Steven Proto is a Certified Auto Appraiser (IAAA Certified USAAP compliant) expert with over 20 years of experience as an Auto Valuation Expert.
Mr. Proto's expertise is in Fraud Investigations, including diminished value, dealer vs. dealer disputes, prior accident damage detection, and classic car valuations. He serves as an Auto Mediator Umpire and established and maintains markets in automotive vehicles, inspecting vehicles, appraising vehicles, dealer transactions, and arbitration disputes for top tier auto franchises (the largest auto retailers in the world).
Litigation Support - Mr. Proto is qualified to testify in State Court and in arbitration proceedings as an Automotive Expert in Vehicle Valuation and Dealer Fraud. He can assist in the discovery stage to ensure clients are able to document real damage or the bogus nature of fraudulent claims. Mr. Proto serves as an expert witnesses for both plaintiff and defendant.
Barrington Capital Management, Inc. provides customized financial solutions for unique financial challenges and objectives. Their expertise is in the development, implementation and ongoing management of a customized and diversified investment strategy. Barrington's mission is to assist in building, enhancing, and protecting personal wealth and maintaining financial security.
President and Chief Executive Officer, Bob Lawson, has over 35 years of financial services experience as an Investment Advisory and Insurance Agency Executive, Securities Principal, and Options Principal. Bob proudly serves as an industry arbitrator for the Financial Industry Regulatory Authority (FINRA) and the National Futures Association (NFA), a Certified Fraud Examiner (CFE), ERISA (3)-21 Fiduciary, Master Registered Financial Consultant, and an Accredited Investment Fiduciary. In addition to teaching advanced investment strategies and Retirement Planning classes throughout the year.
Bob Lawson has special expertise in stock options and has presented the following Options Industry Council (OIC) seminars to retail and industry professionals throughout the United States:
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.
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.
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.
Geoffrey Beresford Hartwell is a Chartered Consulting Engineer who practices as an Arbitrator, Adjudicator and Expert for Determination. Geoffrey is the former Senior Partner of Consulting Mechanical and Electrical Engineers BHA Cromwell House.
Electrical Engineering and Design
Mechanical Engineering and Design
Automation and Computer Control Systems
Maritime and Infrastructure Engineering
Solid Waste Handling
Moving Bridges and Lock Gates
Construction Project Management
Water and Waste Water Treatment
Consulting Services Include:
Arbitration - Geoffrey Hartwell acts as an arbitrator and adjudicator, as an expert mediator and conciliator, as an expert investigator and assessor for arbitral tribunals, and also as a Special Referee in the High Court of Justice of the Isle of Man. His services have been required in the UK and internationally
Dispute Boards: Geoffrey has experience both as Member and as Chairman of Dispute Boards. He has been a member of Dispute Boards, retained from the beginning of a project or, alternatively, appointed on an ad hoc basis when a problem arises, Dispute Adjudication Boards to determine a binding decision, and on Dispute Review Boards to make decisions that are advisory but not binding
Adjudication: Similar to arbitration, Mr. Hartwell adjudicates domestic and international disputes which are only temporarily binding unless otherwise agreed upon by the parties
Background: After his early career in aerospace and nuclear energy, Geoffrey entered private practice in association with the late Leslie Heap and Gerald Lewis of Heap and Digby, Consulting Engineers, in 1969. While with them he designed water and sewage equipment and also the bascule moving machinery for the Lowestoft Bridge, in Suffolk. He practiced also as Beresford Hartwell and Associates and, in 1971 established a separate office in Wallington, South London.
In parallel with his design career, Geoffrey was first appointed as arbitrator in 1972 and his first foreign arbitration, an ICC appointment in Switzerland, took place later that year. He studied Law to Intermediate level and then transferred to the examinations of the Institute of Arbitrators (now Chartered) of which he became Chairman in 1996-1997 and for whom he taught in various countries on several courses, including the prestigious Diploma in International Commercial Arbitration.
UK Maritime - Roll-On Roll-Off: At Yarmouth in the Isle of Wight, Geoffrey designed an hydraulically-operated vehicle ramp to engage with ferries at all states of the tide. Remote radio control enables the ramp to be trimmed by the approaching vessel. The project included car marshalling and adjustable area lighting
Modernization of The Tower Bridge, London - In 1974 BHA were appointed by Cleveland Bridge and Engineering Co Ltd to design and manage the modernization of the machinery of The Tower Bridge. The project included new electro-hydraulic pumps, hydraulic motors and drive gears
Ipswich - Central Control for Water Supply Network: The entire system of pumping stations, treatment works and distribution had new instrumentation and control connected by radio and landline telemetry to a central base station. Geoffrey designed and managed the entire scheme with a dedicated design team
International Commercial Arbitration, the chosen basis of the annual Willem Vis Moot, is arguably not au fond a process at law. It is quite simply the performance of an agreement between two parties to have a chosen third party hear and determine some difference between them.
Centennial Advisory Group is a boutique consulting firm specializing in Investment Management and Financial Services. They are a member of the Professional Association of Resume Writers and Career Coaches and hold the Certified Professional Resume Writer designation. Their goal is to enhance the career success and earnings potential of investment industry executives.
Career Path Advisory
Frank Carr is a Certified Professional Resume Writer, a former Hedge Fund Chief Financial Officer, a Corporate Banker, and a 20-year executive search veteran for the Financial Services and Investment Management industries. Mr. Carr has advised thousands of junior, mid-level and senior executives on how to position and maximize their careers within the financial world. With over 4,800 investment industry connections on Linked In, his reach throughout the financial services world is extensive. He has written articles for and has been frequently quoted by publications such as Bloomberg News, CNN Money, Fund Fire, Ignites, Absolute Return, Hedge Fund Alert, and Hedge Fund Manager Week. Prior to forming Centennial, Mr. Carr had been a Managing Director in the Global Asset Management practice at A.T. Kearney Executive Search, a top 10 U.S. search firm. He began his search career at LAI Ward Howell which was later acquired by TMP Worldwide (owners of Monster.com).
Prior to entering executive search, Mr. Carr was Chief Financial Officer of a Connecticut-based equity long-short hedge fund. He managed investor relations, accounting, and compliance, including registration with the Commodity Futures Trading Commission. Frank had spent eight years in commercial bank lending, initially with Citibank in their Wall Street Commodities division and later was a banker to the feature film and TV industries.
Clarity Concepts, Inc. provides risk consulting and training services that help develop businesses into a high-functioning organization through specially designed consulting and training programs that suit both individual and corporate needs.
Clarity Concepts, Inc.'s Services:
Enterprise Risk Management
Outsourced Risk Management
Insurance Program Analysis
Claims reduction through Risk Control
Corporate Governance Consulting and Training
Organizational / Group Training
Teambuilding for Organizational Effectiveness
Strategic Innovation Training
Crisis Management Planning
Principal, Jane Marie Downey, M.Ed, ARM, has over 35 years of experience in Risk Management and Property, Casualty, and Professional Liability Insurance. A well-known risk management consultant, leadership trainer, and frequent public speaker, she provides risk consulting, insurance broker management, outsourced risk management, as well as leadership and team training. Her risk management clients have included Schott Corporation, Carl Zeiss, Inc., Main Line Health Systems, Genencor International, Entech Creative Industries, Saint-Gobain Corp., Commerce National Insurance Services, Napco and CIGNA International.
Background - Ms. Downey’s corporate experience includes risk management positions with IU International, PaineWebber Group, Inc., and The West Company. She also worked as an Account Executive in insurance brokerage with the Hobbs Group, now part of Willis.
She taught Risk Management at Temple University's Fox School and Crisis Management at Penn State's Graduate Program. She currently teaches Continuing Educations courses for brokers and agents for the Institute of Strategic Educational Parners.
Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.
Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).
Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).
Firm's Areas of Practice Include
Commercial Real Estate
Casualty Insurance Defense
Construction Litigation and Transactions
Personal Injury Litigation
Alternative Dispute Resolution (mediation, arbitration and mini-trials)
In a previous edition of Construction Alert we reported to you on White v. Cridlebaugh (2009) 178 Cal.App.4th 506, in which the court confirmed that an unlicensed contractor could be sued for recovery of funds, even though the owner had received a benefit from the work performed by the unlicensed contractor. In that case, the owner was unaware that the contractor was unlicensed until after the work was performed.
It has long been a requirement that any subcontractor or material supplier seeking to enforce a mechanic's lien must first file a 20-day preliminary notice. The requirement existed before the California legislature revised laws relating to mechanic's liens and stop notices in 2012, and similar requirements exist after 2012.
The Public Contracts Code generally provides that contracts for certain dollar amounts, generally exceeding $15,000 to $25,000, must be sent out for bid and let to the lowest responsible bidder after appropriate notice is given. Public Contracts Code § 20803, which governs sanitary districts, contains such a requirement for any contract exceeding $15,000.
California law requires that contractors obtain the proper license before work can be performed on any project. (See Business & Professions Code § 7026.) Moreover, where a contractor files a lawsuit to recover monies owed for work performed, that contractor must plead and prove it was licensed at all times that the work was performed. (See Business & Professions Code § 7031.) The penalty for failure to maintain your license is severe. If you are unable to prove that you were licensed at all times, you are barred from recovering monies on any grounds, whether it be for breach of contract, fraud, or reasonable value of the services performed. (See Hydrotech Systems, Ltd. v. Oasis Waterpark (1991) 52 Cal.3d. 988.) But what happens if a contractor is licensed for most of the time that the work is performed and inadvertently allows his license to lapse for a period during the construction of a project? This article will discuss this issue.
The courts have been busy dealing with issues relating to bidding on public works projects. Two recent decisions have been issued: Great Western Contractors, Inc. v. Irvine Unified School District (2010) 2010 DJDAR 13815 and Schram Construction Inc. v. The Regents of the University of California (Southland Industries) (2010) 2010 DJDAR 13398.
Most contractors know that the mechanic's lien is one of the best remedies available to the contractor, laborer, and supplier because it allows for the foreclosure of real property if payment is not made for construction work and/or materials supplied to the project. What many contractors may be unsure of is on which projects a lien should be recorded.
Much has been discussed in the media regarding the fees lawyers charge. Some believe that they are excessive while others believe that due to their education and expertise, high rates are expected. What is not discussed, however, are the various methods lawyers use to determine how they will charge and what they will charge. This article will discuss the various billing practices that are available to you, the legal consumer.
Other than dealing with the Government, perhaps the most frustrating aspect of running a business is the collection of unpaid debts from your customers. Every business at one time or another will be faced with the situation where goods and/or services have been provided, no complaints have been received, yet your customer refuses to pay. This monograph will serve to answer a few questions you may have regarding collections as they arise in the commercial setting.
Unfortunately, many of us at one time or another, will be a victim of an automobile accident which was simply not our fault. If you are injured, the law provides that you may be entitled to recover monetary damages for hospital expenses, medical treatment, prescriptions, lost wages, and other damages for pain and suffering. The amount of such damages differs based upon your injuries.
As litigation becomes more expensive, clients look to more cost-effective means of resolving their disputes. This requires an evaluation of alternative dispute resolution, otherwise known as ADR. Alternative dispute resolution includes non-court alternatives such as negotiations, mediations, arbitrations, mini trials, and early neutral evaluation. Courts have recognized the benefits of ADR in virtually every court in the state. The federal courts have also adopted ADR programs.
As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have often taken over lawsuits as if e-discovery has a life of its own. This article will address the basics of e-discovery so that your business can start taking steps to minimize its impact.
In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?
Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.
It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.
Litigation in our court system has become an expensive, time-consuming, and frus trating process which often yields undesired results. Nevertheless, a trial may be necessary to vindicate certain fundamental rights. For many disputes, however, there are alternatives to trial. This article addresses some of the alternatives, known collectively as "Alternative Dispute Resolution ('ADR')," and their potential benefit.
Because of the increase in cost of litigation, and the more frequent use of arbitration clauses in all forms of contracts, arbitration is used with increasing frequency. Although arbitration is an excellent choice in many instances, it may not be right in every case. This article will discuss the pros and cons of arbitration so that you may know whether it is right for you.
Identity theft should be a concern to all because of its pervasiveness. One form of theft is the opening of a credit card account using a pre-approved credit card solicitation. You may have received one or more of these solicitations every day, if not every week. Sometimes, the same company will send more than one such solicitation. The credit card companies do this because they receive information from credit reporting agencies and those with acceptable credit scores are sent more attractive offers.
Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.
Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.
For many, the idea of owning your own business and being your own boss is alluring: you set your hours and you alone reap the rewards of your endeavors. Unfortunately, the road to success is often paved with many perils: employee costs continue to spiral as do the cost of goods; increased competition from other companies both here and abroad; more regulation from local, state and federal agencies; etc.
On virtually any day of the week, you can pick up a newspaper and read about a lawsuit. You read the article and say to yourself: "There but for the grace of God go I." Then, the seemingly inevitable happens: You receive a letter from an attorney (or their client) that you are to be sued, or worse, you are served with a lawsuit.
Construction Strategies provides a complete range of Construction and Construction Consulting services. They offer pre-construction services for owners considering future projects who need assistance in evaluating the feasibility and conceptual costs. Construction Strategies also offers post construction services for owners who are facing close out problems including conflict resolution, mediation assistance, close out service completion, punch lists, and warranty assistance.
Value Engineering Analysis
Design Team Management
Scope Package Development
Bid Evaluations & Recommendations
Contract Negotiation Support
Scheduling Development or Analysis
Change Order Negotiation
Management Information System
Document Control Systems
Post Completion Analysis
Quality Control Inspections
Code Compliance Inspections
Close Out Evaluation
Principal, Sanford C. Loy , CCM, B.Arch, MSCE, has over 40 years of experience in the Construction Industry. Mr. Loy has Degrees in Architecture and Engineering. A Certified Construction Manager (CCM), he is committed to the Code of Ethics and Standards of Professional Practice established by the Construction Management Association of America. CCM is the ANSI accredited professional designation for construction management and is the gold standard for CM service providers in over 145 countries.
Background Experience - Mr. Loy's experience spans virtually every type of building and design process. His strength centers on his understanding of the dynamics and interactions of the various trades and professions unique to every building project. He has experience with Construction Management at Risk, Construction Management Agency, Design-build, and Design-bid-build. Having successfully managed the completion of over one billion dollars of construction, Mr. Loy served as a Regional Engineer for the American Institute of Steel Construction and as Director of Construction and Development for Belz Enterprises, the largest development company in Tennessee, before founding Construction Strategies in 1988.
The construction industry is gigantic.....it has been around for centuries in this country alone....an industry with that much inertia does not embrace change easily. Introducing new processes and methodology is much like trying to turn an aircraft carrier with a boat oar. You can get beat up pretty good and not even effect the ship!
Victor Republicano, Jr., CPA, CGMA is an accounting and consulting practitioner, who has provided professional services to business owners, corporate management, lawyers and their clients, since 1977. Mr. Republicano provides assistance in all phases of the litigation process, from strategy sessions early in the dispute, through settlement negotiations, and trial. Among his distinguishing achievements are his CGMA (Chartered Global Management Accountant) designation from the AICPA (American Institute of Certified Public Accountants); Diplomate status from the American Board of Forensic Accounting, and his Fellow status from the American College of Forensic Examiners, in addition to his affiliation with the Association of Certified Fraud Examiners. Mr. Republicano has extensive experience in providing litigation consulting services and expert testimony in a wide variety of areas. His litigation consulting projects have included damage assessment and analysis, inspection and reconstruction of accounting records, pre-trial preparation, expert testimony, witness preparation, courtroom assistance, and post-trial consultation with counsel. He has served as an expert witness in over 100 cases, including matters in state and federal court, administrative proceedings, and alternative dispute resolution forums. Mr. Republicano is experienced in small business consulting, accounting and auditing, publicly traded companies, and litigation services. His industry experience includes: Ag-Chem, Construction, Distribution, Financial Institutions, High-Tech, Manufacturing, Network Marketing, Non- Profit Organizations, Professional Services (Architects, Engineers, Law Firms, etc), Securities and Retail. Mr. Republicano has assisted a variety of companies with IPO's, private placements and statutory filings with the Securities and Exchange Commission. He also has provided extensive consultations to entrepreneurs and others and other non-public business owners regarding mergers and acquisitions, inventory control systems, credit and collections management, and property lease analyses. Litigation and Other Services:
Alternate Dispute Resolution (Mediation, Referee, Special Master)
Damage Calculations and Assessment
White Collar Crime
Investigative Services (accounting, finance, business and trade practices)
DMA Economics, LLC is a world class provider of Valuation Analyses in high-stakes litigation. Their clients include 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.
DMA Economics has performed valuations for cases involving Theft of Trade Secrets, Securities Fraud, Product Mislabeling and Consumer Fraud, and Lost Profits and Enterprise Value to name a few.
DMA Economics also has extensive experience in the valuation of business interests for non-litigation matters. These include but are not limited to valuations of non-public business interests, for acquisition and regulatory purposes.
Donald 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 as smaller businesses concerned with the impact of potential litigation and strategies to reduce potential liability.
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.
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.
PRACTICE AREAS AND EXPERTISE: Peacemaking, mediation and conflict management of difficult community, business and interpersonal conflicts.
From 1978 to 1998, trial lawyer with demonstrated success in complex, difficult, or unique cases. Experienced in both state and federal trial and appellate courts. Experienced in AAA commercial and construction arbitration and SEC/NASD arbitration. Broad range of knowledge, including construction, business, contract, finance, constitutional law, commercial law, and insurance law.
With over 22 years of experience, Mr. Noll has litigated and arbitrated diverse and complex cases before state and federal juries, judges and administrative tribunals. His practice is now devoted to resolving business and interpersonal conflicts without litigation. He has mediated over 400 difficult and complex conflicts including employment disputes (gender discrimination, racial discrimination, wrongful termination) construction defect cases, complex commercial and industrial construction disputes, CERCLA claims, partnership dissolutions, water rights disputes, shareholder disputes, intellectual property litigation, constitutional law cases, land use disputes, financial and commercial disputes, crop losses, estates and trusts litigation, and insurance disputes.
Let's consider what makes this time slightly different than previous times of unrest. The essential facts are that most Americans are suffering through the deepest economic depression since the 1930s. We barely avoided a complete economic collapse and may still see an economic collapse if the euro fails.
I am reading The Truth About Camp David: The Untold Story about the Collapse of the Middle East Peace Process by Clayton Swisher. This is a modern history of the events in the Clinton administration from 1999 to 2000 concerning US attempts to mediate peace between Israel and Syria and Israel and the Palestinians.
In this in-depth analysis, professional mediator Douglas E. Noll goes behind the headlines to understand why crucial negotiations fail. He argues that diplomats often enter negotiations with flawed assumptions about human behavior, sovereignty, and power. Essentially, the international community is using a model of European diplomacy dating back to the 18th century to solve the complex problems of the 21st century. Through numerous examples, the author shows that the key failure in current diplomatic efforts is the entrenched belief that nations, through their representatives, will act rationally to further their individual political, economic, and strategic interests.
Sex, politics and religion at the office are potent forces for attaining a sustainable competitive advantage in the post-modern workplace. Whether you are in charge of a Fortune 500 company, a nonprofit, an entrepreneurial enterprise, or just a few workers, if you are sweeping sexuality, political power, and values under the rug, you're leaving three powerful tools in the shed. Repression is not an option. In contrast, the rewards for developing a powerful, healthy workplace are profitable, reliable, and limitless. This unconventional approach, developed by authors John F. Boogaert and Douglas E. Noll, shows you how to unleash the incredible power of sex, politics and religion in your office.
In this book, Noll weaves many strands of academic thinking about human conflict into an integrated view of why people fight, how they fight, what they fight over—and how they can instead make peace, whether in the courtroom or beyond.
Diminished Value Auto Appraisal Consultants Houston Auto Appraisers
Roy Theophilus Bent, Jr., CEO of Houston Auto Appraisers, is a well known and respected expert and consultant in the automotive industry. He holds numerous licenses and credentials as an ASE Certified Mechanic, I-Car Collision Specialist, Licensed Auto Appraiser, Insurance Adjuster, Umpire, Mediator, Arbitrator, Classic Car Judge, and Vintage Car Historian. An IACP Certified Auto Appraiser and Field Inspector, Mr. Bent offers appraisal services to insurance companies, attorneys, banks, credit unions, lenders, agricultural credit corporations, accountants, government agencies, auctioneers, farmers, ranchers, transportation companies, and individual consumers. He provides the following selected consulting services:
Diminished Value Appraisals
Total Loss / Stolen Vehicle Appraisals
Certified Real Estate Appraisers and Texas Homeowners Insurance Claims Assistance
Industrial, Construction & Heavy Equipment Appraisals
Tractor Trailer and Equipment Appraisals
Travel Trailer Appraisals
KPRC 2 Houston News Interview with Roy Bent on Diminished Value
Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers (BOCAA), a National Professional Appraisal Credentialing Organization that has trained, tested, and certified over 2,400 students under his leadership in the practices of IACP Certified Auto Appraisals and Litigation assistance. In addition to his appraisal services, Mr. Bent offers Appraisal Training Certification courses designed to properly train and educate the appraiser with the minimum requirements set forth by the Bureau of Certified Auto Appraisers. BOCAA courses include:
IACP Certification Exam - To provide suitable training and education to the auto appraisal professional. IACPSM Certified Appraisers follow strict adherence to the Bureaus’ Code of Ethics and USPAP guidelines
Texas Adjusters Pre-Licensing Course - 40-hour Texas Adjusters Pre-licensing course approved by the Texas Department of Insurance as an alternative method of obtaining your Texas Adjusters Property & Casualty license
Auto Appraisals for Law Enforcement Agencies- Roy Theophilus Bent, Jr., IACP Certified Auto Appraiser & Expert Witness is regularly retained by the United States Department of Justice (DOJ), Federal Bureau of Investigations (FBI), U.S. Marshals Office, U.S. Customs and Border Protection, and Police Departments to assist with white-collar crimes, vehicular homicide crimes, and felony drug crimes resulting in Federal Criminal Forfeitures, Civil Judicial Forfeitures, Administrative Forfeitures & Seizures of rightfully seized and wrongfully seized assets and personal property including Exotic Luxury Cars, Luxury Motor Homes, Travel Trailers, Custom Motorcycles, and other valuable assets.
John Gillies is a Chartered Building Surveyor and the Senior Director of Johnson Gillies. Mr. Gillies is frequently involved in dilapidation assessments for Landlords and Tenants. In addition, he is often called upon to produce opinions and evidence in matters of dispute. Mr. Gillies provides Expert Witness reports for legal issues and appears in Court as an expert on construction and related matters.
The firm's Building Consultancy and Expert Services Include:
Surveys: Building, Homebuyer, Vendor, and Measured Surveys. Planned Maintenance, Defects Analysis, and Due Diligence Investigations.
Audits: Fire, Health and Safety, Environmental, Access, and Commercial EPC.
Development Consultancy: Development Monitoring, Party Walls, Planning, Rights of Light.
Construction Consultancy: Contract Administration, Design, Employers Agent, Feasibility Study, Fit Outs, New Build, CDM Co-ordination, Project Management, Refurbishment, Repair & Maintenance.
Landlord & Tenant: Dilapidations, Services and Charges, Licences and Alterations, Photographic Schedules, Schedules of Condition.
Dispute Resolution: Expert Witness, Adjudication, and Arbitration of:
Building Contract Disputes
Cost and Quality of Building Works Disputes
Legal Evidence at Court
Insurance: Building Reinstatement Valuations and Insurance Loss Assessing.
Mr. Campbell has over 30 years of financial industry experience. He is the principal of a financial litigation and investment management consulting firm, Kerry Campbell LLC, where he serves as a financial expert witness during litigations and provides consulting services to financial institutions and investors.
He has worked in investment research and portfolio construction, as a Managing Director at Arden Asset Management, and as a Senior Vice President at Guggenheim Partners. He has worked in prime broker risk management as a Managing Director at Bear Stearns. Prior to that he worked as a commissioned registered representative, a funding officer and as a credit analyst/loan officer.
He is an Approved FINRA Dispute Resolution Arbitrator, a Chartered Financial Analyst®, a CERTIFIED FINANCIAL PLANNER™, an Accredited Investment Fiduciary Analyst™ and a Securities Experts Roundtable Member. He has held the following licenses: Series 7 – General Securities Representative, Series 55 – Equity Trader Representative, Series 63 – New York Uniform Agent and Series 65 – Uniform Investment Advisor.
Jim Leatzow has 43 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:
44 years national Property/Casualty insurance industry experience
30 years national, Property/Casualty insurance Agency Owner
23 years national, Property/Casualty Managing General Agent (MGA)
20 years national, Third Party Administrator (TPA) insurance claim adjuster
26 years Reinsurance experience & Company Founder/President
17 years Certified insurance Arbitrator (U.S. / U.K. / Bermuda)
56 years Licensed Pilot with Commercial, Instrument, Multi & Seaplane Ratings
Still licensed in Illinois (44 years) & Wisconsin (37 years)
Licensed in all states for 20-25 years until 2005 (agency sold)
Rule 26 Report specialization on complex cases
Bad Faith Expert nationally
History of representing plaintiff & defense equally
No charge for travel time "coast to coast"
Leatzow's specialties include: Agent-Broker-MGA standards of care / Bad Faith / Coverage / Agent-Broker E&O Claims / Agent-Broker custom & practice / Professional (E&O) Liability / Claims adjusting Standard of Care / Claims-made coverage / Surplus Lines issues / Underwriting / Licensing / Property / General Liability /Aviation Insurance
Grant D. Stiefel, Esq. is a nationally-recognized, full time attorney fee consultant, testifying expert and the principal of Litigation Limited, a boutique legal fee consulting firm
Mr. Stiefel has testified in over 45 lawsuits, including matters in federal district courts, California trial courts, JAMS/AAA arbitrations, the Ninth Circuit Court of Appeals, State Bar courts, and attorney-client fee arbitrations
He has qualified to testify and has testified live at trials and arbitrations as a designated attorney fee expert
Mr. Stiefel’s methodology for reviewing, auditing and evaluating legal invoices has been cited, approved and adopted by California state and federal courts
He has been retained as a testifying attorney fee expert by the world’s largest law firms, including Reed Smith; McDermott Will and Emery; Jones Day; Sheppard Mullin; Sidely Austin; Dykema Gossett; Orrick Herrington & Sutcliffe; and Littler Mendelson, among many others
Mr. Stiefel is a member of the California State Bar and is unique among fee experts in that he practiced law for many years at two of the world’s largest law firms (Akin Gump and K&L Gates)
Mr. Stiefel has managed a multi-billion dollar litigation portfolio and has audited hundreds of millions of dollars in legal fees from law firms nationwide since 2008
He has developed and implemented outside counsel billing and case management guidelines for Fortune 500 corporations
He is a California State Bar-approved continuing legal education instructor on attorneys’ fees who has trained hundreds of executives and in-house counsel from a host of Fortune 500 corporations
Mr. Stiefel is qualified as an attorney-client fee dispute arbitrator with the California State Bar’s Mandatory Fee Arbitration program and as a judge pro tem with the California Superior Court for the County of Los Angeles
Grant Stiefel was the testifying fee expert on a series of fee applications by class counsel in Jones v. Wells Fargo, on behalf of aggrieved California consumers in the first consumer class action brought under the Unruh Act. Relying upon Mr. Stiefel's testimony regarding the reasonableness of hourly rates and overall work performed, the trial court awarded more than $25 million in attorneys' fees to class counsel
The district court for the Central District of California adopted and approved Mr. Stiefel's methodology for identifying and quantifying block-billed, vague and redacted billing entries in cutting Plaintiff's fee request by more than sixty percent in CNS v. Planet, from $4.8 million to $1.9 million
In Vides v. ABM Janitorial Services, the trial court reduced Plaintiff's fee request in a FEHA action by over $1 million based upon Grant Stiefel's expert testimony. Plaintiff moved for an award of $1,578,232.50 in attorneys' fees, which the trial court reduced to $544,183.12. Mr. Stiefel's testimony showed that the hourly rates claimed by Plaintiff's counsel were unreasonable under the circumstances, that excessive time was spent on inter-office communications, and that the matter was overstaffed
California Office: 357 Avenida Castilla Unit C Laguna Woods, CA 92637 (424) 223-8252
"Grant Stiefel draws on his experience as a big firm trial lawyer to help companies save on outside legal fees." -- NALFA (National Association of Legal Fee Analysis)
“Mr. Stiefel’s qualifications [as a testifying fee expert] cannot seriously be in dispute.” Hon. Michael Paul Lindfield, Los Angeles County Superior Court (Trial Proceedings, February 14, 2014)