Douglas E. Johnston, Jr., is an expert witness in banking and corporate finance. He has 30 years experience across the US in senior management of leading Banking, Private Equity/Mergers and Acquisitions and Real Estate companies.
Trained at a major AAA-rated East Coast bank, honored early in his career as a bank President, and confirmed by regulators in a Class 1 rated bank, Doug Johnston managed five full-service banking offices in Texas and California over 11 additional years, before expanding into mergers & acquisitions as EVP-Finance and Administration and a Founding Father of the largest private company in Los Angeles. He has due diligence, negotiation, documentation, and monitoring experience including as a lender, borrower, buyer, seller, manager and/or co-investor in hundreds of transactions including the service, technology, manufacturing, and real estate sectors across the US and also in Europe, with over $2 Billion in closed transactions. His over 3 decades in banking and finance management includes Bank Operations, Regulations, Credit Underwriting, Financial Statements, Commitments, Loan Agreements, Deeds, Guarantees, Purchase and Sale Agreements, Ventures, and Equity Partnerships, plus analysis of the strengths and weaknesses of the parties. Doug is a published author on banking and finance topics since 2008, he is a past President of the Century City Rotary Club, and he is a frequent speaker to Advance Placement high school juniors in South Central Los Angeles under the Youth Business Alliance program.
Litigation Support – Five Management, LLC and Doug Johnston provide complex business litigation support in Banking, Mergers and Acquisitions, Private Equity, Due Diligence and Lender Liability for counsel representing Plaintiff and Defense. Mr. Johnston has provided litigation support in breach, misrepresentation, fraud and other actions in complex Business, Family and Employment cases since 2010.
Areas of Expertise:
- Banking & Lending
- Policy & Regulations
- Mergers & Acquisitions
- Corporate Finance
- Private Equity
- Due Diligence
- Operating Management
| Leveraged BuyoutsEquity SyndicationsInternational BusinessForeign CurrenciesHedgingCommoditiesMarketing & Development |
View Douglas Johnston's Consulting Profile.
A general contractor considering a major entitlement or other ADR claim against an owner often has both financial as well as relationship issues to consider before committing the company and its liquidity resources to pursuing new litigation. Knowing the financial options, including the availability of non-recourse litigation funding, can provide clarity and peace of mind in making the decision.
Experts in the emerging field of data analytics now provide attorneys with powerful new tools to transform and evaluate 'data dumps' exchanged during legal discovery. While many national-scope firms have developed in-house data analytics skills, regional and local firms now also have full access to third party state-of-the-art processing algorithms and optical scanning software that convert paper images to analyzable data. Over the past five years, refinements in data analytics techniques and document review software have moved to the forefront of litigation support to dramatically change the landscape of discovery. To improve case outcomes, outside experts in data analytics look to: 1) get more out of the available case data, 2) reduce human error and risk, and 3) save 30-70% (or more) in costs and time. Several examples below illustrate the case for advanced analytics.
Negative interest rates are a confusing topic and they may be heading to the U.S. this year. Many Americans ask what they mean and why this is all happening. Since 2014, leading European central banks have initiated 'negative interest' policies as an economic stimulus measure by means of large government-issued or sovereign bond activities. Negative rates begin where major buyers of low-risk government bonds agree to accept a return less than their original investment when the bonds mature. Since Government bond rates are the bellwether for corporate bond rates, these once-improbable 'negative interest' bonds soon become a major influence in major bank bond portfolios. The Federal Reserve and U.S. banks are now looking at them.
While financial market observers in the US remain focused on the timing and magnitude of the Fed raising target interest rates over the months ahead, European bond markets have begun to experience just the opposite - the never-before-seen phenomenon of actual negative bond market interest rates. Since the Global Crisis of 2008, which saw both the Fed and foreign central bankers seeking both to calm markets and to encourage growth by reducing rates to the 'zero bound,' interest rates for bellwether German bonds and across Europe in late 2014 crossed into negative territory, and for the first time in world history.
As billionaire Warren Buffet once noted, "Price is what you pay. Value is what you get." Interested buyers, investors and bankers looking at new initiatives with companies often share similar objectives in 'kicking the tires' to be sure a target company has properly documented its business activities. On the other side of the transaction, the subject company's Founder, Board of Directors, CEO, Chief Financial Officer, Chief Operating Officer, Accounting and/or other departments can find themselves overwhelmed by the volume of documentation requests. Third parties can test the bounds of both courtesy and reasonableness before committing to and funding a new transaction.
The emergence of structured finance products over twenty-five years ago enabled major commercial banks and investment houses to develop higher volumes of real estate, credit cards, automobiles and other asset-based loans in new and often more profitable ways. Historically, lenders normally generated these types of loans as portfolio loans, where the bank kept and monitored these loans on its own balance sheet and at its own risk. But beginning in the late 1980's, banks began to investigate taking an intermediary or conduit role for certain types of loan portfolios. When generating loans which met the advance underwriting criteria of large investors, banks and loan originators recognized they could simultaneously generate large fees and also promptly move these 'tailored' loan portfolios off the bank's books, by pre-packaging them for investor third parties.
"When it happens to you, you'll know it's true." Old Proverb A financial expert witness experienced in the due diligence process and in complex business negotiations can help unlock the valuation issues at the core of many business disputes. Merger and acquisition-related lawsuits can become an exercise in piecing together both the timing and materiality of various communications by representatives from both parties. Analysis of the specific due diligence activities undertaken and the data exchanged can yield key answers. With a full understanding of the processes and communications developed in due diligence and underwriting, business disputes can be more readily resolved.
Several important economic factors appear to be moving unfavorably for the US at the moment, both domestically and abroad, and there are increasing indications that America may not be able to orchestrate a global resurgence on its own. Despite encouraging signs of domestic recovery, fundamental structural problems persist in the US economy. The National Debt now exceeds $18 Trillion, the Department of Agriculture confirms that well over 46 million Americans continue on food stamps, and key voices have stepped forward asking for a deeper look at several U.S. economic statistics. Last week long-time Gallup CEO Jim Clinton very boldly drew attention to the government's recent 5.6% unemployment numbers, questioning them as overly optimistic interpretations of data, and noting on CNBC that the percentage of Americans holding full-time jobs is now the lowest in 60 years.
With the Federal Reserve's wide-ranging efforts to address the ongoing Credit Crisis through unprecedented money-creation activities, we are now likely witnessing the final phases of the U.S. Dollar's 64-year reign as the primary global reserve currency. Few Americans understand the implications of this dramatically unfolding global sea-change.
The global monetary system which was laid out by the Allied nations at Bretton Woods, New Hampshire, in 1944 is nearing its end, and daily we move closer to the threshold of a financial new world order. The United States, having created the most powerful economic system yet devised by man, and having earned global 'reserve currency status' for the US Dollar through America's unequalled military and economic power as the victor of two World Wars, is now nearing the unthinkable loss of the global financial dominance of the Dollar. Following the residential real estate 'Bubble' of 2002-2006, the sub-prime Credit Crisis of 2007, and the broader global financial meltdown which has followed, the U.S. has experienced dramatically declining levels of core lending & general economic activity.
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. 
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 financial transactions and lending transactions.
Mitchell M. Cohen, CPA, CFE, FCPA, CFLC, is a Certified Public Accountant (CPA), a Certified Fraud Examiner (CFE) a Forensic Certified Public Accountant (FCPA) and a Certified Forensic Litigation Consultant (CFLC) with over 27 years of accounting and tax experience.
Nancy A. Geary, CPA, CLP, is both a Certified Public Accountant and a Certified Lease Professional. Ms. Geary has been with ECS Financial Services, Inc., a regional CPA firm, since 1984, and a Partner with the firm since 1990. Among other responsibilities, she manages the firm’s Leasing Services Department. Ms. Geary is proficient in various software packages specifically designed for the Equipment Leasing Industry.
Samuel N. Oliva, CPA, CMA, CLP, has served as Managing Partner of ECS Financial Services, Inc. since 1982. Concurrently, Mr. Oliva has served as CEO of Beacon Funding Corporation, a successful equipment leasing company, since 1990.
Kelly T. Hickel, Co-founder at EWCS, is a Financial and Business Advisor who has served as a senior executive for over 30 years. Mr. Hickel has many years of experience in the technology industry and with turnarounds of troubled companies. Throughout his career, he has arranged numerous private and public company financings and financial restructurings and has raised and/or returned over a $1 billion to investors and lenders. Mr. Hickel served as Turn-around President to Miniscribe Corp., a troubled Fortune 500, $600 million annual revenue disk drive manufacturer, and President of the Maxwell Technology Information Systems Group from 1993 until 1997, during which, Maxwell was the 9th best performing stock on NASDAQ and the #1 performing stock in California in 1996. As Chairman and Chief Restructuring Office of The Tyree Company in Farmingdale, New York, Mr. Hickel was responsible for running the largest oil downstream services company in the northeast. With all of his experience, he then founded and managed emerging Pharmaceutical companies, taking a product through FDA approval for a supplement through distribution in over 2000 retail pharmacy outlets. 
ins, ASA BV/IA, MAFF, CEP, is the Managing Director and heads the valuation, litigation, and advisory services practices at Teknos. He has worked in Silicon Valley for more than 35 years, as a Valuation expert, a Venture Capitalist, and an Investment Banker. Mr. Timmins has overseen 1,000s of valuations, fairness opinions, and solvency opinions in connection with financial reporting, tax compliance, merger and acquisition transactions, financings, spin-offs, and recapitalizations, and litigation. He has also participated in numerous merger and acquisition transactions, private placements, and public offerings during his career. Prior to forming Teknos, Mr. Timmins was a Managing Director at Pagemill Partners, where he created and managed the valuation practice. Before that he was the Managing Director of the Silicon Valley office of NIF Ventures (the venture capital arm of Daiwa Securities SMBC of Japan), and a General Partner of Glenwood Ventures and Glenwood Capital. Earlier in his career, he held positions in investment banking at Hambrecht & Quist and Salomon Brothers. Mr. Timmins has served as an expert witness for more than 60 cases involving valuation, fiduciary duty, and venture capital practice. He has been retained as an expert by both plaintiffs and defendants.
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.
