Business Damages Analysis Expert Witnesses

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:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Analysis & Inference, Inc. is a team of statisticians and data scientists whose expertise in Statistical Theory and Application has been honed over the course of more than 700 projects. Senior statisticians, Dr. William (Will) Fairley and Dr. William (Bill) Huber direct A+I statistical consulting and research for corporations, government, non-profit agencies, and law firms, providing in-depth perspective and highly effective analysis.

Services Include:

• Risk Analysis - Statistical, probability, and related financial analyses for risk, accidents, and health
• Audits, Surveys, Theft, and Fraud - Determination through statistical sampling and modeling of amounts of monies recoverable in audit disallowances, large-scale thefts, and fraud, etc.
• Discrimination - Analysis of data, questions of statistical significance and validity, and development of models relevant to a wide range of discrimination claims in employment or in municipal services, housing, and other areas by age, sex, race, etc.
• Liability and Damages - Statistical analysis and related economic aspects to address alleged harm or specific damages
• Finance, Regulation, and Insurance - Statistical analysis and related aspects of finance theory and economics in issues such as price discrimination, royalties, real property valuation, investment risk and return, regulated rates of return, and risk classification in property-liability insurance
• Public Policy - Examples are school funding mechanisms, hazardous materials management, economic regulation, and discrimination

William B. Fairley, PhD, President, Co-Founder, and Senior Statistician is nationally recognized for contributions to law and public policy and widely published in leading statistical and economics journals. He has contributed to successful outcomes in more than 400 professional engagements. He has published over 45 professional articles, and been accepted as an expert by over 30 courts, boards, arbitrators, or mediators.

An expert with respect to the Medicaid reimbursement system, Dr. Fairley was the first to identify and quantify an unfair bias in the way the system assigned payments to the states. By introducing the concept of a “Penalty Bias,” he helped return millions of dollars in penalties to a coalition of states.

Dr. Fairley has been recognized as an expert statistician in numerous federal and state courts, as well as in settlement negotiations, arbitrations, and mediations.

William A. Huber, PhD, Statistician, Mathematician, and Data Analyst is an Accredited Professional Statistician (American Statistical Association) with a PhD in mathematics from Columbia University.

When New Jersey implemented new regulations to control groundwater pollution, Dr. Huber predicted that prominent manufacturing plants would face unexpected and unfair financial penalties. Using statewide data obtained through the FOIA, he created and analyzed a database of monitoring records to determine which facilities would be affected. Working closely with industry, the New Jersey Department of Environmental Protection, and the public, Dr. Huber recommended changes to the regulations which were quickly adopted, leading to a fairer, more effective program that remains in use today.

Dr. Huber mines data to uncover valuable insights that improve critical business decisions to boost company and product performance. His expertise is in developing models which describe patterns and explain the relationships among variables that can reveal previously unseen facts of high business value. As President and Founder of Quantitative Decisions, a statistical consulting and software development firm, Dr. Huber completed over 300 projects, illuminating ideas that accelerate growth, innovation, and competitiveness. Many of his projects have focused on environmental statistics and decision analysis.

Dr. Huber has testified in federal courts and supported litigation as a consulting expert in many states and Mexico.

Jennifer Vanderhart is a PhD Economist responsible for providing a range of services, including litigation support services, and economic consulting. She specializes in applied Econometrics and Microeconomic Analysis, including theoretical and empirical analysis in the areas of intellectual property, antitrust, breach of contract, international arbitration proceedings, and commercial damages.

Dr. Vanderhart's clients include companies in wide range of industries and retail sectors including education, computer hardware and software, retail merchandising, durable goods manufacturing, mining, tobacco, and financial services.

Prior to joining Analytics Research Group, Dr. Vanderhart was a Managing Director at FTI Consulting. She has also held positions at Exponent, Invotex Group, Navigant Consulting and LECG, and was an instructor at Texas A&M University in the departments of Economics and Management. She has published on valuation, damages and intellectual property and is a frequent speaker on these topics at conferences and lectures.

Litigation Support: Dr. Vanderhart has more than 20 years of experience in the evaluation and quantification of Economic Damages including claims arising from patent, copyright or trademark infringement, trade secret misappropriation, contract disputes, employment discrimination, and claims of expropriation by foreign governments. She has testified in federal and state courts and in domestic and international arbitration proceedings.

Dr. Vanderhart has assisted companies in patent and trademark licensing negotiations, royalty investigations and calculations, and intellectual property and asset valuations. She has also testified in class action proceedings and as to the appropriate data cost-sharing compensation under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Areas of Expertise:

Damages Calculations & Rebuttal Design Patent Infringement Breach of Contract Damages Statistical Regression Analysis Theft of Intellectual Property Economic Damage Measures Economic Damage Models Trade Dress Infringement Trademark Infringement Lost Earnings (Economics)

IP Damages & Valuation Theft of Trade Secrets Telecommunications Damage Calculations Business Damage Damage Analysis Patent Damages Trade Dress (IP) Lost Profits Valuation

View Analytics Research Group, LLC's Consulting Profile.

James F. Davidson is an Avant Advisory partner and managing director. He is also a licensed Certified Public Accountant with Financial Forensic Specialization credentials (CFF, CFS, CrFa, and FCPA), and Chartered Global Management Accountant (CGMA). Mr. Davidson is a Certified Fraud Examiner (CFE), Certified Corporate Director, Certified Merger & Acquisition Advisor (CM&AA), Certified Turnaround Professional (CTP), and Certified Insolvency and Restructuring Advisor (CIRA).

Litigation Support - Mr. Davidson uses his expertise in issues of financial forensics, fraud, and corporate investigations, due diligence evaluations, litigation and dispute resolution, strategic planning, and corporate governance. His combined experience and professional qualifications fulfill the financial expert requirements defined by Sarbanes-Oxley, NYSE, and NASDAQ. With over 30 years of experience, Mr. Davidson has performed hundreds of forensic, fraud, and corporate investigations, due diligence evaluations, operational turnarounds and financial restructuring, for lenders, private equity firms, and attorneys under privilege.

Areas of Specialization:

Corporate Governance and Investigations Insolvency Bankruptcy

Financial Restructurings Operational Turnarounds Profitability Improvement

Background - Mr. Davidson has served in executive positions at both public and private companies ranging from entrepreneurial to multi-billion dollar firms. After 10 years of accounting, auditing, and consulting for Big Four Certified Public Accounting firm PricewaterhouseCoopers, he spent over 10 years as a member of several boards of directors and in various financial and executive positions, including president and CEO, COO, CFO, secretary-treasurer, chief accounting officer, and corporate controller.

View James Davidson's Consulting Profile.

Peter J. Bondy FSA, MAAA, has more than 45 years of experience as an Actuary and a Financial Services Professional. He has served as a corporate executive, as a corporate director, and as a consultant domestically and internationally. Mr. Bondy has extensive experience with insurance company and reinsurer matters and practices ranging from basic business practices to matters involving financial projections and valuations as well as sales practices. He has served on corporate boards and brings a broad understanding of the issues involved. A published author, Mr. Bondy has delivered lectures and spoken frequently around the country. He is fluent in English and Spanish, his first language. Litigation Support - Having had experience with many complex projects throughout his career, Mr. Bondy is able to serve as an expert consultant or as an expert witness for complex matters and issues regarding annuities, insurance, reinsurance, emerging mortality, experience issues, and corporate matters. He provides a broad range of litigation support services to attorneys representing both plaintiff and defendant. Areas of Expertise

• Actuary / Actuarial
• Reinsurance
• Economic Loss
• Joint Marital Property
• Valuation of Streams of Contingent Future Payments
• Usufruct Arrangements
• Private Annuities
• Insurance : Life / Health / Annuities / Disability
• Life Settlements / Structured Settlement Annuities
• Appraisal and Performance Evaluation of: Life Insurance / Life Settlement Transactions / Annuity Benefits / Retirement Benefits

Bryan L. Parker, CPA/PFS, CFP, CLU, ChFC, CASL, FCPA, is a Certified Forensic Accountant with over 30 years of experience in his field.

Background - Prior to founding Bryan L. Parker, CPA, LLC, Mr. Parker held the position of CFO at McPherson Oil Company ($300 million + annual revenues) where he was responsible for advising and negotiating banking relationships, acquisition review, acquisition integration, financial reporting, and interaction with external auditors. His experience also includes serving as VP of Mergers & Acquisitions for Citation Corporation (Public Co.) and CFO of TIC United Corp., Dallas, TX ($300 million + revenues).

Mr. Parker has performed business valuations for more than 100 businesses in a variety of industries including manufacturing, trucking, printing, fuel oil distribution, motor/lubricating oil distribution, professional services, restaurants, fast food franchises, metal foundry, metal forge, machining, and plastic injection molding.

Litigation Support - Mr. Parker provides expert witness services to attorneys representing both plaintiff and defendant. He offers Forensic Accounting services, written reports, deposition, and trial testimony as needed.

Areas of Expertise:

Forensic Accounting Money Tracing Business Valuations

Divorce Settlements Business Damage Analysis Earning Capacity

View Bryan Parker's Consulting Profile.

BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors.

When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy. A corporate philosophy stressing efficiency and attentive service has made us a leader among independent appraisers. We are proud of our reputation for stability, responsiveness, and accomplishment in and out of the courtroom.

At BTI, our seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.

Expert Profile: BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.

Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in business valuations, real estate, and machinery and equipment appraisals.

The Center for Forensic Economic Studies is a leading provider of economic and statistical analysis relating to litigation. Our staff includes economists, statisticians and valuation experts.

We assist with discovery, critique opposing claims and produce clear, credible reports and expert testimony. Since 1980, attorneys and their clients have relied on our expertise in thousands of cases in jurisdictions across the country.

Our areas of Concentration Include:

Personal Injury / Wrongful Death Economic Damages

Commercial Damages / Business Interruption Claims

Economic Damages in Employment Matters

Employment Discrimination - Statistical Analysis

Business Valuations / Appraisal

Contact us to discuss your case.

Christopoulos Economics Consulting Group is a full-service expert witness firm, providing highly capable and professional analyses, reports, tables, charts, and credible testimony on Economic Damages and related issues for attorneys throughout California.

By specializing in litigation economics, Christopoulos Economics Consulting Group provides Forensic Analysis and Auditing, Economic Damage Analyses, Statistical Research, and Economic Loss Reports. They have the experience necessary to provide testimonies and produce reports which summarize and present opinions and conclusions in a manner that is clear and easily understood. They are consistently retained by both plaintiff and defense attorneys and are well versed in the calculation of present value past and future economic damages, including the calculation of future medical care costs.

James Christopoulos, JD, MA, the founder of Christopoulos Economics Consulting Group, is an Economist and a Lawyer. His comprehension of complex legal issues combined with his many years of experience as an economist provides his clients with a unique set of abilities when calculating economic losses and communicating those opinions to both judge and jury.

Mr. Christopoulos has testified as an expert witness economist in state and federal courts along with arbitrations, mediations, and depositions and has prepared and presented economic loss calculations for well over 1,000 cases.

Areas of Litigation Expertise:

Personal Injury Wrongful Death Medical Malpractice Product Liability Tort Actions FELA Cases Minor, Multiple Plaintiffs Breach of Contract Unjust Enrichment Interference Interruption Breach of Fiduciary Duty Forensic Analysis and Audit

Employment Discrimination Wrongful Termination Failure to Promote Wage & Hour Pay Equity Class Actions Income Loss Health Benefits Loss Pension, Retirement Benefits Loss Wage Loss Differential Forensic Analysis Statistical Analysis of Data, Trends Present Value Calculations

CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:

Patents & Technology Trademark & Corporate Brand Assets Sports & Events Licensing

Celebrities & Publicity Rights Copyrights, Media & Entertainment Assets Estate & Tax-Related Issues

Weston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

Jeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

View CONSOR's Consulting Profile.

Corporate Sciences, Inc. (CSI) is a highly regarded Economic Consulting Firm providing financial services to corporations, law firms, and government agencies. CSI professionals have served some of the world’s largest multinational corporations and law firms. Many of their team members hold advanced academic degrees and specialized credentials with extensive consulting experience in all the areas they provide service.

Litigation Support - CSI has been assisting law firms and their clients in all aspects of litigation requiring Economic Accounting or Financial Expertise for over 40 years. Services are provided as consultants, testifying experts, arbitrators, and mediators. CSI professionals understand the complexity in the many stages of litigation including discovery, liability assessment, damage calculations, expert testimony, and critique of opposing expert opinions.

CSI professionals have been through hundreds of engagements appearing in many venues including trials, ADR proceedings, and regulatory hearings. Their testimonial work is supported by state-of-the-art research, analysis and pragmatic business insight. CSI professionals are widely regarded for their ability to convey results of complex analysis and opinions in easy-to-understand language and demonstrative exhibits. Many of their cases have been large and complex often running into hundreds of millions and billions of dollars at stake.

Areas of Expertise:

Real Estate Construction Intellectual Property Insurance Securities Fraud Banking Forensic Accounting Mergers and Acquisitions Valuation/Appraisal Real Property

Breach of Contract Damages Antitrust Healthcare Bankruptcy Environmental Labor and Employment Financial Institutions General Commercial Disputes Design & Conduct Market Opinion Surveys Valuation/Appraisal Business Entities

Danny F. Dukes and Associates, LLC is a Forensic Accounting Firm that specializes in expert witness and litigation support services. We have investigated fraud and various financial transactions. We are extremely knowledgeable in all aspects of laws pertaining to financial transactions and lending transactions.

Our founder, Danny F. Dukes, has spent over 28 years in the financial institutions and mortgage industry. Danny understands all aspects of mortgage and financial institution transactions.

As a consultant, he has assisted community banks with investment management, asset liability management, investment banking, compliance issues, internal audit, bank operations, bank policies, and generally accepted accounting principles. He has assisted in a capital raise for de-novo banks. He has also served as a lead on the selection of data processing solutions and transition teams for mergers and acquisitions. 

Assisted in over 20 cases

Areas of Expertise:

Bank Fraud & Embezzlement Bank Operations & Practices Cash Management Check Processing / Check 21 Check Kiting Deposit Accounts Electronic Transactions / ACH, ATMs Embezzlement

Loan Administration Money Laundering Payment Processing & Fraud Detection/Prevention Royalty Audits Damage Computation Claims Analysis Determination of Compliance Divorce

David Ostrove, JD, CPA (Inactive), Mr. Ostrove is a certified specialist in Taxation Law, certified by the California Board of Legal Specialization of the State Bar of California since 1975. He is also a California Certified Public Accountant since 1957 and a California Lawyer since 1960.

Mr. Ostrove is a Professor of Law and Accounting at Southwestern University School of Law in Los Angeles. He is a Past President of the American Association of Attorneys-Certified Public Accountants and a Fellow of the American College of Forensic Examiners.

Mr. Ostrove has authored numerous books on topics within his field of expertise including, "Advanced Corporate Tax Problems"; "Fiduciary Accounting For Estates And Trusts"; "Forensic Accounting" (2 Volumes); "California Community Property - What The CPA must Know"; "Analyzing Financial Statements After Enron - What The Lawyer Must Know"; and "Accounting and Auditing For Trusts & Estates (DVD)." He is a lecturer for the California CPA Foundation, California Continuing Education Of The Bar (CEB), and the Arizona CPA Society.

David Ostrove has been providing litigation support for 35 years. He has testified in numerous cases in both State and Federal Courts. Mr. Ostrove has been employed by lawyers representing defendants and plaintiffs. He offers expert witness testimony in cases involving Legal and Accountant Malpractice, Business Valuations, Tax Accounting Issues, and Economic Damages. He carefully analyzes the facts, law, and accounting principles and presents supportable, timely, clear opinions.

Mr. Ostrove has been given legal authority to act as a Special Master. His services are also available for Mediation and Arbitration.

Areas of Expertise:

Breach of Fiduciary Duties Trustee and Executor Negligence Accounting Malpractice Legal Malpractice Probate and Trust Issues Business Valuation Economic Damages Forensic Accounting Fraud Analysis of Financial Statements Lost Profits Calculation

Breach of Contract Tax Matters - Gift, Estate, Income Reasonable Value of Services Tax Litigation Services Bankruptcy Bad Faith Insurance - Professional Liability IRS Matters Auditor Negligence Tax Preparer Negligence

View David Ostrove's Consulting Profile.

David Gouiran, MBA, JD, is the Principal Economist at Delta Economics. A graduate of New York University-Stern School of Business, Columbia University Business School, and New York Law School, with concentrations in finance and economics, he has over 17 years of relevant experience in the global investment, banking, and financial services arena.

Background - From 2004-2013, Mr. Gouiran served as the Managing Member for Delta Capital Management's investment advisory company. His duties included real estate management consulting services, including lease negotiation, tenant management and collections, and tax and estate planning services.

Prior to Delta Capital, Mr. Gouiran acted as counsel to Deutsche Bank’s foreign exchange (“FX”) sales and trading desk, particularly FX Prime Brokerage.

Mr. Gouiran is a member of the Member of the National Association of Forensic Economics, Collegium of Pecuniary Damages Experts, American Academy of Economic and Financial Experts, and New York and New Jersey Bar Associations.

Litigation Support - Mr. Gouiran offers high quality, comprehensible, prompt, and reasonably priced calculation of Economic Losses for New Jersey and New York litigators. Retained for his expertise over 35 times, his services are available to counsel representing both Plaintiff and Defendant.

Areas of Expertise - David Gouiran delivers expert analysis and calculation of losses, reports, present value calculations, and testimony for the following cases:

Personal Injury Wrongful Death Wrongful Termination Commercial Litigation

Life Care Plans Lost Past and Future Earnings Benefits and Pensions Household Services and Companionship

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 multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.

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

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

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

Recent Litigation Matters:

• Misrepresentations in Leveraged Buyout (“LBO”) Financing Practices
• Theft of Trade Secrets, Trade Dress, and Intellectual Property
• Food Product Mislabeling
• Securities Fraud Under SEC Section 10b-5 and Section 11
• Accounting Misstatements in Public and Private Company Acquisitions
• Lost Profits and Lost Enterprise Value Associated with Product Defects and Breach of Contract

View DMA Economics' Consulting Profile.