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.
Stefan Boedeker, PhD, is a Director with Berkeley Research Group, LLC (BRG,) specializes in the application of Economic, Statistical, and Financial Models to a variety of areas such as solutions to business issues, economic impact studies, and complex litigation cases.
Dr. Boedeker has extensive experience applying economic and statistical theories to class action related matters. His experience also includes applying economic and statistical theories and methodologies to employment related matters such as discrimination, wrongful termination, and wage and hour cases.
Dr. Boedeker provides Consulting and Expert Services to clients across a wide range of industries, including Healthcare, High Technology, Entertainment, Manufacturing, Retail, Real Estate, Insurance and Financial Services, and Federal, State and Local Governments. He has issued expert reports and has given deposition and trial testimony in state and federal court.
Lawrence Amsel, MD, MPH, specializes in Forensic Psychiatry, including personal injury and psychiatric malpractice. With an MD from Yale University and an MPH in Biostatistics from Columbia University, Dr. Amsel combines his academic credentials, including multileg publications, and clinical expertise including decades as an inpatient and emergency room psychiatrist. With this experience he serves as an expert witness to offer excellent evaluations, written reports and court testimony.
Dr. Amsel provides Litigation Support services to attorneys representing Plaintiff and Defense. His services include serving as expert witness in psychiatric aspects of personal injury, psychiatric malpractice, medical record review for causation and standard of care. He has expertise in trauma, PTSD, suicide, Prolonged Grief Disorder, competency issues and medical decision making. He was one of the early champions of the application of Decision Science, Game Theory, and Behavioral Economics to Psychiatric Research.
Areas of Expertise:
Psychiatric Personal Injury
Prolonged Grief Disorder
Psychiatric Practice Sandards
Health Care Standards
Behavioral Economics in Health Care
Health Care Game Theory
Background - Dr. Amsel serves as an expert witness in matters related to psychiatry, with a focus on Malpractice, Post Traumatic Stress Disorder (PTSD), Suicide, Grief, Medical Decision Making, Hospital Psychiatric Care, and appropriate Evidence-based Standards of Care. Excellent references from multiple law firms are available on request. Dr. Amsel's expertise in dealing with the interface of legal and psychiatric issues is based on 28 years of experience in clinical practice, academic psychiatry, research, and public health, as well as his experience as an expert witness. Dr. Amsel studied mathematics at Columbia University before entering Yale University School of Medicine. After completing residency training he joined the Columbia faculty completing two prestigious National Institute of Mental Health research fellowships and obtained an Masters in Public Health (MPH) specializing in mental health statistics, and Child Psychiatry Research. As an expert on the effects of traumatic experiences, especially after 9/11, Dr. Amsel co-directed the Trauma Studies and Services Division at the New York State Psychiatric Institute. He has been extensively involved in treating victims of 9/11 and their families, in doing research on the effects of the 9/11 attacks on the survivors and First Responders, and in training clinicians in cutting edge treatments for PTSD and Complicated /Traumatic Grief. This has given him a strong foundation as an expert on PTSD and other psychological effects of various types of trauma. It has also made him an expert on malpractice cases in this area.
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 as 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
Mascara falsely labeled as being natural. Label claims “Natural” fibers on mascara are alleged and proven to be false. Class action filed and DMA Economics is tasked with computing aggregate damages to the class who purchased the mascara at a premium because they believed it was natural.
The fund managers were alleged to have violated their fiduciary duty to maintain proper diversification in the fund by allowing one particular security to make up more than 25% of fund value and up to over 40% of fund value by mid-2015.
This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.
Eric Forister, PhD, is an expert Economist with testifying experience on market definition, market power, and damages. His expertise includes applying advanced statistical techniques to datasets, synthesizing information from documents, and designing and evaluating surveys. A Senior Economist at Econ One, he focuses on relevant questions to tackle complex issues with an efficient and effective style of communication. Dr. Forister also has extensive experience consulting on issues including royalty rates, irreparable harm, sampling, survey design, common impact, and materiality.
Ideal Client Engagement: For litigation-related matters, an ideal engagement would be providing an opinion on economics, damages, market power, or market definition; or providing pre-litigation advice on the economics of potential claims, or the merits of a survey. For non-litigation matters, an ideal engagement would be helping to explain the economics of different business models or consulting to those considering buying or starting an optometry office.
Experience: Dr. Forister has acted in a support/consulting role on over 100 matters. His support work has been a mix of plaintiff and defense work. Dr. Forister has designed and evaluated surveys for IP and marketing cases and worked on a wide range of other matters, including:
Dennis M. Giuffré is an Economist and Professional Engineer in private practice since 1978, and previously with the consulting firms, Allstates Engineering Company and Equitable Environmental Health, Inc.
Background Experience: Prior to a consulting career, Mr. Giuffré engaged in basic subsurface research at Texaco, Inc., corporate planning and development at the Gulf Oil Corporation, process engineering and design at the Petro-Tex Chemical Corporation, and process engineering and economics at the Olin Corporation, among other companies.
Economic Damages Expert Services: Mr. Giuffré provides expert witness services primarily in the area of Economic Damages, and in related economics and technical issues. He has been engaged by both plaintiffs and defendants, and has testified as an expert witness in federal and state courts, and in arbitration and administrative hearings.
Mr. Giuffré has been retained as a damages analyst and expert in insurance claim losses, patent and other intellectual property infringement, trade secrets misappropriation, antitrust, breach of contract, deceptive trade practices, unfair competition, unconstitutional taking, products liability, negligence, breach of fiduciary duty, fraud, defamation, slander, trespass, legal malpractice, and numerous other causes of action pertaining to business entities; as well as in personal injury, wrongful death, medical malpractice, discrimination, retaliatory discharge, class action, and other causes of action pertaining to individuals and households.
Malcolm S. Cohen, PhD, President of Employment Research Corporation, has over 30 years of experience in the field of Economics and Employment specializing in Labor Markets and Statistical Analysis.
Dr. Cohen founded the firm in 1997, after retiring as the Director of the Institute of Labor and Industrial Relations at the University of Michigan, which he directed for 13 years. With a PhD in Economics from the MIT in 1967, his research interests include labor market information, labor turnover, employment forecasting and labor shortages. He has directed several major studies to identify national shortage occupations and measure labor turnover using administrative records.
Dr. Cohen's book, Labor Shortages as America Approaches the Twenty-first Century, was published by the University of Michigan Press. His most recent book, Global Skill Shortages, written with Professor Mahmood A. Zaidi, is published by Edward Elgar Publishing. He has had articles published in a large number of journals, including: Journal of Human Resources, Monthly Labor Review, Journal of Political Economy, Review of Economic Statistics, Journal of Economic Theory, and The American Economic Review.
Litigation Support - Dr. Cohen has either testified or been a consultant in over 1,000 audits or cases and has testified over 150 times. He has also served as an expert to the EEOC and U.S. Department of Labor in discrimination cases, and has directed many research projects sponsored by government agencies.
As the world entered the twenty-first century, global skill shortages in many occupations were evident throughout the world. While these were mitigated by a global recession, there is no generally agreed upon method for measuring these shortages. This book discusses various theories for measurement. Using data collected from 19 developed countries in North and Latin America, Europe, and the Pacific region, the authors explore various aspects of skilled labor shortages, develop a methodology of measuring shortages by occupation, and provide estimates of the likelihood of the occurrence of such shortages.
Predicting labor shortages is of great importance for planning education and training of the nation's present and future labor force. Malcolm Cohen has developed an innovative approach to measuring labor shortages. Originally sponsored by the U.S. Department of Labor, his work is presented here, updated for 1994.
Scott D. Gilbert, PhD, has over 20 years of experience specializing in Economics and Statistics. He is an academic research economist, financial expert, and statistician, with banking sector experience.
Dr. Gilbert received his PhD degree in economics in the year 1996, and before that worked as an economics research associate at the nation's central bank on the west coast, the Federal Reserve Bank of San Francisco. He serves as associate editor of The American Statistician, and his academic research has been published in high-quality peer-reviewed journals in the fields of Economics, Statistics, and Finance. He also has 25 years of teaching experience in economics and statistics, at University of California San Diego, Claremont Graduate School, University of Mississippi, Southern Illinois University, and Webster University.
Dr. Gilbert is a Member and Board member of AAEFE (American Academy of Economic and Financial Experts), a member of the NAFE (National Association of Forensic Economics), the AEA (American Economics Association), the National Bar Association, and the CPDE (Collegium of Pecuniary Damage Experts).
Litigation Support - Dr. Gilbert provides expert witness and litigation support services on economic matters in tort and contract law, via the consulting firm Gilbert Economics. Since 1998, he has served as an economics expert on a range of legal matters, in cases filed in Illinois, Indiana, Missouri, Kentucky, and Mississippi. As an expert witness he serves all Midwest states, and does not charge clients for travel time or expenses in the states of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Minnesota, Tennessee, or Wisconsin.
Dr. Gilbert uses his expertise in economics, statistics, and financial matters to assist both plaintiff and defense lawyers in tort and contract cases. As an academic and researcher, his approach to loss and damages estimation is modern and rigorous. Equally important for litigation matters, he knows that evidence documentation is key to developing useful expert opinions, and he assists attorneys in the discovery process. He also explains to lawyers weaknesses in opposing experts' views. His writing in this area has appeared in the Journal of the Missouri Bar Association, and more is (tentatively) forthcoming in the Illinois Bar Journal.
This book covers the subject of economic damages and its role in insurance claims and lawsuits against businesses. After reading and understanding this book, the reader will be able to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain the key determinants of economic damages, and estimate economic damages and business loss in a variety of cases.
Huggins Actuarial Services, Inc is a full-service independent consulting firm with more than 100 years of experience providing innovative and clever solutions to a wide range of Actuarial and Risk Management challenges. They offer a wide range of tactical consulting services providing valuable assistance in the day-to-day operation of your firm, as well as strategic consulting to inform decision-making on matters of extreme gravity.
Litigation Support - Huggins’ credentialed actuaries have extensive industry experience providing expert witness testimony as part of legal proceedings or for valuation services. Their actuaries are renowned industry experts, providing credible unbiased advice to the client. An actuary providing expert testimony performs an important service to the forum, the finder of fact in the forum, and the public by providing information that can be critical to resolution of disputes. This may include explaining complex technical concepts so they can be understood by the audience to whom the testimony is directed.
Clients are usually a law firm, insurance entity, or an individual person. Huggins undertakes insurance and reinsurance litigation and arbitration support projects and provides assistance as the client may request, and will generally consult with, advise and assist the client. Huggins’ expert actuaries work with the client to evaluate the strengths and weaknesses of the case in order to formulate the best possible strategy. Clients typically request the following services:
Areas of Expertise:
Lawsuit, Arbitration, Deposition Support
Actuarial Malpractice Support
Actuarial Work Product Review
Collateral Negotiations / Disputes Claims
Ronald T. (Rusty) Kuehn, FCAS, MAAA, CERA, CPCU, ARM, FCA, is a Consulting Actuary with Huggins Actuarial Services, Inc. and a Fellow of the Casualty Actuarial Society and the Conference of Actuaries in Public Practice, a Member of the American Academy of Actuaries and the International Actuarial Association. In addition, Mr. Kuehn holds the Chartered Enterprise Risk Analyst (CERA) designation, the Chartered Property-Casualty Underwriter (CPCU) designation, and the Associate in Risk Management (ARM) designation.
Mr. Kuehn is professionally active; he has served as the chairman of the Casualty Loss Reserve Seminar (CLRS), which is jointly sponsored by the Casualty Actuarial Society (CAS), the American Academy of Actuaries and the Conference of Consulting Actuaries. He has also served on the on the Casualty Practice Council of the American Academy of Actuaries, the CAS Examination Committee and Committee for Consultants’ Interests, and as past President, Education Chairman and Board Member of the Casualty Actuaries of the Mid-Atlantic Region (CAMAR).
In addition, Mr. Kuehn has served on the Insurance Services Office Private Passenger Automobile Subcommittee and the Homeowners Subcommittee. Mr. Kuehn has also served as a Member of the Conference Task Force on Public Policy Debate of the Conference of Actuaries in Public Practice. He currently serves on the Board of the Insurance Society of Philadelphia (ISOP), and he is a member of the ORSA subgroup of the ERM Committee of the Risk Management and Financial Reporting Council of the American Academy of Actuaries. His over 45 years in business have given him a thorough knowledge of the property-casualty business both from a company and consulting viewpoint.See Full Bio and Consulting Experience.
Grover M. Edie, MBA, FCAS, MAAA, CERA, CPCU, ARM, ARP,is a Fellow of the Casualty Actuarial Society, a Member of the American Academy of Actuaries, a Certified Enterprise Risk Analyst, a Chartered Property Casualty Underwriter, an Associate in Risk Management, and an Associate in Research and Planning.
Prior to joining Huggins, Mr. Edie was Vice President and Chief Actuary at GMAC Insurance Company, where he oversaw all actuarial activities including pricing, loss reserving, and enterprise risk management in personal auto, commercial lines, auto extended service contracts, assumed reinsurance and other miscellaneous lines of insurance. He introduced Economic Capital Modeling to the organization during his tenure. His previous employers include Erie Insurance Group, John Deer Insurance, and the Insurance Services Office.
Mr. Edie has over 25 years of actuarial experience. He started his insurance career as an underwriter. The primary services Mr. Edie provides to his clients includes Economic Capital Modeling, Enterprise Risk Management, profitability analysis, rate level reviews and filings, and loss reserve analysis. See Full Bio and Consulting Experience.
Kim E. Piersol, FCAS, MAAA, is a Fellow of the Casualty Actuarial Society and a Member of the American Academy of Actuaries. Prior to joining Huggins, he served as Senior Vice President & Chief Actuary for Crum & Forster Insurance Companies. Prior to that he served as Group Vice President & Chief Actuary for CNA Insurance Companies, and was a consulting actuary for KPMG LLP, Arthur Andersen LLP, and CFO of AIG Risk Management (AIGRM).
Mr. Piersol is professionally active; he has served on the American Academy of Actuaries Environmental Liabilities Work Group, the NAIC Technical Advisory Committee on Catastrophe Reserves, the Workers’ Compensation Reinsurance Bureau Actuarial Committee, and has been a Director and Treasurer of the Professional Liability Underwriting Society (PLUS). He also served on the Professional Liability Actuarial Subcommittee of the Insurance Services Office (ISO). He has also served as a 1st Lieutenant in the United States Army Field Artillery. His over 40 years in the actuarial field have given him a thorough knowledge of the property-casualty business both from a company and consulting viewpoint.See Full Bio and Consulting Experience.
EJ Janik, CPA, CFF, CFE is a Certified Public Accountant with 40 years of professional experience. He specializes in financial audits, compilations and reviews, consulting for commercial litigation, antitrust matters, engineering and construction matters, real estate, and bankruptcy / business reorganizations matters. Mr. Janik holds a Master of Science in Accounting from Louisiana State University and a Bachelor of Commerce from Rice University. He is a member of the American Institute of Certified Public Accountants and the Texas Society of Certified Public Accountants. Mr. Janik has provided over 150 financial audits and consulted in over 765 business disputes. He has provided expert testimony in over 88 matters including trial testimony in 58 trials or hearings in 8 states. Mr. Janik's accounting services include Damages/Lost Profit analysis, Forensic Accounting, Fraud Investigations, Fact Finding, Financial Analysis, and Expert Witness Testimony when necessary. Litigation Experience:
Debt & Capital Analyses
Mergers & Acquisitions
Royalties, Commissions, Income
White Collar Crimes
Mr. Janik is also uniquely qualified to measure construction claims and damages. With over 11 years of construction experience, he has accumulated over 13,000 Engineering and Construction (E&C) auditing hours, 10,000 E&C consulting hours, and 15,000 E&C supervised hours. Construction Claims Services include:
Randall Bell, PhD, MAI, is the owner of Landmark Research Group LLC which specializes in Real Estate Damage Economics. By utilizing advanced valuation methodologies, they are able to determine what impact, if any, that a detrimental condition has on property values. His clients include government agencies, oil, insurance and utility companies, corporations, developers, lenders and property owners.
Areas of Expertise:
Complex Real Estate Disputes
Other Detrimental Conditions
Litigation Support - As an Expert Witness and Strategic Consultant, Dr. Bell can determine the merits of a claim. His experience and research includes the World Trade Center, Hurricane Katrina, Bikini Atoll Nuclear Test Sites, Chernobyl, Hiroshima, the Oklahoma City Bombing, Mt. St. Helen’s Volcano, the Manoa Hawaii Landslides and many others.
Dr. Bell has a MBA from UCLA and is the author of the book "Real Estate Damages" published by the Appraisal Institute. His career has been profiled by the Wall Street Journal, People Magazine, CNN, ABC's 20/20 and more.
Most appraisers will be asked to appraise property subject to detrimental conditions at some point in their careers. The unique problems that arise in these complex valuation situations can be addressed by applying fundamental economic principles and innovative valuation techniques. A comprehensive and valuable resource for all real estate professionals, Real Estate Damages: Applied Economics and Detrimental Conditions, second edition, provides a straightforward approach to solving these complex valuation problems.
John A. Harris, Principal of Landscape Economics, LLC, and President of Earth Advisors, Inc., is a LANDSCAPE ECONOMIST who has worked in the Arboriculture, Forestry, landscape and horticultural fields for over 20 years. Mr. Harris has provided reputable consulting, education and project management services for a wide variety of projects across the United States and internationally, in both temperate and tropical ecosystems. Areas of Expertise:
Arboriculture, Landscape, Plant Nursery, Industry Standards and Practices
The number of storms in recent years increases the need for better tree and landscape decisions for property owners. Research regarding landscape damages for different storm intensities, what plants get knocked down by winds more often, and priorities for landscape restoration have been intensified by many southern state universities' forestry and horticultural departments.
Trees and landscapes have been valued since humans were given gardens for food and enjoyment. Once people determined how to harvest seeds, how to plant gardens and landscapes, and how to relocate trees and plants, then decisions about what to use and what not to use began to set values for plants. It is this author's opinion that these practices logically date back to the beginning of history.
The value of a tree can only be determined if we agree. Any value given, whether by a layperson or a professional, is real when another person involved in the process agrees to that value. The value used in the final decision can also be a different value from the one determined by the experts who worked on it (especially when the experts worked on different sides of a valuation case).
Logistics OceanLLC provides logistics expertise that includes demand planning, bid strategy, bid optimization, mode optimization, and bid administration. You set the strategy and they handle the integration. Logistics Ocean optimization tools provide flexibility for provider selection by freight type, geography, and user customizable. Logistics Ocean can establish a full contract management process and can be integrated with your existing transportation software.
Logistics Ocean provides expertise in Logistics Economics and Pricing. They can help establish your platform for freight audit and payment processing and provide financial expertise to help plan and protect through smart procurement, budgeting, and consolidated reporting. Whether it is establishing a new financial system or expanding the supply chain, they can provide the technology and experience you need to be successful.
Brett Beavers, Principal / Owner, has 30 years of experience in the Transportation Industry negotiating contracts for 3rd (3PL) and 4th party logistics (4PL) contracts, transportation brokerage, independent contractors, agencies, and dedicated contract logistics.
His experience includes working with Amazon.com to reinvent the transportation payables process and create of one of the worlds largest logistics costing systems. Mr. Beavers also served as a Director of Transportation with J. B. Hunt Transport bringing a unique perspective as both buyer and seller to help companies improve their supply chain efficiency. He has advised on multiple acquisitions and divestitures across numerous industries and managed hundreds of contract negotiations as a shipper, broker, and carrier.
Litigation Support - Mr. Beavers has served as an expert witness for the logistics industry for a variety of topics in logistics economics and contract compliance. His experience has included small parcel, final mile, less than truckload (LTL), truckload (TL), intermodal, air, ocean, or warehousing economics. Mr. Beavers' services include independent research, industry best practices, and independent forensic review.
Ideal clients are attorneys and financial managers requiring insights into the economics of transportation as well as supply chain managers and fleet owners that are seeking to improve their operations.
Michael F. Arrigo is the Managing Partner, Healthcare Practice for No World Borders. They work with health systems, health IT companies, and health plans. His recent retentions have been by the U.S. Department of Justice (DOJ) - drug pricing, patent infringement, medical coding and billing, and Qui Tam False Claims Act and fraud case specialties.
Mr. Arrigo has in-depth experience in HIPAA mandates, the HITECH Act and Patient Protection and Affordable Care Act (PPACA) and is a published author and regular speaker. He consults to clients including Health IT investors, Health IT companies, and health plans and hospital systems in matters regarding:
HIPAA Privacy Rule, HIPAA Security Rule, HIPAA Breaches, Revenue Cycle Management, Hospital Liens in Personal Injury Cases without considering insurance as a collateral source.
Quality Measures for Medicare Advantage Hospital Value-Based Purchasing
Medicare Advantage HEDIS 5-Star Ratings for Health Plans Mr. Arrigo was recently quoted in the Wall Street Journal Venture Capital Dispatch regarding medical coding standards and Wall Street Journal Health Blog regarding venture-backed information-technology companies that serve hospitals and health insurers.
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Clinical documentation improvement (CDI) initiatives are underway in healthcare organizations across the country, with the aims of improving care and reducing costs. Are they working? At least one such initiative, at Baptist Health South Florida, is providing solid return on investment.