Commercial and Real Estate Finance and Financing Expert Witnesses: 12

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

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
• Adequacy Opinions
• Solvency Opinions
• Bankruptcy issues, including fraudulent conveyance
• Valuations
• Advice to Special Committees of Boards
• Due Diligence and Disclosure Issues
• Fiduciary Issues
• Damage issues and analysis
• Lender Liability
• Fee issues
• 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)
• Venture Capital
• 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.

 View Consulting Profile.

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

Jack G. Cohen has been involved in the Private Money Lending and  Real Estate Industry for over 30 years. He is currently the managing member and director of a private money real estate lending, real estate development, and investment property management company. He is also the San Fernando Realty Real Estate Investment director of the California Bureau of Real Estate. 

Mr. Cohen has experience with commercial, residential, and retail real estate, and construction lending.

Litigation Support: Mr. Cohen has been retained as an expert witness in Real Estate related cases over 50 times since 1990. He represents both Plaintiff and Defense and is experienced with complex cases. His services include thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Dick Bridy, PhD, is a Commercial Real Estate expert and entrepreneur with over 40 years of Commercial Real Estate Development, Brokerage, Investment, Leasing, Private Equity Sourcing, Operations, Construction, and Asset Management experience. He is the CEO of DBI Group (DBI) and Bedrock Investments Group (BIG), Bedrock 1st Mortgage, DBI Commercial Real Estate, and a principal of DBI Asset Management. 

Background Experience - Dr. Bridy and his team entitled and built two shopping centers and five single tenant properties. In addition, he has contracted for the redevelopment of over 3.5 million sq. ft. in 14 shopping centers in the Midwest and the Western US.

An accomplished scholar, Dr. Bridy is a graduate of the Wharton School at the University of Pennsylvania with a B.Sc. in Economics. His graduate studies garnered academic honors recognition from the San Diego State University Graduate School of Business, the Marshall School at the University of Southern California, and the University of Phoenix, from which he received an MBA, EMBA, and PhD respectively.

For decades, Dr. Bridy has served on the boards of many prominent real estate organizations, including the National Association of Realtors, California Association of Realtors, San Diego County Commercial Association of Realtors, and CCIM.

Litigation Support - Dr. Dick Bridy delivers real estate expert witness testimony for the commercial real estate and brokerage industry nationwide. He has been engaged by both plaintiff and defense attorneys. As a commercial real estate CEO, investor, developer, asset manager, broker, and syndicator, Dr. Bridy is an excellent communicator, honed by many years in leadership and advisory positions in the commercial real estate industry and as a Marine Corps officer.

Services include consultation, case review, technical investigation, IME’s, research, laboratory work (in-house or otherwise), report preparation, depositions, arbitration, mediation, court appearances, standby, cancellation of court deposition, and travel. 

Areas of Expertise: 

View Bedrock Consulting Group's Consulting Profile.

Timothy L. Unger's 40 year career has been focused on the Residential Sector of Real Estate ranging from the acquisition and development of large-scale multi-product master planned communities, home building and the acquisition of land portfolios.

Litigation Support - Mr. Unger provides analysis and testimony for land development, entitlement, and valuation of residential project cases. His services include thorough examination and reporting, depositions, and trial testimony as needed.

Background Experience - For the last 15 years, Mr. Unger and his partner of several years formed their own development company. They focused on the acquisition and entitlement of both greenfield and infill sites. In addition, Mr. Unger has completed some Expert Witness assignments that are master planned community oriented.

Relevant Experience:

• Managing the acquisition of two large real estate portfolios, including the underwriting, entitlement, financial analysis and business plan. Each one comprised of over 10,000 acres and 100 distinct parcels.
• The acquisition and restructure of a large master planned communities in northern and southern California. The ongoing development activities were accomplished with a dedicated on-site team selected and managed by Mr. Unger.
• Through the management of the entities describe above, built and sold approximately 8,000 homes, including 1,500 by his own company.
• Developed two significant brownfield projects in northern California including oversight of ground water and soils remediation.
• Entitled several individual as well several master planned projects, including working with the resource agencies to obtain permits necessary to initiate development
• Experience with all forms of CEQA compliance.

P. Marc Fischer | MBA, M.Ed. | CPM^®, RPA^®, CCIM^®, LEED^® GA, BOMA Fellow 

Marc Fischer is an internationally recognized Commercial Real Estate (CRE) expert with more than 30 years of proven performance in the fields of property management, building operations, and asset management. 

As an expert witness, Marc helps uncover the truth in complex real estate-related cases. Marc is well-known in the CRE community as a thought leader. He deeply understands CRE operations and the role of exceptional real estate management in optimizing asset value. As a highly skilled facilitator and instructor, he has the unique ability to communicate complex concepts clearly and concisely to legal professionals, judges, juries, and the general public.

He is recognized for thorough expert witness reports and straightforward testimony in depositions and trials. He supports both plaintiff and defendant counsels in various real estate-related issues, including:

Highlights Include:

• 30+ years of experience in all aspects of commercial real estate (CRE) property management, asset management, property operations, and construction
• MBA in Management / Organizational Behavior
• M.Ed. in Adult Education & Training (a highly valuable background for explaining complex concepts to judges and juries)

Industry Designations:

• Real Property Administrator (RPA®)
• Certified Property Manager (CPM®) 
• Certified Commercial Investment Member (CCIM®)
• LEED® Green Associate
• BOMA Fellow

Author of eight (8) CRE textbooks published by BOMA International (all translated into Mandarin):

• Acquisitions, Dispositions & Underwriting textbook
• Measuring Financial Returns textbook
• Lease Analysis, Evaluation, Negotiation, and Approval textbook
• Foundations of Real Estate Management textbook
• BOMA International Proactive Maintenance Guidebook for Industrial Properties
• Managing Industrial Properties
• Guide to Developing a Standard Operating Procedure Manual
• BOMA International Guide to Exterior Maintenance Manual

View INSPIRE CRE, LLC's Consulting Profile.

Jay Hibert was in the Commercial Banking Industry for over 25 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 250 times as an expert in 25 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 (Cal DRE #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
• Banking Operations/Administration
• Expert reports adherent to Federal Rule 26
• Hard Money Lending
• SBA Lending
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases
• Private Money Lending
• Predatory Lending
• Financial Elder Abuse
• Covid Related Finance Issues

*****Experienced in trial and deposition testimony*****

View Jay Hibert's Consulting Profile.

James W. Lovely, BBA, MBA, JD, is an experienced provider of expert witness testimony, case analysis and consulting advice. He has more than 30 years of business and legal experience in the financial markets with particular expertise in:

• Complex financial products, including swaps, swaptions, options, futures, repurchase agreements, foreign exchange, commodities, prime brokerage arrangements, securitizations, structured notes and municipal bonds;
• Secured commercial lending and hedging arrangements often (but not exclusively) involving those complex financial products; and
• U.S. commercial, commodities, securities and banking law and regulations governing those financial products; and
• LIBOR transition to SOFR, Ameribor and other rates.

Mr. Lovely is adept at simplifying or clarifying complex financial products and disputes and translating between a client’s legal team and its executive/financial officers while delivering insightful analysis and persuasive testimony. He is a very capable writer and public speaker and currently maintains his own consultancy in the above-described areas of expertise. He is intimately familiar with ISDA, NAESB, EEI, ICOM, IFEMA and SIFMA financial product documentation, forms and protocols. 

Recent Expert Witness Engagements:

• Analysis of documents, opposing expert’s report, and damages, and deposition testimony in NY case re: $500 million municipal bond repurchase agreement, interest rate derivatives, and municipal bond securitizations.
• Analysis of transaction documents and opposing expert’s report, preparation of rebuttal report, and deposition testimony on $17 million aircraft loan, related guarantees, and swap documentation and sales practices in Federal case.
• Preparation of expert rebuttal report and deposition testimony in a U.S. Federal District Court case involving claims of wrongful registration of transfer of securities under the UCC and refuting fiduciary duty and negligence claims asserted against the issuer defendant.
• Analysis of trading activity and millions in losses in an NFA arbitration involving an agricultural futures and options account of a U.S. grain farmer and claims due to discretionary trading in a non-discretionary hedging account.

View James Lovely's Consulting Profile.

Areas of Expertise:

Steven D. Epcar, CPM an Expert in Real Estate and Property Management Issues with 35+ years of experience;including residential, commercial, retail, hotel, condominium and mixed-use properties. Experienced in litigation support including standard of care, partnership conflicts, brokerage issues,landlord/tenant, valuation, personal injury, habitability, environmental, life safety cases. 

Steven is a member of the Forensic Expert Witness Association (FEWA).  He serves as a real estate consultant for institutional and private investors, providing an array of services: asset/property management related assignments, organizational assessments, financial feasibility, due diligence,and new development services. 

Previously, Mr. Epcar served as President, Residential Services for Carmel Partners a R/E investment/management firm in San Francisco, Principal/Founding Partner of Ventana Property Services, a West Coast third party management and consulting firm and President,Prometheus Management Group,a development/investment/management firm.

Areas of Expertise:

Peter John Ingersoll is a distinguished CEO and Corporate Broker for Safe Harbour Equity, Inc., specializing in Cannabis Real Estate and Investmentt. With over 40 years of experience in investment real estate, construction, development, trust, and banking, Peter's role encompasses a focus on cannabis sector real estate, mergers and acquisitions, and capital advisory services. He has successfully managed complex transactions, capital structures, startup business protocols, and basis transfers.

Litigation Support - As a cannabis thought leader and expert witness, Peter offers services to attorneys for plaintiff and defense for creditor, investor, partner, and founder disputes.

Areas of Expertise:

Background Experience - A former Series 7, 22, and 63 licensee, as well as a Series 65 registered investment advisor, Peter brings a wealth of knowledge in fiduciary responsibilities, real estate and company financing structures, and tax-deferred transactions.

Graduate of Wharton School – University of Pennsylvania – Finance

View Safe Harbour Equity, Inc.'s Consulting Profile.

Jon-Eric Kronvall has over 35 years of experience in the Financial Services profession. He is the Founder of Esoteric Advisors, an expert consulting firm that specializes in unique and specialized areas of knowledge in financial services. Mr. Kronvall is also the Founder and Chief Compliance Officer at Wealth Innovation, a Registered Investment Advisory Firm.

Expertise: Trusts, Estates, Fiduciary, Securities, Investments, Banking, Lending, Real Estate