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 nearly 100 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
Expert Background: Dr. Thomas L. Read is the Principal and CEO at A. Read Consulting, LLC. He received his PhD. from Stanford University in 1972 and has over 25 years of manufacturing experience in electronics, metallurgy, factory safety, failure analysis, glass fracture, glass failure and bottle failure. As a member of the electronics industry, he has earned process patents and has an extensive background in manufacturing techniques.
In parallel, Dr. Read has spent over twenty five years as a consultant to attorneys and engineers. He has given more than 100 depositions and has appeared in court numerous times.
Company Profile: Read Consulting, LLC is a full service laboratory providing services in the following areas:
Failure Analysis; Factory Safety and Personal Injury (including machine guards and manufacturing safety)
The annealed borosilicate glass pie plate failed as a result of “thermal shock”. There were multiple origins for the failure, and these all initiated at damage sites on the bottom of the Pyrex baking dish. It appears that the bottom of the pie plate was convex. Thus, setting the dish down and moving it on hard (abrasive) surfaces such as tile or granite counters created bottom “rim” damage.
During normal operation, the arm on an automatic wafer test station failed. Root cause failure analysis determined that the drive shaft on the right angle gear motor used to raise and lower the manipulator arm had failed first.
This grinding wheel was part of a product liability and personnel injury case. It was claimed that the subject wheel had unexpectedly failed (i.e. flown apart) and an escaping piece had hit the plaintiff in the face causing serious injuries. According to the user, the grinder with the wheel was purchased approximately one hour before the grinding wheel failure.
A failed plastic lawn chair was examined to determine the cause of failure. This chair failed on the premises of a restaurant In this study the subject chair is examined and compared to several exemplar purchased at the same time. The objective of this study is to determine the cause of failure.
Glass Failure Analysis Expert Witness performs a failure analysis of a several tempered glass doors that had "spontaneously" failed at a construction site. The objective of this glass failure analysis is to determine the cause of failure and make recommendations to the contractor.
Before expending the effort necessary to reverse engineer a device or object, it must be definite that the object under study is not covered by one or more patents. This avoids a dispute over patent violations. Once it has been established that no patent coverage exists, one can use multiple techniques to reverse engineer a product. These are summarized below:
The cracked tank was first inspected in the "as received" condition. In this condition it was cracked, but it was still whole. Next, the failed tank was separated by pulling it apart. This was done to expose the fracture surfaces of the main crack. This allowed for a complete failure analysis and for a determination of where the crack initiated.
Glass fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin. Once the origin has been identified, it can be examined in detail with a microscope to determine the cause of the failure.
Note: Glass Fractography is the most effective method for determining why a glass object, such as a bottle, failed. This technique consists of examining the fracture surfaces of the failure for artifacts such as Wallner lines and using them to trace the crack back to its origin
John A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in New York, NY; Miami, FL; and Charlotte, NC. He has over 45 years experience in Real Estate Valuation, Development, and Counseling in 26 states and has appraised in excess of $10 Billion in assets. Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, diminution of real estate value / real estate damages, distressed property solutions, and valuation advisory services, particularly on specialized or complex transactions such as major office buildings and hotels and other trophy real estate assets, including ski resorts, waterparks, outdoor entertainment venues, resort hospitality and timeshare properties, and correctional facilities. He has completed numerous valuations of major hotels and office buildings in Manhattan and Florida, and completed more than 100 distressed asset valuations for the FDIC. He has experience in complex litigation support such as the Chinese Drywall test case in Louisiana. Mr. Dalkowski is experienced in providing transactional counseling, litigation, arbitration support, expert witness testimony, and valuation advisory services, particularly on specialized or complex transactions.
Real Estate Damages
Acquisitions & Dispositions
Full and Partial Interests' Appraisals
Hotel Valuations, Timeshares
Real Estate Development Counseling
Real Estate Broker Standards of Care
EB-5 Feasibility Studies
Diminution of Value related to Stigma
Appraiser Malpractice / USPAP Violations
Tax Appeal Asset Allocation
Air Rights / Transfer of Development Rights (TDRs)
Maurice Robinson, ISHC, CRE, ASA, is an expert in the field of hotel and resort consulting. He has been facilitating the development and redevelopment of high-end, full-service hotels and resorts for over 30 years.
Additionally, Mr. Robinson has been providing litigation support services, strategic advisory services, hotel repositioning, market feasibility studies, and appraising hotels and other hospitality-related real estate. His expertise includes advising clients on development planning, deal structuring and financial issues, dispute resolution, workouts, and expert witness testimony related to hotel and resort development and investment.
Qualified Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:
Recently, we were engaged by the National Park Service (NPS) to appraise the structures and other improvements that have been constructed by commercial vendors or "concessionaires" operating hotels, restaurants and other hospitality services in National Parks.
Long International provides expert engineering and construction claims analysis, expert testimony, project management consulting, and insurance claims analysis services. Our focus is on heavy industrial projects including oil and gas, petroleum refining, petrochemical, chemical, mining/mineral processing, power, cogeneration, and other industrial projects. We analyze claims, not limited to, disputed change orders, schedule delay, acceleration, time extensions, liquidated damages, loss of productivity, defective specifications, and deficient project management performance.
Richard J. Long, P.E., P.Eng., Founder and Chief Executive Officer of Long International, has over 50 years of U.S. and international consulting experience involving construction contract disputes analysis and resolution, arbitration/litigation support and expert testimony, project management, engineering/construction management, cost and schedule control, and process engineering. As an internationally recognized expert in the analysis and resolution of complex construction disputes for over 35 years, Mr. Long has served as the lead expert on over 300 projects having claims ranging in size from US$100,000 to over US$2 billion. He has presented and published numerous articles on claims analysis, entitlement issues, CPM schedule and damages analyses, cumulative impact claims, and claims prevention.
Rod C. Carter, CCP, PSP is President of Long International and has over 20 years of experience in construction project controls, contract disputes and resolution, negotiations, mediation, arbitration support, and expert testimony on scheduling, loss of productivity, and quantum issues. He has experience in entitlement, schedule, and damages analyses on over 30 construction disputes ranging in value from US$100,000 to US$7 billion, related to oil and gas, oil refinery, LNG, heavy civil, nuclear, environmental, chemical, power, industrial, commercial, and residential construction projects. Mr. Carter is proficient in the use of Primavera P6 and P3 software, and he has extensive experience in assessing the impact to engineering and construction works of RFIs, change orders and other events. Mr. Carter specializes in loss of productivity, cumulative impact, and quantum calculations, and had a lead role in assessing damages on more than a dozen major disputes. In addition, Mr. Carter has developed cost and schedule risk analysis models using Monte Carlo simulations to address the uncertainty of estimates and claims.
Michael J. Vallez, P.E., MBA, LEAN SIX SIGMA is a Senior Principal with Long International and has over 40 years of hands-on and leadership experience in project management, engineering/construction management, cost and schedule control, change management, claims, and dispute resolution. He has served in executive management roles for both the owner and contractor working on world-class oil and gas, power, and international mining projects. Mr. Vallez has a proven ability to organize, integrate and manage the work of multi-disciplined technical specialists and project construction teams to achieve corporate financial goals and objectives of return on investment, safety, operational performance, cost, and time. In all, he has provided leadership on several billion dollars’ worth of projects in the chemical, heavy civil, mining, power, oil and gas, industrial, and commercial sectors. Mr. Vallez has written several books on the subjects of construction management, safety, and effective project leadership.
Changes can occur on almost every project and they often lead to delays and other negative impacts to the schedule and cost of a project. Large and complex engineering, procurement, and construction (EPC) projects are particularly susceptible to the negative impacts caused by changes. Changes can cause delay and disruption to engineering, procurement, fabrication, transportation and delivery
Concurrent delay is a vexed and complex technical and legal issue. Construction contracts often do not expressly provide direction as to the parties’ agreement when there is concurrent delay. Most simply require the contractor to provide notice and specifics when an owner-responsible delay event occurs.
Most construction contracts require written notice for changes, differing site conditions, extra work, or other events which may affect the contractor’s time and cost of performance. The process of giving “notice” is vital to triggering the contract mechanisms that allow the contractor to pursue additional time and cost and to reserve its rights to recover for any unforeseen...
The COVID-19 pandemic has changed the internal and external project execution environments. The pandemic has caused impacts of varying degrees to nearly every aspect of projects involving the activity of people. Ordinary practices in the creation of project documentation are robust and are utilized to support the analysis of construction claims. Although project productivity losses may be demonstrable, providing compelling evidence and proof that the losses were caused by the pandemic may not be as easy to demonstrate.
An As-Built But-For Schedule Delay Analysis (ABBF) is a retrospective CPM schedule delay analysis technique that determines the earliest date that the required mechanical completion activity, project completion activity, or various milestone activities could have been achieved but-for the owner-caused compensable delays that occurred during the project.
Contractor’s claim submittals and expert reports are often deficient in proving causation, i.e., the cause-effect linkage. These claims generally outline the owner-caused impacts and separately calculate quantum; however, the two are often not linked in any meaningful way. Most claims are settled prior to a decision by a panel, court, or board, and therefore these deficiencies are not made apparent. Yet, a well-prepared claim document which includes a persuasive and accurate causeeffect analysis can greatly improve the contractor’s chances of a successful recovery, either through negotiations or in arbitration/litigation. This analysis is difficult and often costly to prepare, and is therefore not performed in many disputes, which may be the reason why the claims fail.
The leader of a corporation or project is the individual who must ultimately be willing to take responsibility for results. Within the context of an organization or team made up of individuals, it is the collective performance of the individuals, as a team, that defines the results of the whole. While it can be said that the best motivation is internal motivation as opposed to external motivation, the leader is ultimately the one responsible for creating the conditions where motivation can thrive.
Time is money especially on engineering and construction projects. Because delays in the completion of the project usually result in increased owner, engineer, and contractor costs, the overall time of performance is vital to the financial success of the project. The importance of time is evidenced by the significant role played by CPM schedules, completion dates, and milestones in the bidding and awarding of engineering and construction contracts. The desire to minimize costs and the time of performance often causes the occurrence of acceleration.
In the construction industry, it is largely agreed that overtime work adversely affects labor productivity. However, there is no universally accepted method for estimating the resulting loss of productivity, and many of the studies commonly used to estimate such losses have been subject to criticism by industry experts and the courts.
The Collapsed As-Built Windows Schedule Analysis (AACE® International Recommended Practice 29R-03, Method Implementation Protocol 3.9) is a modeled, subtractive, multiple-base method. It is a retrospective CPM schedule analysis which is typically used to prove entitlement for compensable delay and assess concurrency of delay within a window of time. The analysis simulates the as-built conditions within a schedule window and then delays are removed from the CPM model. If the forecasted project finish date “collapses” but-for or absent compensable delays, then entitlement for compensable time-related costs can be demonstrated. This article addresses the usage of the Collapsed As-Built Windows protocol and the advantages and disadvantages of the methodology.
The "discrete damages/cost variance analysis method" for quantifying construction claim damages involves the specific distribution of all costs incurred on the project rather than quantifying only certain parts of the cost or damage analysis as may be used in the other methods.
ABSTRACT - This paper provides guidelines to commercial construction cost engineers for the development of a plan for obtaining and utilizing subcontractor cost information for use in bidding, procurement, scheduling, change order management, and claim management. The paper is based upon personal field experience gained in cost engineering, scheduling, bidding, planning, contracting, and claim analyses.
A component of a construction claim often relates to the cost, quantity, and quality of the materials that the contractor installed on a project. The contractor frequently purchases these materials and agrees to install the quantities of materials on a unit price basis, i.e., a unit price that includes both the cost of the materials and the cost to install them.
Most construction contracts, whether they are standard or customized forms, usually contain specific provisions related expressly to the process of giving "notice." The notice generally refers to an obligation on the part of the Contractor to notify the relevant party administering the contract, normally the architect, resident engineer, or owner's representative, of a claim or change event that gives rise to possible additional entitlement for time and/or cost.
The equitable allocation of responsibility for project delays is essential to the resolution of many construction disputes. Contractors frequently assert that they have been delayed for reasons beyond their control. Owners often remain unconvinced that the Contractor is legitimately entitled to a time extension or delay, acceleration and loss of productivity damages.
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
Mitchell L. Lathrop, has over 50 years of experience in the practice of law, and specialized knowledge in Insurance, Reinsurance, and Lawyers' Professional Responsibility. For the past 30 years, Mr. Lathrop has served as a Mediator, Arbitrator and Expert Witness in his fields of expertise. A seasoned trial lawyer, he brings his many years of practice to alternative dispute resolution. Mr. Lathrop is admitted to practice in California, New York and the District of Columbia, as well as before the U.S. Supreme Court and the U.S. Courts of Appeals for the Second, Fifth, Ninth, Tenth, District of Columbia and Federal Circuits. Mr. Lathrop is a former Presiding Referee of the California State Bar Court. He serves on the National Panel of the American Arbitration Association and is a Distinguished Neutral of the International Institute for Conflict Prevention and Resolution (CPR), as well as a member of the London Court of International Arbitration. He is the author of "Insurance Coverage for Environmental Claims," published by Lexis-Nexis Matthew Bender. He has qualified as an expert in insurance and legal malpractice in both state and federal courts. Areas of Expertise:
Insurance bad faith and standard of care and conduct
Whether you represent the insurer or the insured, the potential costs can run into the millions if your client is found liable. To help you effectively represent your client, this comprehensive, two-volume treatise will walk you through the complexities of environmental insurance coverage.
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.
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.
James (Jim) K. Ellis is a retired FBI Agent with more than 33 years of complex investigation experience. He is a Certified Fraud Examiner (CFE), a Private Investigator, and FINRA Arbitrator.
During his 29-year career as an FBI Agent stationed in Dallas, Texas, Mr. Ellis earned over 20 awards and commendations. He led investigations on hundreds of complex criminal violations including fraud, money laundering, violent crime, homicide and narcotics trafficking. He served for ten years on the FBI’s highly acclaimed Evidence Response Team before retiring from the FBI on December 31, 2015.
Litigation Support - After retirement, Mr. Ellis became a Private Investigator specializing in complex fraud investigations and expert witness support for attorneys. He has participated as the lead investigator in dozens of trials at both the federal and local levels. He has years of experience actively working all stages of the litigation process. From running investigations, to the filing of a legal action, to the presentation of the matter in a trial before a jury, Mr. Ellis is exceptionally qualified to help attorneys for both plaintiff and defendant deal with the arduous tasks of preparing for litigation. He is located in Texas but is available nationwide.
Roy Theophilus Bent, Jr. is a well known and respected expert and consultant in the automotive industry. An IACP Certified Auto Appraiser, Expert Witness, and Field Inspector, Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers, 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. Mr. Bent 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.
KPRC 2 Houston News Interview with Roy Bent on Diminished Value
Litigation Support - Mr. Bent is retained by counsel to provide IACP Certified Third Party Appraisals for most auto related lawsuits. He serves law firms whose clients are involved with dissolution, probate, bankruptcy, and diminution of value, and automobile accidents. Mr. Bent is a contributing author in several peer reviewed journals in auto accident expert witness related theories, case studies, and reports which are used exclusively by other expert witnesses in the field. His services include deposition, arbitration, mediation, and trial testimony when necessary.
Appraisals for Law Enforcement Agencies - Roy Theophilus Bent, Jr., IACP Certified Auto Appraiser & Expert Witness, is regulary retained by the United States Department of Justice (DOJ), Federal Bureau of Investigations (FBI), U.S. Marshals Service, U.S. Drug Enforcement Agency (DEA), Internal Revenue Service (IRS), U.S. Attorney General (AG), U.S. Customs and Border Protection, U.S. Office of Inspector General, and varios Police Departments resumting in criminal convictions and/or exonerations of Defendants for: White-Collar Crimes, Vehicular Homicide Crimes, & Felony Drug Crimes resulting in Federal Criminal Forfeitures, Civil Judicial Forfeitures, Administrative Forfeitures & Seizures.
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.
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 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
Mascara falsely labeled as being natural. Label claims “Natural” fibers on mascara are alleged and proven to be false. Class action filed and DMA Economics is tasked with computing aggregate damages to the class who purchased the mascara at a premium because they believed it was natural.
The fund managers were alleged to have violated their fiduciary duty to maintain proper diversification in the fund by allowing one particular security to make up more than 25% of fund value and up to over 40% of fund value by mid-2015.
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.
Kevin D. Hochman, Esq., is a dynamic and strategic automotive executive experienced and highly skilled in all areas of Dealership Operation and Management. In 2002 he worked as an attorney for a dealership consultant company, providing comprehensive and practical legal and operations guidance to over 1,100 California dealerships. Some of those duties included, advertising review, compliance audits, custom training, and publications and interpretations of federal and state regulations (ASFA, Reg. M, TILA, etc.).
In 2007, Mr. Hochman went on to work his way up to the Director of Operations and General Counsel responsible for the day-to-day legal and business operations of one of the largest privately-owned multi-state dealer groups in the country, with as many as 20 rooftops, 2,000 employees and $3 billion dollars in annual revenue. He is intimately familiar with every Dealership department and consistently interacted with managers, owners, vendors, lenders, manufacturers, insurers, and attorneys on all Dealership matters.
Mr. Hochman provided proactive and comprehensive legal direction and training to dealer personnel on all areas. He was responsible for drastically decreasing expenses and increasing operational efficiency using benchmarks and best practices improving dealership’s processes and profitability.
Additionally, he is a licensed real estate broker and negotiated and managed a $600 million commercial real estate portfolio. He has negotiated and/or has been an integral part of over 20 dealership buy/sells.
He is currently a member of the California state bar, Association of Finance and Insurance Professionals (AFIP), a Director of the National Association of Dealer Counsel (NADC), and a member of the California New Car Dealers Association (CNCDA) Regulatory and Legal Affairs Board.
Litigation Support: Mr. Hochman has provided Expert Witness, Consultation, and Case Analysis. He offers nation-wide services in litigation, arbitration and mediation.
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)