Mergers & Acquisitions Expert Witnesses: 25

Education:

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

Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:

• Mergers & Acquisitions
• Leveraged Buyouts and Recapitalizations
• Fairness Opinions and Fairness Issues
• Adequacy Opinions
• Solvency Opinions
• Bankruptcy issues, including fraudulent conveyance
• Valuations
• Advice to Special Committees of Boards
• Due Diligence and Disclosure Issues
• Fiduciary Issues
• Damage issues and analysis
• Lender Liability
• Fee issues
• Document Interpretation and Standards from investment banking point of views
• Criminal cases involving alleged securities violations and insider trading
• Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
• Venture Capital
• Leasing and Real Estate Financing

Background: Mr. Purcell was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. He also has served as interim CEO of a public company and has served on Boards of Directors. Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

 View Consulting Profile.

MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. 

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics. 

Areas of Expertise Include:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling. 

Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers. Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:

• Financial Adviser to the Government – structuring projects, evaluating bids, and negotiating detail
• Financial Adviser to the Consortium – assembling the bid, refining and optimising it, and acting as interface with funding markets
• Acting for the Banks and other Lenders - providing reassurance that the model on which they are lending is fit for purpose.

Other Services Include

• Capital Markets: Reporting Accountants, Flotation e.g. advice on Financial Structuring, Accounting Systems and Policies, Share Option, Director / Employer Benefits, Audit and Taxation services
• Due Diligence: Historic Performance, Cash Flows, Assets and Liabilities, Forecasts, Working Capital Requirements, Financial Systems and Controls, Taxation
• Mergers and Acquisitions / Private Equity:Preparing / Maximise Value from Business Sales, Negotiate Terms and Raise Private Equity / Debt Finance to Support Management Buy Out or Buy In, Raising Private Equity / Debt Finance for Growth, Cash Out or Recapitalisation, etc.
• Valuations: Shares, Businesses, Options and Warrants, Various Derivatives, Brands and other Intellectual Property, Film and Media Rights,Income Producing Assets

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 Loan Underwriting Bank Operations Bank Compliance Federal and State Regulation Credit and Collection Practices

Bank Governance Lender Liability Loan Policy and Guidelines Loan and Credit Review Loan Workout 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.

View Brian Kelley's Consulting Profile.

Scott S. Miller, MBA, ASA, ABV, specializes in Business Valuation and Transaction Consulting for small to middle market companies. He has over 35 years of professional business experience that ranges from senior operations management with publicly-traded companies to handling all aspects of operations in small privately-held manufacturing and service businesses.

Along with an MBA from the University of Houston, Mr. Miller achieved the Accredited Senior Appraiser (ASA) designation from the American Society of Appraisers, the Accredited in Business Valuation (ABV) certification from the American Institute of Certified Public Accountants and has over 15 years of business / financial asset valuation and consulting experience. He is currently serving as Region 3 Governor for the American Society of Appraisers and is past President of the Houston Chapter for the ASA.

Prior to the formation of Convergent Capital Appraisers in 2007, Mr. Miller held positions with McClure, Schumacher & Associates, RR Donnelley Financial, several positions/locations with Bowne & Co., Inc., and Industrial Screenprint, Inc. 

Litigation Support - Mr. Miller provides expert witness services to attorneys for plaintiff and defense in need of appraisal services. His expertise is in business valuation of closely-held businesses and the appraisal of fractional interests of equity holders. His services include thorough review and reporting, depositions, and trial testimony as needed. 

Business valuation and appraisal services have been provided for a variety of purposes including, but not limited to:

Family Law Matters Shareholder / Equity Holder Litigation Buy-Sell Agreements

Buy-Sell Transactions Business Damages Estate and Gift Tax Matters

View Scott S. Miller's Consulting Profile.

Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management.

Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection. CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements.

Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy.

Services Offered:

Business and Strategic Consulting

S.W.O.T. Analysis

Pre-investment Feasibility Studies / Competitive Background Assessments

Business Plan Research, Writing and Production

Strategy Definition / Implementation

Reworking of Operating Processes for International Suitability

Industrial Partnership Scouting / Matching

Tailor Business Model to Market Environment, Jurisdiction and Local Authorities Requirements

Corporate Finance:

Mergers, Acquisitions and CessionsCommercial Due Diligence or Investment / Financial Appraisals

Company Reorganization and Restructuring

Financial Feasibility Plans for Industrial Expansion

Scouting / Recruiting Highly Qualified Financial Management

Exit Strategies in the event of Buy-outs, Buy-ins, Spin-offs or MBOs, MBIs and LBOs

Listing on Stock Exchanges

Offshore Consulting:

International Tax Planning

Corporate Structuring, Maintenance and Trusts

International Contracts Law

Jurisdictions

Residency and Citizenship

International Banking

Logistic Support

Government Licenses

Aircrafts and Vessels

Intellectual Property

CS&P Operates In More Than 80 Countries Around The World.

Danny F. Dukes and Associates, LLC is a Forensic Accounting Firm that specializes in expert witness and litigation support services. We have investigated fraud and various financial transactions. We are extremely knowledgeable in all aspects of laws pertaining to banks, financial transactions and lending transactions.

Our founder, Danny F. Dukes, has spent over 30 years in the financial institutions and mortgage industry. Danny understands all aspects of mortgage and financial institution transactions including policies and best practices.

As a consultant, he has assisted community banks with investment management, asset liability management, investment banking, compliance issues, internal audit, bank operations, bank policies, and generally accepted accounting principles. He has assisted in a capital raise for de-novo banks. He has also served as a lead on the selection of data processing solutions and transition teams for mergers and acquisitions. 

Assisted in over 30 cases

Areas of Expertise:

Bank Fraud & Embezzlement Bank Operations & Practices Cash Management Check Processing / Check 21 Check Kiting Deposit Accounts Electronic Transactions / ACH, ATMs Embezzlement

Loan Administration Money Laundering Payment Processing & Fraud Detection/Prevention Royalty Audits Damage Computation Claims Analysis Determination of Compliance Divorce

Kevin D. Hochman, Esq., is a dynamic and strategic automotive executive experienced and highly skilled in all areas of Dealership Operation and Management.  In 2002 he worked as an attorney for a dealership consultant company, providing comprehensive and practical legal and operations guidance to over 1,100 California dealerships. Some of those duties included, advertising review, compliance audits, custom training, and publications and interpretations of federal and state regulations (ASFA, Reg. M, TILA, etc.).

In 2007, Mr. Hochman went on to work his way up to the Director of Operations and General Counsel responsible for the day-to-day legal and business operations of one of the largest privately-owned multi-state dealer groups in the country, with as many as 20 rooftops, 2,000 employees and $3 billion dollars in annual revenue.  He is intimately familiar with every Dealership department and consistently interacted with managers, owners, vendors, lenders, manufacturers, insurers, and attorneys on all Dealership matters. 

Mr. Hochman provided proactive and comprehensive legal direction and training to dealer personnel on all areas.  He was responsible for drastically decreasing expenses and increasing operational efficiency using benchmarks and best practices improving dealership’s processes and profitability. 

Additionally, he is a licensed real estate broker and negotiated and managed a $600 million commercial real estate portfolio.  He has negotiated and/or has been an integral part of over 20 dealership buy/sells. 

He is currently a member of the California state bar, Association of Finance and Insurance Professionals (AFIP), a Director of the National Association of Dealer Counsel (NADC), and a member of the California New Car Dealers Association (CNCDA) Regulatory and Legal Affairs Board.  

Litigation Support: Mr. Hochman has provided Expert Witness, Consultation, and Case Analysis. He offers nation-wide services in litigation, arbitration and mediation.

Areas of Expertise:

Dealership Operations Industry Standards and Practices Franchise Relations Legal and Regulatory Compliance Sales and Leasing Finance & Insurance

Parts and Service Buy / Sells Labor and Employment Partnership and Shareholder Disputes Payplans and Financials Dealership Facility & Real Estate

View Dealer Advisory Group's Consulting Profile.

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:

• Antitrust - price fixing, exclusionary conduct, monopsony, unfair competition, Robinson-Patman
• Intellectual Property - SEP, FRAND, patents, trademark, irreparable harm
• Marketing - false advertising, product labeling
• General Damages - breach of contract, bankruptcy

Education/Training:

• PhD in Business Administration (Field: Economics), Stanford Graduate School of Business
• BS in Mathematics / Economics, University of California at Los Angeles, magna cum laude

View Dr. Forister's Consulting Profile.

One of the industry's leading law firm services experts, Michael J. Garibaldi, CPA, ABV, CFF, CGMA, has a strong background providing efficient and affordable solutions to the many complex issues facing the legal profession today.

A Certified Public Accountant licensed by the State of New York, Mr. Garibaldi is Accredited in Business Valuation (ABV), and Certified in Financial Forensics (CFF) by the American Institute of Certified Public Accountants (AICPA). He is recognized as a Chartered Global Management Accountant by the Association of International Certified Professional Accountants.

Mr. Garibaldi works closely with law firms and other professional service firms, manufacturing, wholesale/retail, medical, technology, restaurant/hospitality, artists and galleries, construction, and real estate clients where he is responsible for providing accounting, tax planning management consulting services, and financial reporting.

Mr. Garibaldi provides valuation and litigation support services, assisting attorneys and their clients with the financial aspects of a case throughout the litigation process, from contemplation of action through expert witness testimony. He brings an in-depth understanding of the business and technical aspects of valuation, finance and accounting that is required in complex litigation and arbitration cases.

Mr. Garibaldi qualifies as an expert in valuation matters in the Supreme Courts of New York, Nassau, Suffolk, Kings, Richmond, Monmouth, Orange, and Westchester Counties, and has been called upon by the courts to serve as a neutral Expert. As an instructor of the AICPA Certificate of Educational Achievement Program in Business Valuation, Mr. Garibaldi teaches his specialty to other professionals.

Michael Garibaldi is a Candidate Member of the American Society of Appraisers (ASA), Member of the Institute of Business Appraisers (IBA), the Association of Certified Fraud Examiners, the American Society of Appraisers (ASA), the AICPA and the NYSSCPA. He is a past President and former member of the Board of Directors of the NYSSCPA Nassau Chapter, and has held a variety of positions on the Litigation Support Committee of the Nassau County and State Chapters of the NYSSCPA. Mr. Garibaldi has also held a number of positions on other committees and sub-committees within these organizations.

Areas of Expertise:

Auditing Bankruptcy Business Business Law Business Valuation Lost Profits Mergers & Acquisitions Finance

Forensic Accounting Fraud Investigation, Embezzlement Personal Property Valuation Real Estate Valuation Trusts & Estates White Collar Crime Dissolutions Wrongful Death, Termination

View Michael J. Garibaldi's Consulting Profile.

Beat K. Schlumpf is an Expert in European Supply Chain Management, Networks and Logistics. He has over 30 years of experience in supply chain execution. Mr. Schlumpf has extensive knowledge in a broad range of management assignments with a focus on facilities design, worldwide distribution network design, expansion and consolidation and warehousing for textile, machinery, postal services (mail, parcel, express) and transportation industries.

He has acted as an Expert at the UNCTAD and was featured speaker on practices and operation used by global freight logistics firms for the World Trade Organization (WTO) and lecturer for distribution logistics.

Mr. Schlumpf has published articles on outsourcing, one stop shopping and co-operation with forwarders and integrators and new inventing Operations Audit to increase efficency.

Robert Bates, CPA, CFE, CVA, has over 25 years of Financial Management and Accounting experience as a Controller and CFO in various industries. He has been in several industries, including telecom, media, retail and financial services in addition to having consulting experience at startups in the software, technology, and life sciences fields.

Mr. Bates specializes in International Accounting, Software Issues, and Obtaining Financing. The CFO of a public company, he has completed due diligence accounting/reporting for 12 acquisitions, including performing Business Valuations and dealing with FAS 142 issues. Mr. Bates has handled accounting for complex debt instruments including warrants, beneficial conversion feature, and other derivative issues. He has also been responsible for SEC reporting: 10Q’s and 10K’s.

Litigation Support - Robert Bates has worked with dozens of lawyers on over 50 cases in various states. Sometimes he provides financial support for a client in litigation, or pre-litigation, and other times he provides a report, such as a damages calculation, which can be used in litigation. He also has experience providing testimony in depositions and trials.

Legal Services:

• Unbiased Case Analysis
• Discovery Review & Recommendations
• High-Impact Demonstrative Exhibits
• Strategy and Tactics Conferences
• Damage Calculations
• Cash Flow Analysis Reports
• Profit and Loss Analysis

View Robert Bates' 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.

Philip T. Tringale, PhD, PE is a registered Professional Civil Engineer with over 25 years of Environmental Consulting experience. His site and redevelopment projects include commercial and industrial facilities, landfills, and cases requiring technical support for litigation. Dr. Tringale has directed numerous site assessments and remediation programs involving soil and groundwater contaminated primarily by organic solvents, metals, and petroleum products. He has particular expertise in site characterization and in the use of in-situ testing to evaluate soil properties. Dr. Tringale has provided final design for remedial actions that involve excavation, containment, bioremediation, vacuum extraction, monitoring, and groundwater treatment.

Dr. Tringale has been providing litigation support services to the legal industry for over 20 years. He is available to attorneys for Plaintiff and Defense. Dr. Tringale has been retained approximately 15 times and has provided expert testimony in support of counsel for cases involving:

• National Contingency Plan Compliance
• Identification of Contaminant Sources
• Magnitude and Extent of Contamination
• Remedial Cost Estimates
• Allocation of Cost and Responsibility

View Philip Tringale's Consulting Profile.

James P. Langley is an independent Energy Consultant with over 45 years of experience in his field. His practice focuses on business analysis related to Refining, Transportation, and other facets of the Downstream Industry. Mr. Langley holds a BA in Chemical Engineering and an MA in Business, with emphasis in marketing and finance. He has worked extensively on the international scene, traveling to over 40 countries 

Background Experience: Building on hard core plant operations, Mr. Langley's career moved into operations planning and strategic analysis. The money side of the industry analysis led into mergers and acquisitions, CFO of a specialty refining and chemical company, and, for many years, the industry subject matter expert for the financial services firm PricewaterhouseCoopers. In that role, Mr. Langley traveled the world to guide PwC consultants and auditors in the nuance of the petroleum industry. Critical in that assignment was bridging knowledge between functional expertise in many areas, including litigation and arbitration support.

Later, Mr. Langley provided engineering, operations, and maintenance knowledge to the benchmarking of natural gas pipelines and processing facilities in Europe, Asia, the Middle East, South America, and Africa.

Litigation Support: Jim Langley has worked and consulted in almost every aspect of the downstream industry, and can explain past and current practices. He has worked in operations, supply and trading, marketing, finance, accounting, and taxation.

Mr. Langley has been successful in helping attorneys quickly understand the commercial, technical, operational, and broad business practices of their clients' industry. He provides a detailed analysis of strengths and weaknesses of the opposition's position, and includes suggested interrogatories. In written reports, he offers insights that clarify underlying issues in the dispute, and quantify the economic impact on clients. In deposition and testimony, Mr. Langley explains these issues in a way that is easily understood by the judge or jury.

He has spoken on industry issues on several occasions and taught an annual symposium course for 18 years at UT Dallas to international oil company finance and accounting executives.

Case Examples:

Crude Royalties Pipeline Throughput Maximization Pipeline Losses in Transit Valuations Based on Projected Event

Energy Trading Investigations Refining Business Valuation Refinery Lost Profits Suitable Fuel Availability