Intangible Assets Expert Witnesses

Kirk D. Kleckner, CPA, MBA, ABV, ASA, CFF is the Managing Principal of ValuationUSA, a boutique Valuation / Litigation Support firm. He is also the current President of Automotive Group Capital and Consulting, LLC - a ten person business specializing in the dealership industry.

Mr. Kleckner is a CPA, MBA and is professionally accredited in Business Valuation (ABV) from the American Institute of Certified Public Accountants (AICPA). He is also a Senior Appraiser of the American Society of Appraisers (ASA) and Certified in Financial Forensics from the AICPA (CFF). Mr. Kleckner is a Qualified Expert Witness with experience in complex business litigation.

Mr. Kleckner's experience includes seven years as Chief Financial Officer for a well respected top 50 dealership group. He spent nineteen years with an accounting firm as its Chief Operating Officer, Director of Business Valuation and Litigation Support Services and Shareholder.

Mr. Kleckner's expertise leverages both his professional and hands-on industry experience. His practical experience includes buying, selling and integrating of businesses and organization and owner tax planning.

Mr. Kleckner has experience as an expert witness in various legal actions including class action settlement valuation, ownership dispute valuation and business damage calculations.

Areas of Expertise:

Business Valuation

Litigation Economic Loss / Damage Analysis and Independent Opinions, Expert Witness

Product Warranty and Class Action Settlement Valuation

Dealership - Valuation, Profitability and Practices

Business Interruption, Minority Interests and Fair Value, Ownership Disputes

Estate and Gift Valuation

Succession and Business Owner Wealth Transfer Planning

Acquisition / Merger Advisory

Mining Interest Valuation

J. Armand Musey, CFA, JD/MBA, founder and president of Summit Ridge Group, LLC, provides expert witness testimony for the Satellite, Media and Telecommunications Industries. Mr. Musey is a highly regarded financial analyst with expertise in Asset Valuation, Business Valuation, Financial Analysis of Economic Damages and Financial Scenario Analysis. He also has significant experience in corporate governance and investment research practices. He offers litigation support for clients with complex financial analysis or valuation projects. His background includes Wall Street research methods and practices on behalf of defendants in insider trading cases.

Mr. Musey's industry knowledge, financial expertise and extensive writing experience allow him to expediently craft well-argued independent written direct testimony documents that withstand scrutiny in depositions and during courtroom cross-examination. Prior expert witness experience and years of communicating with investors of all types have honed his skills at orally communicating his industry knowledge and financial expertise. Moreover, Mr. Musey's legal background facilitates his ability to communicate with legal professionals, understand the legal relevance of case facts and efficiently read legal documents.

Areas of Expertise Include:

• Industry and Business
  • Broadband Communications
  • Broadcasting
  • FCC Spectrum Licenses (including orbital slot valuation and wireless spectrum valuation)
  • Satellite Communications Industry and Related Media and Telecommunications Topics
  • Wireless Communications
  • Wireless Spectrum
• Financial and Economic
  • Asset Valuation
  • Business Valuation
  • Financial Analysis of Economic Damages
  • Financial Scenario Analysis
• Other
  • Corporate Governance
  • Investment Research Practices - including accepted used of information sources and relationships with company management

View Consulting Profile.

SEDA Experts is a boutique consulting firm specializing in Financial Services. They provide superior independent advice, data analytics, valuation, and expert testimony services to financial institutions and law firms in both litigation and business contexts.

Their experts have unmatched industry experience in a vast array of financial services practices. With over 30 years as global managing directors at leading financial institutions and consulting firms, each of their experts is dedicated to applying exceptional real-world economic, financial, and quantitative principles to complex business and legal challenges.  

SEDA Experts provides independent advice, financial consulting, data analytics, valuation, and expert testimony services to financial institutions and law firms in both litigation and business contexts.

Services:

Expert Witnesses Testimony and Report Litigation Process Support Mediation Class Certification Consulting

Complex Data Analysis  Damages Calculations Engaging World Class Expert Advisory Services

Richard A. Marin, Managing Director, a former finance senior executive with over 40 years of industry experience, and a former clinical professor at Cornell University, is a world-class testifying expert. Mr. Marin is a Finance, Real Estate, and Venture Capital industry executive who is currently the CEO of Low Emissions Resources Corporation.  He also is involved in managing private equity investments, consulting on major commercial real estate and attractions projects, and an expert in the retirement field.

Mr. Marin was previously a senior executive at three major financial institutions; Bankers Trust Company, Deutsche Bank and Bear Stearns.  His initial career spanned corporate finance, sales and trading, structured products, emerging markets, processing, and several other disciplines. Later in his career, he focused on building and running large asset management businesses in both the traditional and alternative spaces and in the institutional and high net worth markets. He also served as Chairman and CEO of AFI (USA), a major distressed commercial and residential property developer, for whom he restructured over $2B of liabilities. 

Mr. Marin has been a successful financial entrepreneur, involved in founding several venture capital firms (Beehive Ventures and Green Visor Capital) and a hedge fund (Ironwood Global).  He served as CEO of the New York Wheel, a $650 million development project, from 2012 to 2017.  He is currently the CEO of Low Emission Resource Corporation, a start-up scientific research & development company working in the areas of hydrogen and ammonia production. 

He is a published author of Global Pension Crisis: Unfunded Liabilities and How We Can Fill the Gap (Wiley & Sons, 2013), Mater Gladiatrix (Lulu Press, 2017) and Gulag 401k: Tales of a Modern Prisoner (Lulu Press, 2017). View full Vitae.

 Areas of Expertise: 

Asset Management Alternative Investments Private Equity Investments

Securities Lending Retirement and Pensions Real Estate / Project Financing

Kenneth Simmons, Managing Director, has over 30 years of industry experience as Executive Vice President at leading financial institutions, and at regulatory agencies such as OCC and FDIC. He is a Review Board Member and Faculty member at the Association of Certified Anti-Money Laundering Specialists, and the North & South Metro Atlanta Compliance Roundtable Founder and Chairperson at the Community Bankers Association. 

He served as Executive Vice President and Chief Compliance Officer at Origin Bank, and in a similar position at Hamilton State Bank. During his career he was responsible for all aspects of Regulatory Compliance, he devised comprehensive BSA/AML Programs including complex layers of investigations and an enhanced monitoring system to exceed Supervisory Expectations, and developed comprehensive risk assessments, audit schedule and compliance testing programs addressing regulatory inventory of risks.

Mr. Simmons served the Office of the Comptroller Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) as Compliance/ BSA Specialist Bank Examiner. During his tenure with the OCC he was the functional Examiner-in-Charge (FEIC) on complex BSA & Compliance examinations, and the Supervisory Review Examiner for BSA/AML, fair lending, and CRA examinations. 

He evaluated effectiveness of AML systems (such as FCRM, Bankers Toolbox, and FIS (Prime) and formulated opinions on the use of such systems. He also worked directly with Supervisory office and legal staff regarding BSA/AML violations, MRAs, and consent order issuances, providing guidance and direction to financial institutions regarding resolution of these matters.

In addition, he served as the General Audit Manager for a multi-billion dollar financial institution, and he served as a Compliance Officer for several financial institutions.  View full Vitae.

Areas of Expertise:

Finance Anti-Money Laundering Bank Secrecy Act Compliance

Financial Crimes Risk Management Regulatory Compliance AML / BSA Risk Management

Kevin D. Oden, Managing Director, has unrivaled Financial Risk Management expertise and over 30 years of financial markets experience with leading financial institutions firms Wells Fargo and Goldman Sachs, holding executive positions. 

Mr. is an innovative risk manager and entrepreneur with a strong track record of leading risk teams to the forefront of industry practice. He currently serves on the Board of Directors of the Risk Management Association (RMA) and on the RMA Journal Editorial Advisory Board and the financial technology firm Scienaptic Systems.

During his career, he managed small and large teams (as many as 4000) across a number of risk disciplines including market risk, counterparty risk, model validation, risk model development, operational risk, cyber security, financial crimes and compliance. Developed an industry leading practice in model risk management with patents pending on several innovations in system design. Highly successful at building working relationships with business leaders as well as U.S. and foreign regulators. 

Mr. Oden has over 30 years of industry experience, including risk management, trading, sales, portfolio management. Superior quantitative background and communication skills provide a unique ability to deliver risk insight to all stakeholders and influence decision making throughout the firm. He was a member of Wells Fargo’s management committee and Asset Liability Committee (ALCO). 

Dr. Oden was an Executive Vice President and Head of Operational Risk and Compliance within Corporate Risk at Wells Fargo & Co., managing second-line risk activities across information security, financial crimes risk, model risk, operational risk, regulatory compliance risk, and technology risk. Prior to this he was the Chief Market & Institutional Risk officer for Wells Fargo & Co.  View full Vitae.

Areas of Expertise:

Market, Credit and Counterparty Risk Operational Risk Risk Model Development and Validation

Risk Management and Compliance Portfolio Management Asset and Liability Management

Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise. 

Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury. Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition. 

Litigation Expertise

Trademark Damages Copyright Damages Patent Damages

Publicity Rights Damages Defamation Damages Internet and Social Media Damages

Areas of Analyses Expertise

Lost Profits Relief from Royalty Reasonable Royalty

Unjust Enrichment Relief from Pay Per Click Corrective Advertising

Past Law Firm Clients

Akin Gump Strauss Hauer & Feld Gordon & Rees Higgs Fletcher & Mack Latham & Watkins Pillsbury Winthrop Shaw Pittman

Dorsey & Whitney Greenberg Traurig Husch Blackwell McGuireWoods Winston & Strawn

Doug Bania, CLP, Founding Principal, has over a twelve years of expertise in managing, valuing and monetizing intellectual property and intangible assets. Mr. Bania has been a named expert in over thirty (30) cases, has been deposed seven (7) times and has testified at trial four (4) times. Mr. Bania was recently called upon to testify in the Pharrell Williams, et al. v. Bridgeport Music, Inc., et al., case as the Plaintiffs’ and Counter-Defendants’ Copyright Apportionment Expert testifying in the area of Damages and Apportionment. Mr. Bania’s industry experience ranges from apparel to automotive and publishing to music. Prior to founding Nevium, Doug Bania managed 100s of projects related to brands, intellectual property and the related intangible assets. He has assisted clients in intellectual property matters related to acquisitions, litigation, bankruptcy, tax, estate, family and marital disputes, and licensing.

 Brian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University. An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.

San Diego Office 415 Laurel Street, Suite 341 San Diego, CA 92101 Telephone: 858-255-4361 Email: info@nevium.com

Los Angeles Office 9107 Wilshire Blvd., Suite 450 Beverly Hills, CA 90210 Telephone: 310-975-3145 Email: info@nevium.com

View Nevium's Consulting Profile.

Tony Wayne, CPA, CFF, CVA, CIRA, is a Certified Public Accountant with over 25 years of private industry senior operations experience.

Background - After a diverse career spanning 15 years in Big 8 public accounting/consulting and private industry, Mr. Wayne founded IronHorse in 1998 with an emphasis on complex turnarounds and restructuring consulting, crisis management, advisory services, CFO services, and litigation support. IronHorse is an ideal solutions resource for the closely held, family owned middle, or small-market industrial firms in transition serving a six-state region including Nebraska, Iowa, Kansas, Missouri, Oklahoma and Arkansas. Visit their website at www.ihorsellc.com.

Litigation Support - Mr. Wayne is available to advise boards of directors, senior management, and corporate counsel in all litigation matters that can impact business practices, profitability, and continued viability. He maintains rigorous compliance with certifying and credentialing bodies and their regulations and scrutinizes the facts behind complicated forensic accounting and valuation issues.

He is a member of the American Bankruptcy Institute, including the Business Reorganization Committee and Fraud Task Force. In addition, he is a member of the American Institute of CPA’s, the Association of Insolvency & Restructuring Advisors, the National Association of Valuation Analysts, and the Turnaround Management Association,

Mr. Wayne's services include expert witness assistance (consulting and testifying), solvency opinions, rebuttal expertise, case assessment management, and services in other areas of dispute and pre-complaint, complaint, discovery, pre-trial, and settlement consulting.

Forensic Services Include:

• Fraud prevention, detection and response
• Financial Reporting Fraud and Irregularity Forensic Audits
• Electronic Evidence Analysis
• Preservation and Securitization
• Ponzi Scheme Analysis
• Asset Searches, Public Records Searches, and Related Party Search and Documentation
• Pink Sheet and Other Stock Scams
• Private Placement Fraud Analysis & Investigations
• Borrowing Base and other Bank Fraud Examinations/Investigations
• Criminal Investigations

Valuation Services Include:

Family Law Mergers and Acquisitions-Buy & Sell Side Advisory Estate Tax Returns E.S.O.P Valuations Disputes Buy / Sell Agreements Distressed Business Valuation Plan of Reorganization Valuation

Liquidation Plan Valuation Lost Profit and Damages Computations/Valuation Solvency Opinions Goodwill and Intangible Asset Fair Value Impairment Valuation Lender & Private Equity Due Diligence / Portfolio Valuations Exit, Succession, Wealth and Estate Planning Valumetric Modeling and Template Development

View Tony Wayne's Consulting Profile.

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.

Specific Litigation Expertise:

Damages Analysis and Expert Services Forensic Economics  Lost Profits Analysis Reasonable Royalty Analysis Unjust Enrichment

Loss of Personal Earnings Analysis of Anticompetitive Behavior     Fair Market Price or Value Closely Held Securities Evaluation Business Evaluations

View Econalysis® Consulting's Consultant Profile.

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 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

View DMA Economics' Consulting Profile.

Corporate Sciences, Inc. (CSI) is a highly regarded Economic Consulting Firm providing financial services to corporations, law firms, and government agencies. CSI professionals have served some of the world’s largest multinational corporations and law firms. Many of their team members hold advanced academic degrees and specialized credentials with extensive consulting experience in all the areas they provide service.

Litigation Support - CSI has been assisting law firms and their clients in all aspects of litigation requiring Economic Accounting or Financial Expertise for over 40 years. Services are provided as consultants, testifying experts, arbitrators, and mediators. CSI professionals understand the complexity in the many stages of litigation including discovery, liability assessment, damage calculations, expert testimony, and critique of opposing expert opinions.

CSI professionals have been through hundreds of engagements appearing in many venues including trials, ADR proceedings, and regulatory hearings. Their testimonial work is supported by state-of-the-art research, analysis and pragmatic business insight. CSI professionals are widely regarded for their ability to convey results of complex analysis and opinions in easy-to-understand language and demonstrative exhibits. Many of their cases have been large and complex often running into hundreds of millions and billions of dollars at stake.

Areas of Expertise:

Real Estate Construction Intellectual Property Insurance Securities Fraud Banking Forensic Accounting Mergers and Acquisitions Valuation/Appraisal Real Property

Breach of Contract Damages Antitrust Healthcare Bankruptcy Environmental Labor and Employment Financial Institutions General Commercial Disputes Design & Conduct Market Opinion Surveys Valuation/Appraisal Business Entities

CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:

Patents & Technology Trademark & Corporate Brand Assets Sports & Events Licensing

Celebrities & Publicity Rights Copyrights, Media & Entertainment Assets Estate & Tax-Related Issues

Weston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

Jeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

View CONSOR's Consulting Profile.

Peter J. Bondy FSA, MAAA, has more than 45 years of experience as an Actuary and a Financial Services Professional. He has served as a corporate executive, as a corporate director, and as a consultant domestically and internationally. Mr. Bondy has extensive experience with insurance company and reinsurer matters and practices ranging from basic business practices to matters involving financial projections and valuations as well as sales practices. He has served on corporate boards and brings a broad understanding of the issues involved. A published author, Mr. Bondy has delivered lectures and spoken frequently around the country. He is fluent in English and Spanish, his first language.

Litigation Support - Having had experience with many complex projects throughout his career, Mr. Bondy is able to serve as an expert consultant or as an expert witness for complex matters and issues regarding annuities, insurance, reinsurance, emerging mortality, experience issues, and corporate matters. He provides a broad range of litigation support services to attorneys representing both plaintiff and defendant.

Areas of Expertise

• Actuary / Actuarial
• Reinsurance
• Economic Loss
• Joint Marital Property
• Valuation of Streams of Contingent Future Payments
• Usufruct Arrangements
• Private Annuities
• Insurance : Life / Health / Annuities / Disability
• Life Settlements / Structured Settlement Annuities
• Appraisal and Performance Evaluation of: Life Insurance / Life Settlement Transactions / Annuity Benefits / Retirement Benefits