several years. Joe's business was growing rapidly and all seemed right with the world. Then a trusted employee left Joe's firm, taking with him half of Joe's customers in violation of his non-compete agreement. Joe's business slowly suffered and lost customers until eventually his firm declared bankruptcy.

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    Stephen P. Magee, PhD
    President
    1801 Lavaca St. Suite 10E
    Austin TX 78701
    USA
    phone: 512-656-6666
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    Stephen Magee Finance Economics Expert PhotoStephen P. Magee, PhD, has over 40 years of experience in the fields of Finance and Economics. He is currently the James L. Bayless/Enstar Corporation Professor of Finance and Economics and former chairman of the Department of Finance at the University of Texas at Austin. He holds a PhD in economics from the Massachusetts Institute of Technology.

    Dr. Magee teaches courses in managerial microeconomics and global finance, covering topics including antitrust, intellectual property, company and security valuation, and the cost of capital. Dr. Magee has published nearly 80 academic articles and three books. He has won three major teaching awards and the top career research award at the Graduate School of Business at the University of Texas.

    Dr. Magee’s current research interests include:
    • The Economics of Intellectual Property and Industrial Organization
    • The calculation of Royalty Rates and Patent Infringement Damages
    • Cross-national Economic Effects of Legal Systems and Lawyers
    • The economics of mergers
    • The Supply Effects on Physicians of State Medical Malpractice Reforms
    • International trade
    Dr. Magee has worked on the White House staff and has advised four administrations (Johnson, Nixon, Ford, and George R. W. Bush). In 2003, he presented an academic paper before 1000 international economists at a conference in Havana, Cuba that was attended by Fidel Castro. The paper was on intellectual property and the effect of the informational revolution on economic development. One of Dr. Magee’s books (Black Hole Tariffs) was endorsed on the cover by two Nobel laureates in economics (Stigler and Buchanan) and the chairman at the time of the Nobel committee for economics (Assar Lindbeck).

    Dr. Magee has served on the National Science Foundation Committee for Economics and the Secretary of Commerce’s Economic Advisory Board and on the editorial boards of six academic journals: the Review of International Economics, Journal of Economic Integration, Journal of International Economics, the Review of Economics and Statistics, Economics and Politics, and the International Trade Journal. He has also served as a member of the Brookings Panel on Economic Activity.

    Litigation Support - Dr. Magee has extensive experience as an expert witness for leading companies in the software, computing, e-commerce, internet search, consumer products, healthcare, and petroleum and petrochemical industries. Clients he has testified for include Kodak, DuPont, Microsoft, HP, Cisco, Amazon, Exxon, Dow, Western Union, Becton Dickinson, Mondis and before the Texas Public Utility Commission. He won a $2.4 billion securities case, affirmed on appeal in 2014 and a $156 million antitrust case in 2014, affirmed in 2015 by the Fifth Circuit and affirmed in 2016 by the US Supreme Court.

    Areas of Expertise:
    • Antitrust
    • Econometrics
    • Business & Finance
    • Business Analysis
    • Business Economics
    • Business Interruption / Lost Profits
    • Business Securities
    • Commercial Litigation Damage Analysis
    • Damage Models
    • E-Commerce Economic Analysis
    • Economic Forecasting
  • Economics Finance Infringement
  • Intellectual Property Damages
  • Intellectual Property Valuation
  • International Economics
  • International Trade Litigation
  • Patent Analysis
  • Patent Infringement Damages
  • Trade Secrets
  • Securities / Stock Litigation
  • Statistical Analysis
  • Misappropriation
  • Stephen P. Magee, PhD, et al
    This book provides a special interest theory of protection, developing a full general equilibrium theory that explains the distribution of income with goods markets, factor markets, lobbies, political parties, and voters all pursuing their self interest. This probabilistic voting model shows how well-organized groups can use seemingly irrational government policies to exploit poorly organized groups.
    Stephen P. Magee, PhD
    Stephen P. Magee, PhD
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    Donald M. May, PhD, (Financial Economics), CPA
    Managing Partner
    4 Lynwood Ct.
    Cortlandt Manor NY 10567
    USA
    phone: 212-390-0595
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    Donald May Business Damages Expert PhotoDonald M. May PhD, CPA, Managing Partner at DMA Economics, LLC, possesses over 30 years of Valuation and Economic Damages experience. He implements a broad range of damage analyses and valuations for clients, including billion-dollar investment funds under SEC investigation as well multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.

    Background Experience - Prior to founding DMA Economics LLC, Dr. May was Managing Director at Berkley Research Group and the Principal in charge of valuation and litigation support services for a regional accounting firm, a Managing Director for PricewaterhouseCoopers, and a professor at the Massachusetts Institute of Technology - Sloan School of Management. He has performed over 200 valuations of closely held businesses across numerous industries for financial reporting and estate planning.

    Dr. May has been published in several distinguished academic and practitioner journals such as The Journal of Finance, The Quarterly Review of Economics and Finance, Hedge Fund Law Review, and is currently an editorial board member of The Journal of Business Valuation and Economic Loss Analysis.

    Litigation Support - Dr. May is a world class expert in the Valuation of Damages. Dr. May has prepared expert reports and testified in federal and state courts as well as AAA, JAMS, and FINRA arbitration hearings, and has also effectively communicated as an expert witness testifier and consultant in several multi-million dollar cases.

    Recent Litigation Matters:
    • Misrepresentations in Leveraged Buyout (“LBO”) Financing Practices
    • Theft of Trade Secrets, Trade Dress, and Intellectual Property
    • Food Product Mislabeling
    • Securities Fraud Under SEC Section 10b-5 and Section 11
    • Accounting Misstatements in Public and Private Company Acquisitions
    • Lost Profits and Lost Enterprise Value Associated with Product Defects and Breach of Contract
    View DMA Economics' Consulting Profile.
    1/19/2018 · Economics
    Benchmarks are the basis for damages. But when the assumptions behind the benchmarks fail to stand up to Daubert scrutiny, expert testimony may be excluded.

    12/14/2017 · Economics
    This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.

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    Charles Porten, CFA
    CFA, President
    9 Little Fox Lane
    Weston CT 06883
    USA
    phone: 203-454-4615
    fax: 203-227-2763
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    Charles Porten, CFA, is a Registered Investment Advisor, Chartered Financial Analyst, and investment expert with more than 30 years of experience in portfolio management of trust and advisory accounts, brokerage accounts, hedge funds and mutual funds, due diligence procedures, and compliance issues. His clients include attorneys, individuals, banks, investment advisors, broker-dealers, corporations, and the SEC.

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

    Litigation Support - Mr. Porten has testified over 75 times in court, depositions and arbitrations. He has been qualified to testify as an expert witness for both plaintiff and defendant on matters including:
    • Fiduciary Duty
    • Hedge Funds
    • Mutual Funds
    • Trusts and Estates
    • Variable Annuities
    • Investment Advisor
    • Brokerage Accounts
    • Portfolio Management
    • Due Diligence
    • Supervision
  • Standards of Care
  • SEC
  • Exchange Funds
  • ETF's
  • ERISA
  • IRA's
  • Securities Fraud
  • Acquisions
  • Suitability
  • Compliance Issues
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    Prof. J. Gregory Sidak
    1717 K Street, NW
    Suite 900
    Washington DC 20006
    USA
    phone: 202-518-5121
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    Gregory Sidak Antitrust Economics ExpertJ. Gregory Sidak is an Expert Economist in the fields of Damages, Antitrust, Patent, Telecommunications Regulation, Commercial and Investment Arbitration, and Intellectual Property Law. Prof. Sidak is Chairman of Criterion Economics, L.L.C. in Washington, D.C. The focus of his research has been regulation of network industries, antitrust policy, the Internet and electronic commerce, intellectual property, and constitutional law issues concerning economic regulation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    J. Gregory Sidak, Dan Maldoom, Richard A.D. Marsden, Hal J. Singer
    The Brussels Round Table, a forum of leading EU telecommunications operators and equipment manufacturers, commissioned these articles. They examine the deployment of broadband in European countries and make policy recommendations related to telecommunications regulation. Specific topics include pricing flexibility, competition, growth potential, likely future dynamics, competition, investment opportunities, eliminating excess regulation, facilitating longer-term points of view, and suggestions for transparent and competition-neutral subsidies.
    J. Gregory Sidak
    This book addresses deregulatory policies that threaten to reduce or destroy the value of private property in network industries without any accompanying payment of just compensation, policies that are termed "deregulatory takings." The authors further consider the problem of renegotiation of the regulatory contract, which changes the terms and conditions of operation of utility companies.
    J. Gregory Sidak
    Restrictions on foreign investment in U.S. telecommunications firms have harmed the interests of American consumers and investors, argues J. Gregory Sidak in this convincing study. Sidak shows why these restrictions, originally intended to protect America from the perils of wireless telegraphy by foreign agents, should be repealed...
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    Wayne Citron
    Insurance Expert
    6 Carter Dr.
    Marlboro NJ 07746
    USA
    phone: 800-248-7661732-972-9500
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    Wayne Citron has 45 years of experience as an expert in Forensic Reconstruction of Insurance Transactions. He is an insurance expert and consultant.

    Litigation Support - Wayne Citron specializes in policy interpretation of the rules, laws, and regulations governing insurance and financial matters. His services are available to attorneys representing plaintiff and defendant and include effective reports, affidavits, depositions, and testimony as needed.

    Areas of Expertise:
    • Insurance Bad Faith
    • Insurance Customs and Practices
    • Insurance Health / HMO / Disability
  • Insurance - Life & Annuities
  • Property / Casualty Insurance
  • Insurance Agents & Brokers - Standard of Care
  • Mr. Citron established the Citron Agency and CMC Advisors Inc. in 1972, where his duties included executive and managerial responsibilities, sales, service, compliance with all insurance matters as well as securities laws and regulations. Both firms are leaders in life, health, disability and property and casualty insurance.

    Mr. Citron is an expert in all forms of insurance, including:
    • Life Insurance
    • Health Insurance
    • Property and casualty Insurance
    • Disability Insurance
    • Annuities
    • Retirement, IRAs & Pensions
  • Flood Insurance
  • Broker Malpractice / Bad Faith
  • Profit Sharing
  • Group Coverage
  • Self-insurance
  • Insurance Laws / Regulations
  • Mr. Citron has served as an instructor for Prudential Insurance Company Brooklyn Agency (1973) educating personnel in general insurance matters, underwriting, and insurance law. He has worked with companies including Prudential Insurance Company, United States Life Insurance Company, North American Company for Life and Health Insurance, American General Life Insurance Company, William Penn Life Insurance Company, American Life Insurance Company, Chubb Insurance Company, Travelers Insurance Company, Mass Mutual Insurance Company, John Hancock Insurance Company, and American International Group (AIG), among other.

    View CMC Advisors' Consulting Profile.
    3/8/2018 · Insurance
    It's a daunting decision, whether or not you need to pay for an insurance expert when you have an insurance claim. Typically, you would just contact your broker to handle things. And while this might be the right and necessary decision, your broker represents the insurance company. That means they work for them, not you. If you're in a fender bender, then calling your broker or agent is most likely the best first step. The truth is that you may be able to handle the matter yourself. Once you make the call and file the claim, the insurance company's adjuster will come out, take note of the damage, assign a value and pay you. If your body shop disagrees with the claims adjuster, they can call the adjuster, file a subsequent claim, and handle the matter for you.

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    John T. Foster
    President & CEO
    NJ USA
    phone: 609-707-1071
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    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:
    • Senior Issues
    • Suitability
    • Supervision
    • Churning
    • Discount Web Brokers
    • Complex Products
    • SEC Direct Market Access (15c3-5)
  • Written Supervisory Procedures (WSPs)
  • Financial Advisor Supervision
  • FINRA Compliance
  • Private Security Transactions
  • Outside Business Activities
  • Certified Anti-Money Laundering Specialist
  • Master Accounts and Sub-accounts
  • Licenses and Memberships:
    • FINRA Series 3, 7, 24, 27 and 63
    • Certified FINRA Dispute Resolution Arbitrator
    • Member of the Securities Experts Roundtable
    • Certified Anti-Money Laundering Specialist (CAMS)
    View Bedford & Main's Consulting Profile.
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    Bob Lawson, CFE®, AIF®, RFC®, LUTCF®
    Securities & Insurance Expert Witness | FINRA Arbitrator
    3800 American Boulevard West
    Suite 1110
    Bloomington MN 55431-4460
    USA
    phone: 800-741-0704
    fax: 952-835-1504
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    Securities ExpertCertified Fraud ExaminerMr. Bob Lawson, AIF®, CFE®, RFC®, LUTCF, is a Securities & Insurance Expert Witness retained for FINRA arbitration, mediation, and federal/civil court litigation. Mr. Lawson possesses over 30 years of experience within the securities and insurance industries. In 1988, Mr. Lawson founded Barrington Capital Management, Inc., a Registered Investment Advisory firm and Insurance Agency, and currently serves as the President and Chief Compliance Officer.

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

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

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

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

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

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

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

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

    View Consulting Profile.