Expert witness testimony for complex litigation involving damage analyses of lost profits, reasonable royalties, lost earnings, and lost value of business, forensic accounting, fraud investigation, investigative analysis of liability, marital dissolution, and tax planning and preparation. Excellent communicators with extensive testimony experience. Prior Big Four accountants. Specialties include: accounting, antitrust, breach of contract, business interruption, business dissolution, construction defects, delays and cost overruns, fraud investigation, asset tracing, intellectual property including patent, trademark and copyright infringement and trade secrets, malpractice, marital dissolution, personal injury and employment litigation, product liability, real estate, securities, spousal support, taxation, unfair advertising, unfair competition, valuation of businesses, and wrongful termination.
Business Litigation and Valuation Barbara Luna, PhD, CPA, CFE, ASA, CVA, ABV, CGREA, CCRA, CREA Dean Atkinson, CPA, CFE, ABV, CAC, CFF John Luna, JD/MBA, CPA, ABV, CFF David Turner, CPA, ABV, CFF Drew Hunt, MBA, CPA, ASA
Personal Injury / Employment Litigation Barbara Luna, PhD, CPA, CFE, ASA, CVA, ABV, CGREA, CCRA, CREA Venita McMorris, MA
Dr. Barbara Luna is the partner in charge of the commercial litigation department of White Zuckerman. She has been providing Forensic Accounting, Economic Damages, Valuation, and Expert Witness Services for the past 30 years and has testified in court over 450 times. She has a PhD in Applied Mathematics from Harvard University with application to Physics and Finance and a BA in Physics from Wellesley College. Barbara is a Certified Public Accountant, a Certified Fraud Examiner, an Accredited Senior Appraiser in Business Valuation, a Certified Valuation Analyst, Accredited in Business Valuation, a Certified General Real Estate Appraiser, and a Certified Financial Forensic. She previously was a partner with Coopers & Lybrand and has taught working capital management, business finance, forensic accounting and intermediate accounting at UCLA Graduate School of Management, California State University at Northridge and Pepperdine University.
Dean Atkinson is a partner in the commercial litigation practice of White Zuckerman. He has testified as an expert witness in Commercial Litigation and Family Law Matters and has been involved in Resolution and Settlement Negotiations since 1987. He holds credentials from the AICPA as a Certified Public Accountant, Accredited in Business Valuation and Certified Financial Forensics and from the Association of Certified Fraud Examiners. Dean is experienced and has qualified as an expert in business valuation, business litigation and family law matters.
John Luna is a partner in the commercial litigation practice of White Zuckerman. He analyzes Financial, Accounting, Economic Damages, Business, Real Estate and Valuation issues and testifies as an expert witness on his findings. He has been an investment banker with Macquarie Capital, GCA Savian and Lazard. John has a JD from UCLA School of Law (Order of the Coif), an MBA from UCLA Anderson School of Management (Edward W. Carter Fellow), and an AB in Engineering Sciences from Harvard University. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Financial Forensic and a member of the California Bar.
Venita McMorris is a partner and an Economist in the Personal Injury and Employment practice of White Zuckerman. She has been providing economic damages and expert witness services for over 20 years and has testified extensively in court. She has a Master of Arts degree in Economics from California State University, Fullerton and a Bachelor of Arts degree from San Diego State University. She previously was a manager with Coopers & Lybrand and an economist with a medical malpractice trust in Southern California. Venita has taught macroeconomics and microeconomics to college students at Pasadena City College as a full-time tenured instructor and at Glendale Community College as a part-time instructor.
Los Angeles 15490 Ventura Boulevard, Suite 300 Sherman Oaks, CA 91403 Phone: (866) 981-4266 or (818) 981-4226 Fax: (818) 981-4278 Email: firstname.lastname@example.org Website: www.wzwlh.com
Paul Chandler, MAI, has over 30 years of experience as an MAI Designated Real Estate Appraiser and CEO of Property Sciences, a national Residential and Commercial real estate appraisal company.
Both the company's residential and commercial divisions continually benefit from Mr. Chandler's background in valuation, appraisal, lender-platform technology development, and online and print media. Prior to forming Property Sciences, he was Senior Vice President of Corinthian Real Estate, where he provided financial institutions with market analysis, branching strategy and site acquisition consulting.
Litigation Support - Mr. Chandler has extensive experience presenting and defending its expert conclusions and opinions in depositions and trial testimony. He offers support from early case assessment and discovery through final resolution, relying on real-world strategic and operational experience, strong academic and professional credentials, and extensive practical knowledge of real estate customs and practices, and damages analysis.
Areas of Expertise:
Market Resistance / Stigma Damages for:
Contamination / External Detriments
Advice and objective analyses leading to an improved understanding of the issues involved in a case and supply expert testimony about critical issues in the litigation
Testimony concerning industry standards, customs and practices in order to evaluate the legal liability of the parties
Forensics analysis to ascertain the facts and determine the historic context of the disputed issues
Computation of economic effects to provide a court with an objective measure of value and damages, if any
Advice to counsel including the evaluation of the arguments of opposing experts, assisting with the development of lines of questioning or specific questions for use in expert or percipient witness depositions and serving as real-time advisors to counsel to evaluate the responses of deponents during live deposition testimony
Trial support services, including jury consulting, graphic design of courtroom visuals and technology support
John A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in New York, NY; Miami, FL; and Charlotte, NC. He has over 45 years experience in providing Real Estate Valuations totaling in excess of $10 Billion in real estate asset value, and in providinglitigation and arbitration support, and expert witness services, Real Estate Development consulting, Counseling and brokerage services - performed in 26 states to date.
My specific areas of expertise include litigation related to real estate diminution of value damages - due to environmental stigma or other external forces, air rights / TDR’s, full and partial interests' appraisals, real estate development / EB-5 market and feasibility studies, and acquisition / disposition due diligence. I am experienced in providing transactional counseling, litigation / arbitration support & expert witness testimony, forensic appraisals and valuation advisory services, particularly on specialized or complex urban transactions, and also, in Real Estate Broker Fiduciary Duties & Standards of Care, and Appraiser Malpractice / USPAP issues.
I have completed countless valuations over 45+ years’ - encompassing major Manhattan hotels and office buildings, valuations of major urban hotels, resorts and hospitality properties including timeshares, allocation of tangible and intangible [business value] assets, fractional interest appraisals, valuations and alternative use studies, valuation of ski resorts, indoor waterparks, adventure centers / entertainment venues and valuation of correctional facilities. I have performed more than 100 distressed asset valuations for the FDIC, as well as complex litigation support such as in the Chinese Drywall test case in New Orleans.
Real Estate Damages
Acquisitions & Dispositions
Full and Partial Interests' Appraisals
Hotel Valuations, Timeshares
Real Estate Development Counseling
Real Estate Broker Standards of Care
EB-5 Feasibility Studies
Diminution of Value related to Stigma
Appraiser Malpractice / USPAP Violations
Tax Appeal Asset Allocation
Air Rights / Transfer of Development Rights (TDRs)
Richard Singer is the leading expert in Golf Facility Operations, Transactions and Valuation Consulting. He has been qualified as an expert witness in cases involving golf course transactions, valuations, liability, economic potential, usual and customary practices and business plan preparation.
Mr. Singer has been the Director of Consulting Services for the National Golf Foundation (NGF) since 1997, and now has a total of 26 years of golf facility consulting experience. He first joined the NGF consulting staff in 1989 as a project analyst after completing his Finance MBA at the University of Florida. Mr. Singer has successfully managed the NGF’s well-known golf consulting practice with an industry-respected track record of success and a reputation for delivering projects on time and on budget.
Mr. Singer’s consulting services for alternative golf facilities have included both new development and operational reviews for driving ranges, putting courses, miniature golf courses, golf learning centers, executive / par-3 courses, and various combinations with other facilities. He co-authored the NGF publication How to Plan, Build and Operate a Successful Golf Range.
Maurice Robinson, ISHC, CRE, ASA, is an expert in the field of hotel and resort consulting. He has been facilitating the development and redevelopment of high-end, full-service hotels and resorts for over 30 years.
Additionally, Mr. Robinson has been providing litigation support services, strategic advisory services, hotel repositioning, market feasibility studies, and appraising hotels and other hospitality-related real estate. His expertise includes advising clients on development planning, deal structuring and financial issues, dispute resolution, workouts, and expert witness testimony related to hotel and resort development and investment.
Qualified Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:
Recently, we were engaged by the National Park Service (NPS) to appraise the structures and other improvements that have been constructed by commercial vendors or "concessionaires" operating hotels, restaurants and other hospitality services in National Parks.
Joe Carlen, MBA, MISM, CVA, is a Certified Valuation Analyst with over 20 years of Business Analysis experience. He offers a strong combination of intellectual property, valuation, business and technology knowledge coupled with strong analytical and writing skills. Collectively, these translate to well-written and well-reasoned valuation reports and expert witness testimony.
Litigation Support - Mr. Carlen has been hired and prepared reports for cases pertaining to business valuation, patent valuation, and both patent infringement and trademark infringement matters. These have spanned multiple industries -- from high-tech to pharmaceuticals and alternative energy to less technology-intensive industries like hospitality, pet supplies, textiles, etc.
As a non-attorney associate of the national patent law firm Russ Weinzimmer & Associates, P.C. since 2006, Mr. Carlen brings his extensive experience with patents, trademarks, and copyrights to his expert witness work. Over the years, Mr. Carlen has completed over 200 market assessments and valuation reports for patents, trademarks and copyrights of almost every industry. He has also assisted in the preparation of some patent applications. There are relatively few valuation and damages experts with a comparable level of experience with intellectual property.
Mr. Carlen, the author of a comprehensive biography of valuation guru Benjamin Graham, brings his strong financial analysis and valuation skills to bear on all projects. He has been a Certified Valuation Analyst (CVA), in good standing with the National Association of Certified Valuators and Analysts, since 2014. Mr. Carlen earned an MBA from the University of Pittsburgh and an MISM (Information Systems) Master’s degree from Carnegie Mellon University.
A published author of multiple business books, Mr. Carlen has also contributed finance-related articles to CNBC, ValueWalk, Bloomberg and other financial media outlets. As multiple attorneys have noted, Mr. Carlen's reports are always well-written and thoroughly researched. He has also spoken at Columbia University, the University of California, Fordham University, The Museum of American Finance and other prestigious venues, organizations, corporations and conferences. He is an experienced and confident speaker who presents well in court.
This book charts how the pursuit of profit by private individuals has been a prime mover in revolutionizing civilization. Consulting rich archival sources, including some that have never before been translated, Carlen maps the course of human history through nine episodes when entrepreneurship reshaped our world. The author also discusses the new entrepreneurs who, through the nascent space tourism industry, are leading humanity to a multiplanetary future. Altogether, Carlen brings much-needed detail to the role of entrepreneurship in shaping history.
Warren Buffett-widely considered the most successful investor of all time-has repeatedly acknowledged Benjamin Graham, the “father of value investing”, as the primary influence on his investment approach. Indeed, there is a direct line between Buffett’s record-shattering investing performance and Graham's investing system that revolves around ascertaining the true business value (aka “intrinsic value”) of publicly-traded companies. The author distills the best from Graham's extensive published works and draws from personal interviews he conducted with Warren Buffett and many other top investors, as well as Graham's surviving children and friends. Carlen's book integrates Graham's eventful life with his proven techniques for generating wealth.
Jay Hibert was in the Commercial Banking Industry for over 35 years before leaving to form his own company, a real estate lending and consulting company. The company provides services to banks, non-banks, and individuals in need of creative financing solutions. Still an ACTIVE lender in the industry, Jay stays updated on current customs and practices annd has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. His extensive credit background arms him with the understanding of how banks and other lenders operate internally.
Litigation Experience - Mr. Hibert has been providing expert witness and consulting services since 2010. He has been designated over 130 times as an expert in 16 different states concerning matters relating to commercial lending, real estate, construction finance, SBA loans, brokerage, hard money loan expert and investment issues. His experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony.
Jay is a licensed Real Estate Broker (CalBRE #01523) and for 10 years his company was a California Finance Lender and Broker through the California Department of Business Oversight. He is experienced in trial and deposition testimony and his services are available to counsel representing both Plaintiff and Defense.
Key areas of expertise in litigation work include:
SBA Real Estate Loans
Hard Money Loans
Lending Policies, Custom and Practice/Lender Liability
Broker Standards of Care and Fiduciary Responsibility
Loan Underwriting and Credit Administration
Loan Process and Bank Loan Restructure/Workout Process
Note Valuations/Collateral Review
Litigation and Discovery Consulting
Expert reports adherent to Federal Rule 26
Hard Money Lending
Loan Syndication/Secondary Market Loan Sales
Title Insurance Cases
Private Money Lending
*****Experienced in trial and deposition testimony*****
Roy Theophilus Bent, Jr. is a well known and respected expert and consultant in the automotive industry. An IACP Certified Auto Appraiser, Expert Witness, and Field Inspector, Mr. Bent is the seated President of the Bureau of Certified Auto Appraisers, a National Professional Appraisal Credentialing Organization that has trained, tested, and certified over 2,400 students under his leadership in the practices of IACP Certified Auto Appraisals and Litigation assistance. Mr. Bent holds numerous licenses and credentials as an ASE Certified Mechanic, I-Car Collision Specialist, Licensed Auto Appraiser, Insurance Adjuster, Umpire, Mediator, Arbitrator, Classic Car Judge, and Vintage Car Historian.
KPRC 2 Houston News Interview with Roy Bent on Diminished Value
Litigation Support - Mr. Bent is retained by counsel to provide IACP Certified Third Party Appraisals for most auto related lawsuits. He serves law firms whose clients are involved with dissolution, probate, bankruptcy, and diminution of value, and automobile accidents. Mr. Bent is a contributing author in several peer reviewed journals in auto accident expert witness related theories, case studies, and reports which are used exclusively by other expert witnesses in the field. His services include deposition, arbitration, mediation, and trial testimony when necessary.
Appraisals for Law Enforcement Agencies - Roy Theophilus Bent, Jr., IACP Certified Auto Appraiser & Expert Witness, is regulary retained by the United States Department of Justice (DOJ), Federal Bureau of Investigations (FBI), U.S. Marshals Service, U.S. Drug Enforcement Agency (DEA), Internal Revenue Service (IRS), U.S. Attorney General (AG), U.S. Customs and Border Protection, U.S. Office of Inspector General, and varios Police Departments resumting in criminal convictions and/or exonerations of Defendants for: White-Collar Crimes, Vehicular Homicide Crimes, & Felony Drug Crimes resulting in Federal Criminal Forfeitures, Civil Judicial Forfeitures, Administrative Forfeitures & Seizures.
Michael B. Vaughn, through his company, Golden Age Advisory, provides analysis and testimony as an Expert Witness with extensive experience in Finance and Valuation of Real Estate and Mortgages, especially in Senior Housing.
Mr. Vaughn's background as Director of HUD’s 232 FHA insurance program, and years in senior positions in mortgage banking and government, give him unique credibility and expertise. Until January 2018, he was senior vice president, and originator of FHA and bridge loans for assisted living, skilled nursing, and other healthcare facilities for Walker & Dunlop, one of the largest commercial mortgage banking firms.
Mr. Vaughn originated or obtained portfolio approvals for over $1 billion in HUD, Fannie Mae, Freddie Mac, and proprietary bridge loans on Seniors, Healthcare and Multifamily loans in his career. He represented W&D and sourced new business relationships at numerous industry functions and successfully publicized W&D through quotes and articles in the Wall Street Journal, and senior housing industry publications.
Litigation Support - Mr. Vaughn is able to provide convincing analysis and testimony related to complicated financial cases in a way that is understandable to an average non-professional. Mr. Vaughn's experience testifying in both Federal and State Supreme Court trials.
Areas of Expertise:
Skilled Nursing Facilities
Continuing Care Retirement Communities
HUD FHA Multifamily
Public and Section 8 Housing Finance
CMBS / Bank and other Lender Financing
Operating Business Valuation
GSA Real Estate Procurement
Loss of Income
Valuation of Leaseholds
Valuation of Contracts
Financial and Document Analysis
Assistance in Deposition and Cross-examination of Opposing Witnesses
John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos. Mr. Minor has worked in construction and contracting dispute resolution throughout the Southeast for over 17 years. He has been involved in the successful discharge of 150+ million dollars as an expert witness in property claim lawsuits and disputes. He is retained by both the plaintiff and defense for a fair appraisal of the issues at hand. Mr. Minor works with attorneys to generate a plan based on damages to property and in compliance with the provisions and spirit of the insurance policies in effect at the time of the loss. For personal injury cases, he works to establish the code requirements in place at times of the injury to find how they relate to the cause of action. Areas of Expertise:
With sea levels rising by some reports and inch a decade and the prediction of stronger hurricanes todays aging building stock is at risk. In addition for new construction we must learn from the past. The proliferation of coastal development begs for consistent and sustainable construction techniques.
Rick Rivera is a Southern California Commercial Real Estate Professional and Shopping Center Property, Asset Management, and Brokerage Expert in Southern California. In the real estate business for 30 plus years.
Mr. Rivera is currently Principal of CBM1, Inc. transacting hundreds of leasing and sales deals per year with a team of 12 agents.
Former President of Centers Business Management (CBM), overseeing 11 million square feet of shopping centers, thousands of tenants, several hundred landlord clients and dozens of property managers and leasing agents. Clients included private and institutional investors.
Areas of Expertise:
Commercial Property and Asset Management
Accounting Services and Reporting
Lease Transaction Oversight
Landlord and Tenant Representation
Litigation Support - Mr. Rivera offers expert witness services in cases involving commercial real estate. His services are available to attorneys for plaintiff and defendant and include thorough reporting, deposition, and trial testimony as needed. He has also served as a court appointed receiver.
BTI Appraisal is a broad-based appraisal company which provides a consistently high level of Real Estate Appraisals, Business Valuations, and Machinery and Equipment Appraisals for Business, Professional, Public and Private Sectors. When you choose BTI Appraisal, you benefit from a strong tradition of experience and accuracy.
A corporate philosophy stressing efficiency and attentive service has made BTI a leader among independent appraisers. They are proud of their reputation for stability, responsiveness, and accomplishment in and out of the courtroom. At BTI, their seasoned staff of success oriented professionals treats each assignment with precise attention to detail, providing needed research and responsive service on a wide range of appraisal needs.
Litigation Support - BTI’s Founder and Chairman, Ben F. Tunnell III, has headed the firm since 1974. Previously, he spent eight years with First Interstate Bank of California as vice president at their corporate headquarters in Los Angeles. He served on the board of arbitrators for both the American Arbitration Association and the Better Business Bureau. He has also been a Registered Investment Advisor and Broker/Dealer with the Securities and Exchange Commission and a licensed, California Real Estate Broker.
Mr. Tunnell is an ASA, the senior designation of the American Society of Appraisers, and a California Certified General Real Estate Appraiser #AG-6964. He has qualified and testified in Federal and Superior Courts, as well as in arbitration proceedings as an expert witness in Business Valuations, Real Estate, and Machinery and Equipment Appraisals.
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
Federal and State Regulation
Credit and Collection Practices
Loan Policy and Guidelines
Loan and Credit Review
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.
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.