Expertise: Mr. Purcell has over 40 years of experience in every area of investment banking including the following:
Background: Mr. Purcell was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. He also has served as interim CEO of a public company and has served on Boards of Directors. Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 100 cases with over 100 Law Firms, including cases for the SEC, IRS and the DOJ. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.
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.
Areas of Expertise Include:
Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling.
Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers. Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:
Other Services Include
Bank Resources and Solutions, a division of FIRSINC, is an executive management consulting group that has provided Financial, Operations, and Regulatory / Compliance consulting services nationwide to financial institutions, attorneys and regulatory authorities since 2008. Litigation Consulting, Forensic Research and Expert Witness work are an important focus of our services. We have worked with attorneys and regulators on suits throughout the United States. Their work has included both plaintiff and defendant financial institutions, borrowers, depositors, vendors and regulators.
Areas of Litigation Support Expertise: Board of Direcotrs and Executive Management Administration, , Commercial, Residential and Consumer Lending, Bankruptcy Suits, Employee Criminal Actions / Bribery, Branch Operations, Bank Secrecy Act Policies / Procedures, Wire Transfers, New Account Fraud, Trust Account Fraud, Bank Negligence and Foreign Checks.
Mark C. Riley is an experienced and successful former Bank Chief Executive Officer whose background includes leading the turnaround of two banks that had been operating under regulatory agreements upon arrival. Mr. Riley’s relevant experience was overseeing all areas of his banks including the development, approval, and implementation of effective risk management programs. For example, as CEO, Mr. Riley was involved in all phases of lending from business development to credit analysis and underwriting to overseeing loan approval and review process, providing due diligence of client bank loan portfolios, developing and overseeing workouts of nonperforming loans. This is particularly important in Expert Witness support as Mr. Riley’s background will carry more weight than technical specialists such as Loan Officers. Using loan officers, analysts and even lending group managers can provide the technical side of lending (underwriting, documentation, recordation and related nuts and bolts). As a Bank CEO & Director with lending expertise, Mr. Riley can provide all of that, but more importantly to a lawsuit, is knowledge of Director Loan Committees and their response to weaknesses that occurred in the technical side and what actions did they take to ameliorate or exacerbate the problem. Mr. Riley has provided Expert Witness services, including consulting, reports, depositions and testimony, to attorneys representing the FDIC, banks, bank clients, and related companies.
Susan E. C. Riley is an experienced Senior Officer whose background includes the total responsibility for creating and managing the enterprise-wide systems of two denovo banks. Her relevant experience also includes creating and managing the Human Resources Department, Compliance, IT and IT Security, BSA/AML, ACH, Vendor Management, and related contract negotiations and Retail Bank Management. As co-founder of Bank Resources and Solutions, Mrs. Riley has analyzed, recommended, and implemented complex banking software within tight guidelines. She has established a solid reputation as a “no nonsense, identify the challenges, develop effective strategies and get the solutions in place” administrator. Mrs. Riley has provided Expert Witness research and consultation in client v. bank and bank v. client related matters.
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
Banking Commercial Real Estate Business Casualty Insurance Defense Construction Litigation and Transactions Insurance Coverage Environmental Law Commercial Collections Personal Injury Litigation Alternative Dispute Resolution (mediation, arbitration and mini-trials) Estate / Tax Planning
Expert Witness Consulting Services, LLC (EWCS) provides a range of services to law firms, litigation trustees and others engaged in expert witness and related activities. We provide up-front assessment of cases, drafting assistance in writing the economic core of complaints; other consulting expert work; and testifying expert witness reports and testimony. As an affiliate of Gordian Group (one of the leading national restructuring investment banking firms), EWCS can tap Gordian's vast experience in litigation assignments, particularly relating to matters involving solvency, valuation, fairness and Board of Directors responsibilities. In addition, EWCS has built a nationwide cadre of other independent experts so that we can assist law firms and mediators in finding the right expert for each case.EWCS connects vetted and specialized expert witness professionals to law firms across the nation. With its incremental, litigation-experienced professional resources and national recognition within the legal community, EWCS’ mission is to work diligently with client law firms and mediators to provide exceptional work product in an efficient manner, starting with finding the right expert for each case.
As Experts and Consultants, the professionals at EWCS are able to provide clients and Boards of Directors with advice and guidance in structuring transactions appropriately, and in delivering financial opinions in connection with the same. They can reconstruct financial data through forensic analysis in order to explain how financial markets or decision makers may have made decisions. When it comes to evaluating the performance of boards, management teams, and financial institutions, the experts at EWCS are well-positioned to have a credible point of view, given their experience in cleaning up the aftermath of corporate disasters and fraud up close. The EWCS professionals have substantial experience in most industries, including but not limited to aerospace and defense; consumer goods; electronic technology; finance and insurance; food and beverages; heavy industry and manufacturing; life sciences; metals & mining; oil & gas and energy; real estate and hospitality; and retail and apparel. Their experts have done transactions within these segments, and use their “real world” experience in approaching projects.
Areas of Expertise:
Kelly T. Hickel, Co-founder at EWCS, is a Financial and Business Advisor who has served as a senior executive for over 30 years. Mr. Hickel has many years of experience in the technology industry and with turnarounds of troubled companies. Throughout his career, he has arranged numerous private and public company financings and financial restructurings and has raised and/or returned over a $1 billion to investors and lenders. Mr. Hickel served as Turn-around President to Miniscribe Corp., a troubled Fortune 500, $600 million annual revenue disk drive manufacturer, and President of the Maxwell Technology Information Systems Group from 1993 until 1997, during which, Maxwell was the 9th best performing stock on NASDAQ and the #1 performing stock in California in 1996. As Chairman and Chief Restructuring Office of The Tyree Company in Farmingdale, New York, Mr. Hickel was responsible for running the largest oil downstream services company in the northeast. With all of his experience, he then founded and managed emerging Pharmaceutical companies, taking a product through FDA approval for a supplement through distribution in over 2000 retail pharmacy outlets. Beltway Catalyst recently interviewed Kelly T. Hickel for their Thought Leader Spotlight. Check out the podcast here: https://lnkd.in/gPg23ue
Jim Timmins, ASA BV/IA, MAFF, CEP, is the Managing Director and heads the valuation, litigation, and advisory services practices at Teknos. He has worked in Silicon Valley for more than 35 years, as a Valuation expert, a Venture Capitalist, and an Investment Banker. Mr. Timmins has overseen 1,000s of valuations, fairness opinions, and solvency opinions in connection with financial reporting, tax compliance, merger and acquisition transactions, financings, spin-offs, and recapitalizations, and litigation. He has also participated in numerous merger and acquisition transactions, private placements, and public offerings during his career. Prior to forming Teknos, Mr. Timmins was a Managing Director at Pagemill Partners, where he created and managed the valuation practice. Before that he was the Managing Director of the Silicon Valley office of NIF Ventures (the venture capital arm of Daiwa Securities SMBC of Japan), and a General Partner of Glenwood Ventures and Glenwood Capital. Earlier in his career, he held positions in investment banking at Hambrecht & Quist and Salomon Brothers. Mr. Timmins has served as an expert witness for more than 60 cases involving valuation, fiduciary duty, and venture capital practice. He has been retained as an expert by both plaintiffs and defendants.
Paul S. Black, President of Paul S. Black & Assoc., Inc. has more than 35 years of experience as a Real Estate Market Feasibility Analyst, including multiple types of residential, office, retail, industrial and mixed-use properties. Mr. Black has been employed by local and international accounting firms in their real estate consulting groups as well as local and regional consulting companies. For 20 years, Mr. Black has served as a lecturer/adjunct professor teaching Real Estate Principles and Practices as well as Real Estate Market Analysis at the graduate (MBA) and undergraduate levels. Areas of Expertise: Economic Damages, Construction Defects / Delay Damages, Lost Revenue / Profits, Unjust Enrichment, Due Diligence, Commission Disputes, Procuring Cause, Real Estate Brokerage, Broker/Realtor Standard of Care, Code of Ethics – National Association of Realtors (NAR), Real Estate Disputes, Fraud / Misrepresentation, Insurance Defense, Eminent Domain, Market Feasibility / Evaluation.
As a forensic accountant and testifying expert in the areas of fraud, business valuation, and economic damages, Ted Phelps excels in following the money – no matter where the trail leads.
During his four decades as a financial problem solver, Phelps has built a reputation for integrity, diligence, and leadership. He has testified as an expert witness in both federal and state courts. When working as a court-appointed neutral, he assists the court in carrying out its orders, performs forensic investigations, and reports his findings.
His testimony has been critical to the outcome of many significant cases. For example, Phelps was instrumental in a fraud/forensic investigation that led to a verdict of $21,000,000. He also performed a court-ordered forensic study involving a 14-year reconstruction of books and records on eight single asset real estate entities, conclusively proving that plaintiff's allegations of fraud were false.
Phelps is skilled in the fields of insolvency, reorganization, and restructuring. As a court-appointed fiduciary, he has completed dozens of business receiverships, many of which involved fraud and shareholder oppression issues.
As the founder and president of FVLS Consultancy, Phelps developed and taught a forensic accounting course at California State University, Los Angeles. He currently teaches classes in Accounting and Fraud Investigation at Whitworth University in Spokane, Wash.
Phelps earned his M.B.A. from Whitworth University and his B.S. in Accounting from the University of Southern California, Marshall School of Business. He also studied Engineering at the United States Naval Academy. He is a member of the Association of Certified Fraud Examiners and the National Association of Certified Valuation Analysts.
Areas of Expertise:
Keegan Linscott & Associates, PC is a full-service accounting firm with more than 20 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.
KLA's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in-depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact-finding, discovery, settlement negotiations, trial support, and expert witness testimony.
The professionals at KLA have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.
Litigation Support Services:
Christopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan Linscott & Associates and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services.
Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now PricewaterhouseCoopers), and Peat Marwick (now KPMG). He has more than 25 years of experience in public accounting.
Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.
Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.
Eric A. Lee, CFE, CIRA, is a Principal and Phoenix Practice Leader in the Consulting Services group of KLA. A Certified Fraud Examiners, he serves in testifying expert and consulting expert roles in litigation, forensic accounting, fraud and investigation services, and criminal matters both in the United States and internationally.
Mr. Lee has extensive experience conducting complex financial analysis and forensics related to multi-million dollar fraud schemes, analysis of complex financial accounts and transactions, fraudulent transfers and conveyances, analysis of securities transactions, international investigations, and loss and damages calculations.
Prior to his career in consulting services, Mr. Lee spent more than seven years as a Special Agent with the Federal government. During his tenure as a Special Agent, he investigated criminal and civil violations relating to fraud, money laundering, theft and embezzlement, public corruption, and tax evasion.
Mr. Lee has prepared expert reports, affidavits and disclosures, and testified/presented as an expert in Federal, State, and Tribal jurisdictions
Pat McElroy, Jr. has more than 40 years of experience in the Banking Industry as a Regulator, Banker and Consultant. He has provided various management, lending, operational and regulatory services to financial institutions throughout the United States. Mr. McElroy has extensive experience as an expert witness and has been qualified in civil, criminal and bankruptcy proceedings. He is courtroom seasoned and also has high profile case experience.
Areas of Expertise:
Michael F. Richards is a Banking Expert Witness and Consultant with more than 34 years of experience. His experience as a Founder, President, and Director of two De-Novo banks and the head of a work-out department for a regional bank give clients and attorneys a crucial behind-the-scene understanding of all aspects of banking.
Mr. Richards' experience in heading a work-out department provides a wealth of knowledge in litigation testimony from the perspective of a bank officer. He has extensive experience in Lending, Lender Liability, Banking Operations, Regulatory Oversight, Policies, Procedures, and Standards of Care in the Banking Practice. Mr. Richards' represents both Plaintiffs and Defendants. Over the past 7 years he has been retained in over 95 cases in 33 different states.
Areas of Expertise:
Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise.
Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury. Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition.
Areas of Analyses Expertise
Past Law Firm Clients
|Doug Bania, CLP, Founding Principal, has over a twelve years of expertise in managing, valuing and monetizing intellectual property and intangible assets. Mr. Bania has been a named expert in over thirty (30) cases, has been deposed seven (7) times and has testified at trial four (4) times. Mr. Bania was recently called upon to testify in the Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., case as the Plaintiffs’ and Counter-Defendants’ Copyright Apportionment Expert testifying in the area of Damages and Apportionment. Mr. Bania’s industry experience ranges from apparel to automotive and publishing to music. Prior to founding Nevium, Doug Bania managed 100s of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing.|
| Brian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University. An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.|
|San Diego Office|
415 Laurel Street, Suite 341
San Diego, CA 92101
|Los Angeles Office|
9107 Wilshire Blvd., Suite 450
Beverly Hills, CA 90210