Employability - Earning Capacity Expert Witnesses: 9

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

Frank Carr has extensive background and experience as an Investment Industry Employment and Compensation Expert Witness, especially in Investment Management Firms, Mutual Funds, Hedge Funds, Wealth Managers, and Broker-Dealers. Mr. Carr is a former corporate banker, investment firm Chief Financial Officer, and a 20-year veteran of executive search for the Investment Management industry. He has written articles for and has been frequently quoted by publications such as Bloomberg News, CNN Money, Fund Fire, Ignites, Absolute Return, Hedge Fund Alert, and Hedge Fund Manager Week. Prior to entering the executive search field, he was the Chief Financial Officer of a Connecticut-based hedge fund and Commodity Trading Advisor (CTA). Mr. Carr started his career in commercial bank lending, initially with Citigroup in their Wall Street Commodities division and later specialized in financing independent feature film producers, TV producers, and television station owners on behalf of European American Bank in New York. 

Litigation Support - Frank Carr is an Investment Industry Employment and Compensation Expert Witness who has been retained by both plaintiffs and defendants for American Arbitration Association, JAMS and FINRA arbitration, mediation, and federal court litigation. Mr. Carr has over 30 years of experience in Financial Services, Investment Management, and Banking and his areas of coverage include Traditional and Alternative Investments – Equities, Fixed Income, Mutual Funds, Hedge Funds, Private Equity, and Managed Futures. Specialist in Wall Street Divorce. 

Areas of Expertise:

Prior Expert Witness Assignments:

• Represented a hedge fund portfolio manager as an expert rebuttal witness in a high-profile hedge fund employment/compensation lawsuit. Prepared a rebuttal opinion letter submitted to the United States District Court for the Southern District of New York.
• Represented a $12 billion Texas-based SEC Registered Investment Adviser and leading global alternative credit manager in a JAMS arbitration regarding a terminated employee. Prepared a rebuttal expert witness report and provided live testimony at the JAMS arbitration hearing.
• Represented a financial advisor in a FINRA arbitration against one of the top 5 U.S. wealth management firms. The scope of the opinion included projected career advancement, compensation analysis, and calculation of lost earnings.
• Represented a portfolio manager/ investment analyst in a wrongful termination action against one of the largest U.S. Broker-Dealers with over $600 billion in assets. The scope of the opinion included projected career advancement and compensation analysis. Prepared an expert witness report and provided live testimony at the FINRA arbitration hearing.

Education - Mr. Carr is a graduate of Williams College where he received a Bachelor of Arts degree in Political Economy. He completed the Management Training Program at Citigroup in New York, including courses in accounting, finance, and capital markets. He has previously held FINRA licenses, Series 3, 6, and 63, and has completed Level I of the Chartered Alternative Investment Analyst (CAIA) program.

View Frank Carr's Consultant Profile.

Ramona Powell, SPHR, founder of exPRt HR Consulting, LLC, has 30 years of C-Suite Human Resources and Expert Witness Experience. She prides herself on linking human capital with business strategy.

Litigation Support - A nationally certified Senior Professional in Human Resources, Ms. Powell has a proven track record as an expert witness. Having served as an expert on over 25 cases, legal professionals for plaintiff and defense retain her for her proven ability to provide clear and concise opinions in cases covering a wide variety of topics. As an experienced business partner, she delivers results across all strategic and operational Human Resource practice areas.

Areas of Expertise:

Discrimination

Employment

Background Experience - Ms. Powell has proven experience developing peak performing HR organizations that support business strategy, productivity, and profitability. She is a strategic business partner to C-suite, with global experience in technology, healthcare, manufacturing and distribution operations in the U.S., Mexico, Europe, and Australia across diverse industries. Ms. Powell is responsible for the successful design and implementation of strategic HR initiatives, building and developing high performance HR teams, and aligning people strategy with corporate strategy.

View exPRT HR, LLC's Consulting Profile.

Boston Office
900 Greendale Ave., Unit 10
Needham MA 02492
T: 781-209-5820 F: 617-507-8412

CHRISTOPHER S. REECE has more than 25 years of experience in Executive Search and Management Consulting. He currently serves as Managing Director of EMA Partners, Boston, a firm that provides executive search consulting services. He also co-founded Group/HSA, a management consultancy specializing in human capital management based in Boston, and earlier Reece & Mruk Partners. Mr. Reece has conducted over 300 executive searches and numerous organizational and executive assessments.

Areas of Expertise: Executive Compensation, Employability, Executive Search, Career / Vocational Assessment. Outplacement, Earnings Capacity

 View Curriculum Vitae. 

Chicago Office

RICHARD D. SBARBARO is Chairman of Lauer, Sbarbaro Associates • EMA Partners International, an executive search organization. He has conducted over 1,400 senior-level search assignments including industrial, commercial, financial services, consulting, technology, healthcare and the academic/not-for-profit sectors. He has advised clients nationally on issues of Organization and Compensation, and has provided valued counsel to senior management regarding Executive Appraisals and Management Evaluation. Mr. Sbarbaro has been retained by attorneys for plaintiff and defense.

Areas of Expertise:  Executive Search, Compensation, Employability and Earnings Capacity

 View Curriculum Vitae. 

Tampa Office
413 West Palm Drive
Lakeland, FL 33803
T: 863-687-3388 F: 863-687-3388

THOMAS S. TILGHMAN  has more than 40 years of senior consulting and management experience in Compensation, Executive and International Compensation. He currently provides compensation consulting related services through Tilghman Associates LLC. He has conducted compensation and human resources related projects in a wide variety of industries including high tech, pharmaceuticals, banking and oil industry. He has worked with start-ups to Fortune 100 companies.

Areas of Expertise: Executive Compensation, Executive Pay and Benefits, Outplacement, Career / Vocational Assessment, Earnings Capacity, Employability

 View Curriculum Vitae.

Dr. Christopher A. Lowery, DHSc, CLCP, is an international Clinical Health & Rehabilitation Consultant with a special interest in global health initiatives. He is board-certified as a life care planner practitioner specializing in health promotion and prevention through the use of holistic, evidence-based approaches using a biopsychosocial health consultation model for all patients/clients that suffer from associated disabilities and health impairments.

Since 2002, Dr. Lowery passion has been to educate, empower, and provide hope to individuals with catastrophic health impairments. He focuses on educating and counseling patients/clients on improving their quality of life, addressing social, cultural, and behavioral barriers across diverse populations impacted by poor healthcare conditions. 

He currently holds the following degrees: Bachelor of Science in rehabilitation studies from University of North Texas (07), Master of Arts in human and health administration services from University of Oklahoma (10), Post-Specialty Certificate in life care planning from Capital University Law School (12), Post-Master's Certificate in rehabilitation counseling from University of Arkansas at Little Rock (14), and Doctor of Health Science in global health from Nova Southeastern University (16).

Dr. Lowery holds a board certification in life care planning as a Certified Life Care Planner (CLCP) from the International Commission on Health Care Certification (ICHCC), which is accredited and recognized by the American National Standards Institute National Accreditation Board (ANAB). This prestigious certification attests to his qualifications and competence in healthcare delivery systems. ANAB’s accreditation ensures that the certification process meets rigorous international standards, confirming his aptitude and expertise for his role as a practitioner.

**If you have a case needing Dr. Lowery's expertise, please feel free to call his office for a free consultation.

Note: Please see below our website for more areas of expertise. 

Areas of Expertise:

View Christopher Lowery's Consulting Profile.

Beth De Lima, MBA, SPHR-CA. consults with Plaintiff and Defense attorneys in regard to human resource management, the American with Disabilities Act (ADA), Family Medical Leave Act (FMLA), discrimination and related topics.

Ms. De Lima is nationally certified as a Senior Professional in Human Resources with a California specific certification (SPHR - CA) by the Society for Human Resource Management (SHRM) and was appointed to sit on the Employee Health, Safety, and Security Special Expertise Panel, 2006-2010. She is a certified mediator, U.C. Berkeley, Extension Program and had been appointed to the Amador, Calaveras, and Tuolumne County Superior Court Mediation Panels. Specifically, Ms. De Lima can assist you in preparing responses and compiling evidence for existing cases. Her litigation support services may be used to:

• Formulate questions for depositions
• Conduct investigations and interviews
• Evaluate the adequacy of personnel policies
• Analyze evidence and presentation materials
• Identify case weaknesses and alternative strategies
• Document employee physical suitability for work
• Determine "reasonable accommodation"

Please visit her website at www.hrmconsulting.com for more details. Ms. De Lima has offices in Murphys and San Jose California and are available at your convenience to discuss cases on a confidential and complimentary basis.

View Consulting Profile.

Kit Darby was the president of AIR, Inc., the largest Career Information Resource company for pilots for 25 years. Mr. Darby Provides Answers and Statistical Data, but also Guidance through the Constantly Changing Aviation Industry. He works with Military, General Aviation, Corporate, and Commuter Pilots transitioning to the larger airlines. Mr. Darby provides complete, timely, and accurate career information to help pilots make informed decisions throughout their job search and to assist them in their career development as an airline pilot. Retired United Airlines captain, airline and military instructor pilot.

AIR-Experts Services Provided:

• Pilot Career Earnings and Employability Models
• Depositions and Trials
• Expert Witness and Litigation Support
• Case Preparation and Analysis

Pilot Forecasting:

• Pilot Hiring and Equipment forecast
• Economic Forecast
• Pilot Supply and Demand
• Pilot Hiring Trends
• Pilot hiring requirements

www.KitDarby.com

• Psychometric Testing
• Loss of Earning Capacity Calculations
• Labor Market Surveys
• Transferable Skills Analysis
• Specific Job Analysis

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.