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.
John T. Foster is the President and CEO of Bedford and Main Financial Consulting, which provides specialized consulting services primarily for broker-dealers and RIAs. Bedford and Main is listed in the FINRA Compliance Vendor Directory.
Mr. Foster calls upon his in-depth knowledge of broker-dealer management, operations and compliance to offer expert opinions and testimony. He has testified for both sides of the legal table in civil cases and FINRA arbitrations, promoting high standards of fairness for broker-dealers.
Mr. Foster specializes in clearing services and industry infrastructure litigation, along with Anti-Money Laundering (AML) issues for broker-dealers. Prior to founding Bedford and Main in 2011, he worked for 13 years in level positions for a large, multi-national clearing firm, allowing him to develop expertise with foreign accounts and anti-money laundering issues. He later served as the President/CEO of an independent broker-dealer, where he was responsible for a retail-based business and online brokerage services. The experience provided John with a uniquely relevant understanding of core SEC and FINRA compliance issues, such as suitability, supervision, senior issues, churning, and written supervisory procedures. He is proficient in matters related to client and firm interactions with both Financial Advisors and Online firms.
Advantages of our litigation services:
Senior Level Experience - Decades of diverse high-ranking management experience in the broker-dealer industry.
Previously held Series, 3,7,24, 27, 63.
Still Actively Engaged – John's expert witness business is a natural extension of his core consulting services. He is a CAMS Certified Anti-Money Laundering Specialist who annually conducts many independent AML reviews. John is also certified as a FINRA Dispute Resolution Arbitrator
- It would not be possible to hold to our standards of supporting the industry if we were not selective as to specific issues and our ability to ethically provide an expert opinion.
As a consulting firm that focuses on broker-dealers (B-Ds), we often have discussions with clients, particularly new start-up firms, who are looking to understand the big picture of what makes up the industry. This paper will attempt to expand on some of the particular points noted by FINRA and to provide more color on industry trends related to the makeup, business models, and structure of the current broker-dealer environment.
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.
Marguerita M. Cheng, CFP®, CRPC®, RICP®, CDFA™, Chief Executive Officer at Blue Ocean Global Wealth, is a Certified Financial Planning Expert with 18 years of experience. Prior to co-founding Blue Ocean Global Wealth, she was a Financial Advisor at Ameriprise Financial and an Analyst and Editor at Towa Securities in Tokyo, Japan. Ms. Cheng is a past spokesperson for the AARP Financial Freedom Campaign and a regular columnist for Investopedia & Kiplinger. She is a CFP® professional, a Chartered Retirement Planning CounselorSM, a Retirement Income Certified Professional® and a Certified Divorce Financial Analyst. As a Certified Financial Planner Board of Standards (CFP Board) Ambassador, Ms. Cheng helps educate the public, policy makers, and media about the benefits of competent, ethical financial planning. She served on the Financial Planning Association (FPA) National Board of Directors from 2013 – 2015 and is a past president of the Financial Planning Association of the National Capital Area (FPA NCA).
Marguerita Cheng CNBC Interview on Social Security
Awards and Honors - Ms. Cheng is a recipient of the Ameriprise Financial Presidential Award for Quality of Advice and the prestigious Japanese Monbukagakusho Scholarship. In 2017, she was named the #3 Most Influential Financial Advisor in the Investopedia Top 100, a Woman to Watch by InvestmentNews, and a Top 100 Minority Business Enterprise (MBE®) by the Capital Region Minority Supplier Development Council (CRMSDC).
Litigation Support - Ms. Cheng serves as a Women’s Initiative (WIN) Advocate and subject matter expert for CFP Board, contributing to the development of examination questions for the CFP® Certification Examination. She also volunteers for CFP Board Disciplinary and Ethics Commission (DEC) hearings. Services to attorneys representing plaintiff and defendant include financial due diligence, thorough reporting, depositions, and trial testimony as needed.
Did you hear of the case out of Wisconsin that involved a younger couple and their neighbor, a 92-year-old retired teacher who never married and had dementia? After befriending the woman, the couple took control of her home and nearly $2 million of her savings before they were eventually found out.
When you approach your financial planner, a term that most of you might have heard from him/her would be "asset allocation." In this article, you will learn about asset allocation, the importance of asset allocation, different asset allocation strategies and the benefits of asset allocation in portfolio management.
Older American adults are at an increased risk of becoming a victim of financial fraud or exploitation and criminals don't want you to know it. An estimated $36 billion is lost to these con artists each year. They gain the trust of our loved ones and use it against them in ways that leave victims emotionally and financially devastated.
Iconic singer Aretha Franklin had it all: respect, talent, fame and fortune, but what she didn't have was a prepared estate. Reports indicate that the Queen of Soul didn't have a will or trust set up before her death from cancer in August. Now her fortune might be in limbo for her survivors.
Financial planners begin their initial client meetings with a discussion of money goals, attitudes, and risk tolerance. Why? Well, it's because all investors are not created equally. Open individuals crave adrenaline-spiking adventures, always looking for thrilling activities. Most of the time, they are curious about information and knowledge about financial planning and investment decisions. These individuals enjoy researching and finding out about finance topics of interest.
With the aging of the U.S. population, financial exploitation and abuse of seniors is a serious and growing problem. According to the FBI, scammers tend to target the aging population because they are more likely to have excellent credit and substantial savings.
Divided into four sections, the 12 tips in the book are designed to help readers:
* Know how they actually think about wealth (you may surprise yourself)
* Know how to better understand what messages they’ve been sent by parents, media, and society about wealth — some of which may be keeping them from actually being wealthy
* Know how the wealth management world works
* Know how to balance love, money — and their increasing wealth
Jane Marie Downey, M.Ed, ARM, has 35 years of experience in Risk Management and Property, Casualty, and Professional Liability Insurance. A well-known risk management consultant, leadership trainer, and frequent public speaker, she provides risk consulting, insurance broker management, outsourced risk management, insurance arbitration, as well as leadership and team training.
Background - Ms. Downey’s corporate experience includes risk management positions with IU International, PaineWebber Group, Inc., and The West Company. She also worked as an Account Executive in insurance brokerage with the Hobbs Group. She taught Risk Management at Temple University's Fox School and Crisis Management at Penn State's Graduate Program. She currently teaches Continuing Educations courses for agents and attorneys for the Institute of Strategic Educational Partners.
Litigation Support - Ms. Downey has provided expert opinions on policy language, coverage disputes, brokerage E&O and standard of care, risk control and risk management standard. She has successfully provided litigation support, testimony, depositions, certifcates of merit and expert opinions in over 60 legal actions. Ms. Downey Jane has represented both insureds and insurers and clients and brokers.
I have been retained as an Insurance Expert or Insurance Arbitrator to confirm the proper calculation of insurance premiums, based on actual exposures, completed by the insurer at audit. In the first case, a large Hotel bought out their partner and inherited a large Wrap-Up Program of Insurance.
Wayne Citron has 45 years of experience as an expert in Forensic Reconstruction of Insurance Transactions. He is an insurance expert and consultant.
Litigation Support - Wayne Citron specializes in policy interpretation of the rules, laws, and regulations governing insurance and financial matters. His services are available to attorneys representing plaintiff and defendant and include effective reports, affidavits, depositions, and testimony as needed.
Areas of Expertise:
Insurance Bad Faith
Insurance Customs and Practices
Insurance Health / HMO / Disability
Insurance - Life & Annuities
Property / Casualty Insurance
Insurance Agents & Brokers - Standard of Care
Mr. Citron established the Citron Agency and CMC Advisors Inc. in 1972, where his duties included executive and managerial responsibilities, sales, service, compliance with all insurance matters as well as securities laws and regulations. Both firms are leaders in life, health, disability and property and casualty insurance.
Mr. Citron is an expert in all forms of insurance, including:
Property and casualty Insurance
Retirement, IRAs & Pensions
Broker Malpractice / Bad Faith
Insurance Laws / Regulations
Mr. Citron has served as an instructor for Prudential Insurance Company Brooklyn Agency (1973) educating personnel in general insurance matters, underwriting, and insurance law. He has worked with companies including Prudential Insurance Company, United States Life Insurance Company, North American Company for Life and Health Insurance, American General Life Insurance Company, William Penn Life Insurance Company, American Life Insurance Company, Chubb Insurance Company, Travelers Insurance Company, Mass Mutual Insurance Company, John Hancock Insurance Company, and American International Group (AIG), among other.
For the first time, end-of-life issues and the impact of the loss on the insured is the topic. Most of my writings concern insurance in one form or another. I have discussed the many types of insurance, what to look for in each policy, what coverages are available. I've written about what to expect from an insurance company, an agent, or a broker.
It's a daunting decision, whether or not you need to pay for an insurance expert when you have an insurance claim. Typically, you would just contact your broker to handle things. And while this might be the right and necessary decision, your broker represents the insurance company. That means they work for them, not you. If you're in a fender bender, then calling your broker or agent is most likely the best first step. The truth is that you may be able to handle the matter yourself. Once you make the call and file the claim, the insurance company's adjuster will come out, take note of the damage, assign a value and pay you. If your body shop disagrees with the claims adjuster, they can call the adjuster, file a subsequent claim, and handle the matter for you.
Errold Moody, PhD, MSFP, LLB, has over 50 years of experience analyzing Personal Financial issues including real estate, stocks, bonds, limited partnerships, divorce, taxes, estate planning, retirement planning, ethics, social security, medicare, behavioral economics- literally all elements impacting an individual.
Dr. Moody's current website, Financial and Economic Daily Commentary 2021, has been hailed by USA Today as, "...a high-powered personal bookmark list that spans the spectrum of the truly useful," and Forbes as a site, "...to find some great information." Dr. Moody's vast knowledge base comes from years of practice in the aforementioned fields and from having served for decades in theInstruction of:
Real Estate courses for University of California Irvine, plus continuing education;
Financial Planning courses for University of California at Irvine and Berkeley as well as others;
Courses accepted by the California Bar for continuing legal education in Investing and Insurance- the first ever by a State Bar.
Litigation Support - Dr. Moody has acted as a Securities Arbitrator for the NASD and as an Expert Witness numerous times over his career. He serves as a consultant researching and preparing reports for CPAs, attorneys, and individuals for real estate and investing and insurance issues, and has acted as a Financial Planner for individuals and businesses.
Dr. Moody is an expert in Breach of Fiduciary Duty. His background experience allows for unparalleled skill at distinguishing the duty of a fiduciary - identifying potential Risk of Loss before purchase and then establishing how much risk the client would truly accept.
This article asserts that investor problems are caused primarily by one major issue - lack of knowledge. Knowledge is woefully nonexistent at all levels in American financing, investing, and retirement planning. This article examines the various recent systemic failures that demonstrate how lack of knowledge, along with forces and incentives, continue to promote system failure despite its grievous impact on individuals, especially the elderly who
What’s the issue? The inverted yield curve. The great injustice to all is that this fact was known by (apparently) just a few due to poor initial licensing instruction/knowledge as defined by the SEC/FINRA (where there is nothing on how to use a financial calculator) and inadequate continuing education by the planning organizations (CFA, CFP, ChFC, CPA et al;) overseeing their memberships. (And it made little inroads with my students in 1999.
There really ain’t none. You are going to find that most texts actually do not address risk properly. This is the type of graph in instruction and it can include other sub categories. But no matter how one wishes to use one type versus another, what one is really concerned about in bottom line of investing is: How Much Can You Lose
Arbitration cases submitted to the NASD generally cover the issues of negligence, breach of contract, breach of fiduciary duty, unsuitability, failure to supervise and misrepresentation. For most purposes, they all tend to say the same thing- a failure to gauge risk
From showing readers how to find advisers they can trust to dispelling myths about asset allocation, dollar-cost averaging, and more, No-Nonsense Finance is the ideal financial reference. Readers will enjoy, and profit from, Moody's irascible, often irrev
Digital Forensics Expert Witnesses Evidence Solutions Inc
Evidence Solutions, Inc. (ESI) is a premier Data and Information Forensics company established in 1982 to help clients obtain, understand, and utilize all the data and information available to them. We can analyze cell phones, computers, hard drives, EDRs, reconstruct accidents, provide trucking standard of care consulting, recover digital data, and provide expert witness testimony in our many areas of expertise. Our experts can help you understand what needs to be done, what should have been done, and what to do next. Call us today so we can help you!
Litigation Support - Evidence Solutions' team of expert witnesses provide litigation services in digital forensics, auto and truck accidents, accident reconstruction, EDR forensics, sports injury, police standards and policies, CMV standards, Greek fraternity issues, product failure analysis, and medical record recovery and analysis. No matter how complex the case, they can help you discover what happened and present it in a way that everyone can understand.
Areas of Expertise:
Auto & Truck Accidents
Cell Phone Forensics
Black Box Forensics
Police Standards and Policies
Greek Fraternity Issues
Product Failure Analysis
Medical Record Recovery and Analysis
Real Estate Transactions
Triangulation / GPS
Featured ESI Experts:
John Ross - Commercial Motor Vehicle - Heavy Vehicle - Truck Driving Standard of Care ExpertWitness
John Ross has been driving commercial vehicles professionally since 1993 and boasts a blemish-free, no violations record. His experience includes owner/operator, safety director, and compliance director. He has significant experience in safely transporting hazardous materials (HAZMAT) including oil field operations and transportation. John also has significant experience in loading, unloading, and load securement.
Expertise: Commercial Vehicles (18 Wheeler), Commercial Vehicle Safety Facilitator, Tractor-Trailer Inspection, CMV Operations, HAZMAT Handling, HAZMAT Driving, Tractor Maintenance, Trailer Maintenance, Professional Driving, Standard of Care Expert, Trailer Loading and Unloading Safety, Truck Driver Actions, Truck Driver Responsibilities, Driver Qualifications, Driver Training, Federal Trucking Regulations (FMCSRs), State Trucking Regulations, Driver Training Instructor, Double & Triple Trailer Driving, Trucking Industry Safety Standards, Loading and Unloading of Hazardous Liquid Safety, Oil Field Heavy Trucking Expertise, Electronic Logs / Electronic Logging
Joseph Renda - General Aviation - Unmanned Aerial Systems - Aviation Maintenance Expert Witness
Joseph Renda is an experienced General Aviation pilot with over 6,800 flight hours. He is FAA certified for Unmanned Aerial Systems, Single Engine Land, Multi Engine Land, and Instrument. Mr. Renda also has decades of experience in Aircraft Acquisition, Repair, and Sales including international acquisition. He has maintained and audited maintenance records and understands compliance and regulatory issues surrounding them.
Expertise: General Aviation Repair, FAA UAS Pilot (Unmanned Aerial Systems), Commercial Single Engine/Instrument Rating, Commercial Multi-Engine / Instrument Rating, Land Instrument Training, International Aircraft Acquisition, Airplane Paint and Interior Refitting, Photo and Video Marketing of Aircraft, Aviation Maintenance and Services, Aircraft Sales, General Aviation Pilot Standard of Care, Ultralight Instructor, Maintenance Record Keeping Requirements, Person-Machine-Environment Interface
Daniel J. Brown - Law Enforcement Standard of Care Expert Witness
Daniel J. Brown served in the Law Enforcement profession for nearly 22 years, with close to 28 years of combined policing and military service. He is a seasoned professional with proven leadership skills. He helped establish a municipal police department from inception and used this knowledge to re-build two different fledgling police departments as a police chief. Mr. Brown is a decorated military veteran of two branches of service, holds a graduate-level education, and is currently pursuing his Ph.D. His experience in law enforcement ranges from municipal, county, tribal, and military. He is also a graduate of the 267th Session of the FBI National Academy.
Expertise: Community Policing, Preventing Violence through Community Policing, Major Crimes Investigation, Police Policy and Procedure, Increasing Department Productivity, Municipal, County, Tribal and Military Law Enforcement, Threat Assessment and Management, Enhancing Community Trust, Intelligence Led Policing, School Resource Officers Management, Arizona Peace Officers, Advanced Accident Investigations, Criminal Jurisdiction in Indian Country, Firearms Instruction
Frederick J. Fisher, JD, is the President of Fisher Consulting Group, Inc., a Professional Liability firm. Since his career began, Mr. Fisher focused on one vision: providing financial security to the client. The result was a successful 40 year career in Specialty Lines Insurance.
Mr. Fisher provides Expert Witness services and Litigation Strategies to attorneys representing Plaintiff and Defense. He testifies regularly as an expert witness in cases dealing with:
Insurance Broker Standards of Care
Real Estate Broker Standards of Care
Third Party Administrator Standards (TPA)
Claims Handling and Bad Faith
Wholesale Broker Policies with "gotchya's"
For almost 20 years, Mr. Fisher was the Founder of E.L.M. Insurance Brokers, a Wholesale & MGA facility specializing in Professional Liability and Specialty Line Risks. In 1995, he formed what is now known as ELM insurance Brokers, a firm that has acted as an MGA and Wholesale Broker of Professional Liability Insurance and Specialty Lines. From nothing, the firm grew rapidly to a $30 Million dollar facility when sold in 2008
Mr. Fisher began his career on the service side, as an Independent E&O claims adjuster. In 1982, he bought the Company. In only 4 years, the annual billings increased by 400%
In 1989, Mr. Fisher became a Founding Member of the Professional Liability Underwriting Society (PLUS), and was elected to the PLUS Board of Trustees in 1993. After serving in all Officer capacities, he was elected President in 1997. He remains a Special Materials Expert for several RPLU courses and is the Senior Technical Advisor for The Professional Liability Manual, first published by the International Risk Management Institute in 1990
For more information on his Litigation Support Services, Email Frederick Fisher at: firstname.lastname@example.org
The article was consistent as to the general duties that have been decided throughout most of the United States. The article stated that the a duty of an insurance broker is generally limited. The general standard requires the agent / broker to use reasonable care and diligence to procure the coverage requested by client. Most courts have examined the scope of a broker obligations and have concluded that the duty does not include recommending specific types or limits of coverage.
The basis for many of the “absolute” exclusions is that the excluded exposure is supposed to be covered under other policies or not at all as to the insured’s conduct. In other words, if you have an E&O policy, insureds should not look to the policy to cover them for typical directors and officers exposures, employment practices liability exposures, or even technology exposures
Insurance defense attorneys inhabit a confusing world in which even the "routine case" may need an expert witness for trial or a consultant to help with an early evaluation for settlement purposes. The legal precedents, regulations, and such don't often say what the profession's standard of care in the community is in the exact situation.
Rarely are clients immediately aware of the wrongful or erroneous actions of the "professional" they trusted to perform specific duties or services; mainly because "professional" acts or errors do not or only seldom cause immediate injury. A "professional's" wrongful acts or errors may not manifest in client injury until long after the act is perpetrated or the error is committed.
Two mutually exclusive goals are beginning to result in apparently unintended results within the executive and professional liability markets. The quest for underwriting profits and the desire to develop clear (to whatever extent possible) coverage language have rapidly changed the coverage landscape within these two lines of coverage.
The 35-year history of the claims-made policy form has not brought it stability or standardization. In fact, claims-made forms have begun to incorporate with increasing frequency additional and exclusionary language that is unfavorable to the policyholder.
The claims audit is the anathema of day-to-day claim operations. Nothing is more disruptive. Yet, if properly defined, nothing is more informative and helpful in improving a claim management program. This article will examine the need for a regular auditing program and provide a recipe for a three-dimensional approach to the process in order to maximize the accuracy of the audit results.
Professional liability claim management is a unique area of insurance claim responsibilities. Indeed, there are as many ways to supervise, manage, and investigate professional liability claims as there are different lines of professional liability coverage. This article will address the key issues that are involved in the investigation and resolution of nonmedical and non-D&O claims under professional liability policies.
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.
Guy O. Kornblum has specialized as a Trial and Appellate Lawyer for 40 years. He has handled over 4,000 litigated matters to conclusion and has several million dollar cases to his credit. Mr. Kornblum has represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations during his 40 plus years of practice. He is highly regarded for his courtroom and appellate skills, and his representation of his clients in mediations, where he has a strong track record of successful settlements.
Litigation Support - Mr. Kornblum serves as a mediator and expert witness and has qualified as an expert in federal and state court. His testimony on insurance claims handling was cited by a California Court of Appeal in upholding a jury verdict in favor of a plaintiff in an insurance bad faith case.
Insurance Company Claims Practices - personal and commercial, property and casualty, employment coverage, director‘s and officer‘s coverage, professional liability coverage, general commercial coverage, life, health and disability insurance, bad faith, serious personal injury, professional liability, real estate, employment matters, and fraud claims involving employee welfare benefit plans, wrongful death, and actions claiming punitive damages
Standard of Care in Legal Malpractice Cases Involving Civil Litigation Issues
Case Settlement Value
Mr. Kornblum is Certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the prestigious National Board of Trial Advocacy, and is a Fellow, American College of Board Certified Attorneys. He is also a Life Member of the Multi-Million Dollar and Million Dollar Advocate’s Forum, for those attorneys who have achieved multi-million dollar awards or settlements for their clients. Mr. Kornblum is also a Charter Fellow in the Litigation Counsel of America Trial Lawyer Honorary, a Platinum Member of The Verdict Club, recognizing his “professional excellence in litigation,” and a Legends Society “Top Lawyer” in the personal injury field, and a Silver Member of the Elite Lawyers of America. He has been selected as a Super Lawyer each year since 2006.
One of the best techniques for settling cases at mediation is to take a consultant or expert witness with you to the session or at least have them available by telephone. I have used this approach in many cases with considerable success. The manner in which this is done varies depending on the complexity of the case, the extent of the consultant's or expert's involvement and what disputes or unresolved issues depend on expert testimony.
This book serves as a comprehensive guide to effective settlement techniques in the context of personal injury litigation. It helps you determine a settlement amount, choose the most appropriate form of settlement, and work with clients, mediators, and others to get the best settlement.
Written by renowned experts, this practical book details analysis and litigation of causalty policies. Explains specific insurance coverage for intellectual property claims, advertising injury, environmental losses, personal injury in business claims and duty to defend. Contains step-by-step strategies for insurance litigation and discusses how to use experts and investigators. Includes a copious amount of useful checklists and practice tips from expert litigator
Professional Liability Insurance Expert Witness Ty Sagalow
Ty R. Sagalow is the Founder & CEO of Innovation Insurance Group, LLC. Founded in 2012, IIG is a premier insurance consulting firm providing expert witness services, specializing in the management and professional liability lines. Mr. Sagalow is a 35 year insurance veteran with prior senior roles at AIG (25 yrs) as Chief Underwriting Officer, Chief Operating Officer, General Counsel and Chief Innovation Officer of various divisions. Following AIG, Mr. Sagalow was Chief Innovation Officer at Zurich NA and the Tower Group.
In the expert witness field, Mr. Sagalow has been retained over 100 times including testifying over 40 occasions (as of August 2021), over 6 times at trial/arbitration/Hearing in various insurance disputes, on behalf of both the policyholder and the insurance carrier.
Mr. Sagalow is a cum laude graduate of Georgetown University Law Center and holds a L.L.M degree from New York University Law School.
According to the U.S. District Court, “Mr. Sagalow’s diverse professional experience demonstrates a breadth of experience drafting and interpreting policies, making underwriting decisions, and claims handling… The Court that Sagalow's experience, training and education provided a sufficient foundation of reliability for his testimony. His specialized knowledge in the insurance field may be helpful to the trier of fact in understanding the evidence or determining facts in issue...Mr. Sagalow is qualified under Rule 702 of the Federal Rules of Civil Procedure.Ideal Client Engagement:
Law firms needing expert witness for D&O or E&O coverage disputes (either party)
Insurance Claims departments needing expert witness for D&O or E&O
Investment firm seeking expert opinion on most areas of P&C insurance
A director or officer being sued or investigated for allegations of mismanagement is facing one of her or his worse nightmares. His reputation is at stake (often fueled by a stream of adverse news articles in the local press) and, because a director's or officer's liability even for "corporate decisions" is a personal liability, such a claim can be a financial nightmare as well. The situation is made all the worse when the director receives notification that the D&O insurer may be denying coverage. This article will lay out the top ten steps for a director to take to put him back in control. It all starts with
Jay Hibert was in the Commercial Banking Industry for over 30 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 annd 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 100 times as an expert in 13 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*****
Lezlee Liljenberg, CIC, CRIS, MLIS, PA, MA, entered the Insurance business in 2004 as she started her first agency from ground zero, growing the business to over $6 million in revenue in less than 12 years.
Ms. Liljenberg holds a BA in Journalism/Public Relations and a MA in Political Science/Public Administration from the University of Texas at Arlington. She is a Professional Financial Representative holding licenses as 6 & 63 Securities, a Property & Casualty Agent, Life & Health Agent, Risk Manager, Public Adjuster, and Texas Real Estate Broker.
She is well-known in the insurance and real estate industries for her responsiveness, knowledge, and professionalism in handling situations in both of these industries. Her 36 years of contractual knowledge is extensive and is strengthened by her years as a Commodity Electricity trader during Deregulation in 2001.
Litigation Support - Ms. Liljenberg provides Insurance Expert Witness services to attorneys representing plaintiff and defendant. She offers thorough reporting, depositions, and trial testimony as needed.