Brian H. Cole is a Certified Specialist in Franchise and Distribution Law (California State Bar of Legal Specialization), with over 30 years of experience, including as in-house attorney for one of the world's largest franchisors (Pizza Hut).
Mr. Cole's experience spans a wide variety of transactional and regulatory matters, including drafting and registering franchise agreements and related documents, buying and selling both individual franchised locations and franchise chains, leasing sites for businesses, corporate organization, and other contractual matters. Mr. Cole also has experience advising clients with a variety of operational issues, especially with respect to restaurant businesses, including employment matters, health code, and liquor licenses.
Mr. Cole has spoken and written on a variety of franchise-related topics, including speaking at two of the premiere franchise events each year--the ABA Forum on Franchising and the International Franchise Association’s Annual Legal Symposium and Annual Convention. Mr. Cole has also spoken at the State Bar Conventions in California and Hawaii on franchise-related topics.
Litigation Support - Mr. Cole is experienced testifying both in court and in arbitration. His services include:
Consult on applicability of state and federal franchise laws to the facts of a client’s situation
Advise on franchise law issues, including applicability of franchise laws, compliance with franchise laws, existence of legal malpractice relating to franchise laws, propriety of terminations or non-renewals of franchises, and similar issues.
Testify as an expert witness on franchise-related matters (available for matters throughout the United States)
Attorney, Lawrence H. Jacobson, has been practicing in the area of Real Estate Transaction Law and Litigation for more than 50 years. Over the past 30 years, he has been sought out as an expert witness in real estate and legal malpractice disputes and lawsuits in litigation cases throughout the country.
His firm, The Law Offices of Lawrence H. Jacobson, A Professional Corporation, is recognized as one of the nation's premier offices providing expert testimony in litigation involving all Real Estate Matters and Legal Malpractice.
Mr. Jacobson has been engaged in the practice of law in Los Angeles since 1968. Formerly Vice President of Legal Affairs for the California Association of Realtors, Mr. Jacobson has served as a judge pro tem for the Los Angeles and Beverly Hills Municipal Court Systems and as an adjunct professor of law focusing on real estate secured transactions and administrative law. He is Past President of the Beverly Hills Bar Association. He has written and lectured extensively on business and real estate related matters. He has served on the faculty of the Graduate Realtors Institute of the California Association of Realtors and a lecturer author for the California Continuing Education of the California Bar.
Litigation Support - Mr. Jacobson offers an impressive record of success as an expert witness in real estate, business, and finance. Included among the numerous cases in which he has testified as an expert witness are disputes over the interpretation of real estate documents, real estate and mortgage brokers’ standard of care and legal malpractice related to real estate transactions and business law including issues involved in corporate finance, merger and acquisition and ethics.
The tenancy-in-common (TIC) has survived into modern times as a method of concurrent ownership of real property. In a TIC, each owner is referred to as a tenant-in-common, and each owns a fractional interest of real property under a separate distinct title.1 TIC's are common where the co-owners are not married or have contributed different amounts to the acquisition of a property.2 Insofar as each tenant-in-common owns an undivided interest in the entire property, each is entitled to an undivided interest in the revenues from the property, subject to the rights of the other co-tenants.
A lawyer who is also an expert witness should be mindful that although he or she may not always be wearing his or her "lawyer hat," it is never far away. Although the California Rules of Professional Conduct do not place specific restrictions on practitioners who act as both lawyers and expert witnesses, the rules governing lawyers' conduct generally place constraints on lawyers' activities in other businesses and professions. See California State Bar Ethics Opinion No. 1995-14. Of particular importance are the rules relating to advertising, lawyer-client confidences, competence, fee arbitration, and conflicts of interest.
Although many articles have been written about the use of the expert witness in litigation, almost all are written by lawyers and rarely by an expert witness who is also a lawyer. Having practiced law since 1968 in the area of real estate and business transactions with a real estate broker's license since 1978, I have testified frequently as an expert witness in litigation involving the interpretation of real estate documents, the standard of care of real estate brokers, in legal malpractice actions involving real estate and business transactions and in legal fee disputes. As such, I thought it would be helpful to litigators handling real estate litigation matters to have the perspective of an expert witness on issues affecting the choice, usage and cross-examination of an expert witness in such litigation.
Research & Planning Consultants, LP (RPC) has been assisting clients with expert services for over 45 years, including consulting and expert witness testimony for personal injury, healthcare litigation, commercial litigation and Certificate of Need matters. RPC also offers a wide selection of health data. They have served clients across the U.S, from Alaska to Florida and from New England to California.
A Complete Team of Damages Experts for Personal Injury Litigation
Research & Planning Consultants, LP provides the following services:
PERSONAL INJURY - RPC provides comprehensive damages analysis in personal injury litigation. Their expert team has life care planners, vocational evaluators, board-certified physicians, economists and neuropsychologists.
Areas of Expertise include: Life Care Plans, Loss of Earning Capacity or Support, Present Value of Damages, Medical Bill Analysis, Chargemaster Analysis, Neuropsychological Testing & Traumatic Brain Injury, Vocational Evaluations, IMEs, Section 18.001, Prestanding ED Chargemaster Analysis
COMMERCIAL LITIGATION- RPC has provided expert analysis on commercial litigation concerning many industries: chemicals, refining, forestry, waste management, pipelines, water resources, oil and gas EDP, fisheries, agriculture, electrical generating plants, transmission lines, telecommunications, and real estate development. Our special expertise in the healthcare industry has proven valuable to business litigators unfamiliar with this complex industry.
Areas of Expertise: Breach of Contract / Commercial Economic Damages, Construction Disputes, Litigation over Non-Competitive Agreements, Environmental Torts and Toxic Torts, Commercial Disparagement, Wrongful Termination
HEALTHCARE LITIGATION - RPC offers economic, statistical, data and clinical analysis in a wide range of healthcare litigation. They have experience with payment disputes, qui tam litigation, physician-hospital disputes, practice valuations and construction litigation.
Areas of Expertise: Qui Tam Healthcare Litigation, Medical Staff Disputes, Professional Liability, Payment Disputes, Health Facility Construction Disputes, Freestanding ED Chargemester Analysis
CERTIFICATE OF NEED - RPC provides Certificate of Need (CON) planning services nationwide. We have over 35 years of experience developing regulatory strategy, preparing applications and testifying in public and administrative hearings.
Areas of Expertise: Satellite Hospitals, New Hospitals, Relocation and Transfer of Beds, Observation Beds, Geriatric Psychiatric Units, Children’s Hospitals, Comprehensive Inpatient Rehabilitation Units, Neonatal Intensive Care Units, Open Heart Surgery Services, Long Term Acute Care Units, Projects that exceed CON Capital Threshold Limits, Projects for Specifically Listed Services, Programs Requiring CON, Hospices, Senior Living Facilities
Ronald T. Luke, JD, PhD, is a principal consultant and President of RPC, LP. Ron joined RPC in 1976 and became its president and principal owner in 1979. He has consulted on projects for health care providers, managed care plans and public agencies in more than 25 states. He also serves as an expert witness in trials, administrative proceedings and legislative hearings.
Active in the Health Policy Arena, Dr. Luke has been accepted as an expert in Economics, Socioeconomic Impact Analysis, and Policy Analysis by state and federal courts, and state administrative agencies. The types of cases in which he has provided expert testimony include personal injury, contractual disputes, health care payment disputes, construction defects, utility construction permitting, and certificate of need. He has testified on health care matters including market structure, billing fraud and abuse, reasonableness of charges, medical staff credentialing, workers’ compensation fee guidelines, utilization review, physician contracts, and managed care contracts.
Kacy L. Turner, MS, CRC, CVE, CLCP, is a Certified Life Care Planner and Vocational Consultant with RPC. She has over 20 years of experience in Rehabilitation. Ms. Turner has experience writing life care plans for both plaintiff and defense clients. She has experience as a rehabilitation consultant in three states and has been qualified as a testifying expert in state and federal court.
Ms. Turner has worked on cases in several states as well as the country of Trinidad. To determine the pre-injury and post-injury employability in personal injury cases, she provides vocational testing, transferable skills analysis, job requirements analysis, rehabilitation plans, and definition of reasonable accommodations under the American with Disabilities Act. She is a member of the International Association of Rehabilitation Professionals, the Texas Association of Rehabilitation Professionals and Providers of Services, and Vocational Evaluation and Career Assessment Professionals.
Brian Piper, PhD, is an Economist with RPC specializing in Quantitative Analysis and Modelling. He works on a variety of cases including personal injury and certificate of need. He is experienced in data extraction, management, simulation, and analysis using STATA, SQL, ARC GIS and a variety of other programs. Dr. Piper has taught graduate classes in statistics and econometrics in both MBA and Ph.D. programs.
Dr. Piper is an experienced expert, providing testimony, reports, and affidavits on the issues of economic damages in personal injury litigation, healthcare litigation, False Claims Act litigation, and other commercial litigation. He has testified on behalf of plaintiffs and defendants.
Dr. Piper specializes in the economics of healthcare. He has been retained by healthcare providers and insurers in payment disputes. He has analyzed the reasonableness of charges and expected payment for past and future medical services for providers, insurers, plaintiffs, and defendants. Besides work in litigation, Dr. Piper has provided analysis of Certificate of Need applications and the economic impacts of proposed legislation.