Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:
Mergers & Acquisitions
Leveraged Buyouts and Recapitalizations
Fairness Opinions and Fairness Issues
Bankruptcy issues, including fraudulent conveyance
Advice to Special Committees of Boards
Due Diligence and Disclosure Issues
Damage issues and analysis
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)
Leasing and Real Estate Financing
Background: William H. Purcell has been an Investment Banker for over 50 years. He 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. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. 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 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.
MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.
Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.
Brian H. Kelley is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.
Litigation Support - Mr. Kelley provides expert testimony and litigation support to attorneys representing financial institutions, businesses, and individuals. His expert witness services include analysis of key issues, case strategy, depositions, opinions, and court testimony.
Mr. Kelley's expertise has been called upon in State, Federal, Bankruptcy, and Arbitration Courts, having testified on behalf of FDIC, major banks, and financial institutions. He is a qualified expert in eights states and the District of Columbia.
Areas of Expertise:
Consumer and Commercial Lending
Federal and State Regulation
Credit and Collection Practices
Loan Policy and Guidelines
Loan and Credit Review
Loan Modification and HAMP Programs
Education / Training: BA and JD from Brigham Young University. Extensive professional course experience in loan underwriting, credit analysis, corporate finance, lending practices, etc.
Degrees / Certifications: Admitted to the California, Utah and Hawaii Bar Associations. Past Director of Western Independent Bankers, California Bankers, American Bankers Association and Mortgage Bankers of America.
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.
Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management. Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection.
CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements. Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy.
Services Offered: Business and Strategic Consulting
Intended as a unique source of inspiration for effective business organization and tax planning, as well as a quick and easy reference book, the Offshore Jurisdictions Guide is a comprehensive and objective guide to offshore jurisdictions offering personal taxation and business opportunities. Providing a solid overview of 100 jurisdictions around the world, this is an essential handbook for financial experts, legal advisors, consultants, and the general public.
David D. Gibbons has 45 years of experience in Banking, Risk Evaluation and Risk Management, and Bank Regulation. He is widely recognized as an accomplished financial services executive with unique perspectives as a Former Chief Risk Officer HSBC, former Senior Bank Regulator (both policy and supervision), Chief Risk Officer, Deputy Comptroller for Credit Risk and Troubled Banks at Office of the Comptroller of the Currency, and Banking Consultant (shadow regulator).
Litigation Support - Mr. Gibbons provides expert consulting and expert testifying services to the financial services industry. He has participated in over 20 expert witness engagements in banking, bank regulation, credit and lending, and financial services. Mr. Gibbons is a trusted advisor to banks on regulatory, risk, and compliance matters, particularly troubled banks. He is effective both as an individual contributor or in team leadership role.
Areas of Expertise:
Banking Compliance Risk
Banking Regulation and Enforcement
Troubled Institution Identification / Remediation
Enterprise Risk Management
Commercial and Retail Credit
Lending and Credit Risk Evaluation / Risk Management
Board Governance and Oversight
Director and Officer Insurance Disputes
Unfair, Abusive, and Deceptive Practices
FDIC Loss Sharing Disputes
Liquidity / Capital Adequacy
Honors / Awards - Mr. Gibbons has been honored with the following awards for his service in the field of Banking / Finance:
Hugh McCulloch Award
U.S. Department of the Treasury Special Act Awards
U.S. Department of the Treasury Silver Eagle Awards
U.S Department of the Treasury, Office of the Comptroller of the Currency
Daniel Reser is a trusted Fiduciary and Registered Investment Advisor. Prior to his role at Fiduciary Services, Inc., he served as Vice President and Manager for Wilmington Trust based in Santa Monica, CA, also of Bank of America, and Security Pacific Bank. Mr. Reser also has a JD from Southern Methodist University. In 1989, he graduated from the UCLA John Anderson Graduate School of Management Executive Program.
Mr. Reser is considered a highly effective and capable trust fiduciary due to his legal training, his extensive experience as a fiduciary for corporate reorganizations and retirement plans as well as his reputation for ethical business practices and pragmatic management style. He has been a corporate fiduciary for corporate securities and reorganization transactions as well as trustee and custodian of retirement plans for over 25 years. During his career, Mr. Reser has administered and managed a wide variety of Governmental, Corporate and Union Retirement Plans as plan trustee. His current role as principal of an investment advisory firm includes acting as Fiduciary for Company Stock in Retirement Plans including ESOPs.
Areas of Expertise:
Leveraged and Unleveraged ESOP Transactions
Acquisitions and Sales of Employer Stock by Company Retirement plans
Company Stock in Other Qualified Plans
ERISA Sec. 404 (c) protection for Employer Stock
Pass-through Voting and Tender Offer Decision Making
Management and Divestiture of Shares
Satisfying Independent Fiduciary Requirement for Meeting Prohibited Transaction Exemption in Connection with Settlement of Litigation Per P.T. Exemption 2003-39 of 12-31-03
David Peterson, is a well-recognized ebanking pioneer, with a national reputation as a subject matter expert in Financial Technologies and Electronic Payments. As expert witness - 39 years experience in banking technology, 36 years experience in payments, 29 years experience with internet/online banking, 27 years experience in correspondent banking.
Provides expert witness services in correspondent banking, payments and electronic banking. Founder of Goldleaf Technologies. Member National Speakers Assoc. Board member of PaymentsFirst (Regional Payments Association serving FIs in the Southeastern U.S.) Atlanta GA, ArgosRisk, Minneapolis, MN, and softgiving Atlanta, GA. Chief Innovation Officer of First National Bankers Bank Baton Rouge LA. Extremely qualified in electronic banking, payments and general banking operations. Self-motivated and will take necessary initiative for investigations, with direction from retaining counsel. Experience with expert reports, depositions and trial testimony.
Jay Hibert was in the Commercial Banking Industry for over 37 years before leaving to form his own company, a real estate lending and consulting company. The company provides services to banks, non-banks, and individuals in need of creative financing solutions. Still an ACTIVE lender in the industry, Jay stays updated on current customs and practices and has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. His extensive credit background arms him with the understanding of how banks and other lenders operate internally.
Litigation Experience - Mr. Hibert has been providing expert witness and consulting services since 2010. He has been designated over 175 times as an expert in 17 different states concerning matters relating to commercial lending, real estate, construction finance, SBA loans, brokerage, hard money loan expert and investment issues. His experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony.
Jay is a licensed Real Estate Broker (CalBRE #01523) and for 10 years his company was a California Finance Lender and Broker through the California Department of Business Oversight. He is experienced in trial and deposition testimony and his services are available to counsel representing both Plaintiff and Defense.
Key areas of expertise in litigation work include:
SBA Real Estate Loans
Hard Money Loans
Lending Policies, Custom and Practice/Lender Liability
Broker Standards of Care and Fiduciary Responsibility
Loan Underwriting and Credit Administration
Loan Process and Bank Loan Restructure/Workout Process
Note Valuations/Collateral Review
Litigation and Discovery Consulting
Expert reports adherent to Federal Rule 26
Hard Money Lending
Loan Syndication/Secondary Market Loan Sales
Title Insurance Cases
Private Money Lending
*****Experienced in trial and deposition testimony*****
Panorama Consulting Group specializes in Enterprise Resource Planning (ERP) Systems and has multiple testifying experts for failed software litigation. This high-profile firmis called upon to investigate the feasibility of litigation, provide software expert witness testimony, and build background reporting for some of the industry’s highest-profile software lawsuits. They have worked with organizations ranging from multi-national conglomerates to boutique and large law firms, as well as state offices of the Attorney General.
As independent enterprise software experts, Panorama Consulting Group has hands-on experience with hundreds of software vendors. Their firm is not tied to a single law firm or software vendor, allowing them to focus on all types of clients and industries.
Litigation Support: The experts at Panorama Consulting Group work for both plaintiffs and defendants, software vendors and system integrators, and their customers. Their differentiator is using a team-based approach to provide expertise beyond just the testifying expert, which is cost-effective and efficient for their clients. They have multiple software expert witnesses available for provision of reports, depositions, and testimonies.
Fraud and Misrepresentation
Breach of Contract
“Off-the-shelf” Software Capability Misrepresentation and Claims
Undefined Roles / Poorly Executed Responsibilities (Internal project team, VAR, ERP vendor, ERP consultant, or system integrator)
Lack of Skills and Competencies
Poor Project Management
Poor Benefits Realization
Poor Implementation Planning, Resourcing and Budgeting
Following a failed ERP implementation, this state government agency was analyzing the feasibility of a lawsuit against its software selection and implementation partner. The government agency had contracted with the consulting firm to assist in the replacement of its tax collection systems but was forced to stop work after nearly two years of delays and inadequate staffing.
Panorama’s Expert Witness team was retained to provide a forensic analysis and written report to the court regarding the failed implementation of a major software developer’s ERP/payroll system. The goal of the implementation was to allow for the generation of accurate and traceable employee payrolls for a large governmental entity.
Greg Litster has over 18 years of experience in the Banking Industry specializing in Check Fraud Prevention, High-Security Checks, and Expert Witness Services. With his vast knowledge and expertise in the area of fraud, garnered from his experience in developing safeguards against it, Mr. Litster is well-equipped to provide Expert Witness services to organizations and attorneys for both Plaintiff and Defense. He has been retained for matters including:
CHECK FRAUD - EMBEZZLEMENT - CYBER CRIME
Background: As a Senior Vice President and head of his bank’s Financial Services Division, Mr. Litster was charged with responding to a 1990s epidemic rise in fraudulent checks hitting his bank's corporate customers’ accounts. He established stronger internal controls and helped create fraud prevention products, including a completely new type of check called the SAFECheck. Mr. Litster organized the SAFEChecks Division within the bank and over the next three years, fraud losses and attempts dropped by 95%.
Mr. Litster acquired the SAFEChecks Division from the bank in 1997. SAFEChecks continues to be America’s leader in check fraud prevention. SAFEChecks offers many styles of high security business and personal checks, Positive Pay software, secure check writing software, envelopes, toner, and pressure seal equipment.
Expert Witness Case Samples:
Deluxe Corporation v. St. Paul Fire and Marine Insurance Company;
Experi-Metal, Inc. v. Comerica Bank;
First National Bank of Colorado v. Robert W. Baird & Co.
Bruce Weiner is an Information and Internet Technology executive with over 30 years of in-depth experience managing product and software development for contracting companies and Fortune 100 companies. Since 2012, he has been a Technology leader at the Federal Reserve Bank of New York.
Mr. Weiner is a Princeton trained computer scientist and electrical engineer, and a patent holder. Over his career, he has gained extensive experience in Information Systems management, program/project management, software development, software architecture, internet delivery, business applications, technology vendor selection, IT Outsourcing, and customer contact center operations.
Litigation Consulting Services: Mr. Weiner has experience as a consulting and/or testifying expert witness in software development, patent infringement, and commercial litigation matters for both plaintiffs and defendants. He is adept at translating complex software, patent, and technology issues for the lay person audience. He consulted on industry transforming anti-trust cases in the travel industry.
Travel Industry Technology - Former technology leader for American Express Travel and Chief Technology Officer of United.com;
Loyalty Industry Technology - 30 years experience in the technology that powers loyalty programs, working on Membership Miles, Thank You Rewards, Mileage Plus, #1 Gold, eRewards, MyPoints, Blockbuster Rewards, and AAdvantage
Financial Services Technology – 30 years experience working with Financial Services Companies (American Express, Citibank, and Chase) on credit card and banking technology.
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.