Risk Management Expert Witnesses

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

Allan Windt specializes in the areas of Insurance Coverage, Duty to Settle and Bad Faith. In over 30 years in the insurance business, he has handled more than 10,000 claims for more than 70 insurance companies and hundreds of insureds in all 50 states. Mr. Windt has served as an expert witness in dozens of states.

He is the author of Insurance Claims & Disputes, Representation of Insurers and Insureds, West, 1982 first edition, 1988 second edition, 1996 third edition, 2001 fourth edition, and 2007 fifth edition. Mr. Windt's books have been cited as authoritative by more than 300 courts throughout the country.

Atlantic Environmental Inc. has provided expert services on Environmental, Health and Safety issues for the past 40 years. We translate highly technical, scientific information into real and practical terms to assist attorneys in providing the best legal advice and direction in litigation issues involving chemical and environmental issues. We have substantial experience in appearing for deposition and trial as an expert witness 

Areas of Expertise:

Chemical Pollution Occupational Disease Mold Testing & Remediation Indoor Air Quality Chemical Toxicity

Industrial Hygiene Toxic Torts Asbestos & Lead Sampling Environmental Claims Property Assessments & Testing

Robert E. Sheriff, MS, CIH, CSP is the CEO and President of Atlantic Environmental Inc which he founded in 1978.. He earned his MS in Preventative Medicine and Environmental Health and his BS in Zoology. Mr. Sheriff was a former Manager of Health Safety & Environmental for Sun Chemical Corporation and an Industrial Hygienist and Loss Control Rep. for Continental Insurance Co. He served in the US Army - Vietnam Era. He is a Past-President of the American Industrial Hygiene Association(AIHA) He has acted as Expert Witness in Asbestos Personal Injury Litigation(Defense), Industrial Hygiene, Occupational Disease, and Indoor Air Quality/Mold over the last 25 years.

Henry P. Shotwell, Ph.D., CIH is the Senior Consultant of Atlantic Environmental Inc. He earned a Ph.D. in Systems Safety Engineering, an MS in Biomedical Sciences and a BS in Biology & Chemistry. Dr. Shotwell is a former Director, IH & Safety for Environmental Waste Management Associates and a former Manager of Health & Environmental Safety for Sun Chemical. He has acted as Expert Witness in a variety of Industrial Hygiene, Mold, and Toxic Tort cases as both plaintiff and defense expert. 

Dr. Michael J. Fagel, PhD, CEM has over 30 years of broad based experience in a variety of fields relating to Crisis Management & Recovery, Consequence Management & Emergency Management. He provides specialized assistance in OSHA compliance assistance and training in Disaster Management, Emergency Response as well as Occupational Safety and Health. Aurora Safety has extensive experience in litigation guidance drawing from decades of experience in all phases of safety and emergency response and planning. They provide guidance to attorneys and insurance companies on a variety of topics and offer effective evaluations regarding the many facets of each case.

Dr. Fagel provides expert witness services to cases in across North America. He has served various Federal Agencies providing Occupational Safety Services at disaster sites. He also was EMS coordinator for the fire rescue division in North Aurora, as well as serving as an officer in the local fire service. Dr. Fagel currently teaches industrial safety and emergency medical services at several college locations and lectures at various professional trade conferences throughout the country. He offers Expert Witness Services and Litigation Support to attorneys representing both Plaintiff and Defense.

Areas of Expertise:

• Disaster / Crisis Management and Recovery
• COVID-19 / Coronavirus Recovery
• OSHA Compliance
• Voluntary Protection Programs (VPPs)
• Fire, EMS, Disaster Management
• Site Inspections
• Training Assessment Management and Development of Safety Programs
• Critical Incident / Crisis Management Site Inspections
• Safety Audits

View Consulting Profile.

John F. Leyenberger, CSP, CPCU, ARM, Principal Consultant at Centerline Risk Solutions, LLC, is a National Safety Board Certified Safety Professional with over 25 years of Retail Safety and Consulting experience. For 23 years, Mr. Leyenberger managed various aspects of Customer and Worker Safety for the world’s largest retailer, Wal-Mart-Stores, Inc.

Career Accomplishments:

• Responsible for managing health and safety programs, including 5,000 domestic retail facilities and International Health and Safety Compliance covering 26 countries with 6,200 retail facilities
• Impacted the OSHA ergonomic regulatory process and improved the guidelines for retail grocery stores by testifying and presenting to OSHA officials through trade associations
• Co-chaired industry work group including retailers and suppliers to establish global standards on product ingredient reporting within the Global Data Synchronization Network
• Consistently reduced customer and worker injury rate per million dollar sales over an eight year period resulting in a 52% improvement

Litigation Support - Mr. Leyenberger's experience includes being a fact witness or company representative for Walmart in over 80 depositions and 9 court trials, primarily involving Premises Liability and Product Safety cases. His services are available to attorneys representing both plaintiff and defendant.

Areas of Expertise:

Risk Management Safety Management Chemical Handling Environmental Health and Safety Root Cause Analysis Ergonomics Property Casualty Retail Premises Safety Accident Investigation and Cause Analysis

Falling Merchandise / Objects Display Safety / Top Stock Safety Slip, Trip, and Fall Incidents Logistics OSHA Safety Compliance / DOT Retail Safety Fire Safety Product Safety Workplace and Customer Injury Prevention

View John Leyenberger's Consulting Profile.

Kimberly M. Pearson, MHA, MBA, RN, CCHP is a Correctional Healthcare Consultant with over 35 years of experience in the healthcare industry, including correctional healthcare (both medical and mental health), clinical nursing, management, and administration in a variety of healthcare venues. In her role as Deputy Agency Director for the Orange County Health Care Agency, Ms. Pearson was responsible for all medical and mental health care provided in the Orange County (California) adult and juvenile detention facilities. The adult jail system ranks in the "top ten" in the country in terms of size, with an average daily population of over 6,500 inmates. She has been honored as a National Award Recipient for Excellence in Executive Leadership at the 2016 Nurse.com Nursing Excellence GEM Awards (Giving Excellence Meaning). 

An expert in her field, Ms. Pearson delivers seminars and lectures on Correctional Healthcare topics around the country. In 2019, she  spoke on “The Art of Managing Regulatory Inspections,” to the National Commission on Correctional Healthcare in Fort Lauderdale, FL, on “Clinical Management for High-Risk Patients in this Litigious Environment,” to the American Correctional Health Services Association in San Jose, CA, and “Sticking Together: A Cohesive Correctional Healthcare Delivery System,” to the National Commission on Correctional Healthcare Leadership Institute in Las Vegas, NV. 

Litigation Support - Ms. Pearson previously provided Medical Malpractice and Wrongful Death case reviews as an in-house consultant for two law firms in the Midwest. She is currently the CEO/President of KP Consulting LLC, consulting on policy and procedure development and comprehensive correctional health system review and recommendations. Ms. Pearson has served as a correctional healthcare expert witness in over 75 cases in the past five years. Her services are available to attorneys representing plaintiffs or defendants and includes comprehensive written reports for both federal and state cases, standard of care evaluation, and correctional health care deviation identification.

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.

David K. Easlick, Jr., is a Hazing and Risk Management Specialist and a member of the State Bar of Michigan for over 30 years. Mr. Easlick was the Executive Director of Delta Kappa Epsilon Fraternity for over 20 years. In such role, he became familiar with just about all outrageous conduct by undergraduate young men on the college campus. He spent years combating it, and attempting to correct and eliminate it. His experience includes Hazing, Binge Consumption, Sexual Misconduct, or other Risk Management Violations. Mr. Easlick has been a member of the Fraternity Executives Association for 30 years, an affiliate member of the North American Inter-Fraternity Conference, an associate member of the Association of Fraternity/Sorority Advisors, a business member of the Association for Student Conduct Administration, and a past member of FIPG and FRMT, Litigation Support - Mr. Easlick is the most qualified expert witness regarding Fraternal Law Suits. As a lawyer and former litigator, he offers unique advice to counsel. Mr. Easlick does not try cases and is not seeking out litigation clients. His role is expert witness and consultant and his services include trial preparation, discovery preparation, review services, and other legal advice to litigation counsel. Mr. Easlick is currently appearing in several cases on the plaintiff side, and he has successfully completed one case on the defendant side as well as twenty-five on the plaintiff side.

Areas of Expertise:

Fraternities Sororities Fraternity Hazing Fraternity Risk Management College Campus Risk management

Fraternity Binge Drinking Hazing Prevention Substance Abuse Sexual Misconduct Fraternity Initiation

Donald L. Leach, II, is a Jail / Corrections Management expert with over 30 years of experience. He has 20 years of consulting experience on jail management issues nationally, focusing on Risk Management for jails and jail operational methodology. Mr. Leach has extensive supervisory experience, having overseen up to 402 employees (indirectly). He also supervised internal affairs investigations, experienced in interviewing, hiring, training, scheduling, motivating, evaluating, and dismissing personnel. He is experienced in administering and managing a large detention facility, developing and administering programs, budgeting, contract development and monitoring, conducting research, monitoring compliance with policies and procedures, community relations, public speaking, controlling costs, problem-solving, and preparing reports.

Litigation Support - Mr. Leach has served as an expert witness for 5 years, in both State and Federal court. His services are available to counsel for both Plaintiff and Defense and include case review, testimony, and consultation for jail and prison issues.

Areas of Expertise:

Jail Management Use of Force In-custody Death Security / Operations Medical and Mental Health Services

Classification Contract Management for Privatized Services Management Information Systems Strip Search Gang and STG

View Donald Leach's Consulting Profile.

John D. Foubert, PhD, is Dean of the College of Education at Union University, Principal of Dr. John D. Foubert, LLC, and serves as a Highly Qualified Expert for Sexual Assault Prevention for the U.S. Army.  Dr. Foubert founded the national nonprofit organization, One in Four, an organization that worked for 20 years to apply research to rape prevention programs on college campuses, in communities, and in the military. 

Experience:  Dr. Foubert has 25 years of experience as a college administrator and Professor. He has published over 45 peer reviewed articles about topics including sexual violence in college, rape in the military, fraternities, rape trauma, bystander intervention, campus housing, and the harms of pornography. He has also testified before Congress, consulted with The White House, The Pentagon, and all 4 branches of the military. Dr. Foubert consults with colleges and the military regularly about the harms of pornography and how to end sexual violence.  He has been featured in media including CNN, NPR, The New York Times, The Atlantic, The Washington Post, and U.S. News and World Report.  

Litigation Support:  Dr. Foubert is an experienced expert witness, adept at explaining complex research and statistics. He is proficient with depositions, document review, and report writing. Dr. Foubert travels nationwide. Sample redacted reports available.  

Sexual Violence Sexual Violence Prevention Sexual Violence Impact PTSD Victimology

Fraternities All Male Groups Title IX Effects of Pornography College Student Housing

View Dr. Foubert's Consulting Profile.

Siegfried Guggenmoos, B.Sc.(Agr.), P.Ag., Principal of Ecological Solutions, Inc. is a Professional Agrologist, with over 30 years of experience in the electric/gas utility corridor vegetation management business.

Mr. Guggenmoos has designed, implemented and provides assessments of utility vegetation management programs. In evaluating the prudence of vegetation management programs Mr. Guggenmoos has developed methodologies to assess their efficacy by predicting the impact of vegetation management program as practiced, on the future costs and reliability of electric systems.

Areas of Consultation:

• Storm hardening electric transmission and distribution systems to quantitatively manage tree-caused service interruptions
• Advise and develop protocols for assessments of power line tree exposure and mitigation
• Advise on least cost vegetation management by synchronizing economics and ecology
• Advise on impacts of vegetation management program alternatives, modifications
• Provide context for vegetation management, greenhouse gas mitigation measures in a competitive energy market
• Facilitate for management, staff, contractors and stake holders an actionable understanding of ecological principles and their impacts on vegetation management needs and costs
• Provide project management; expert review of programs and proposals
• Develop and advise on quantification, monitoring and verification of biotic greenhouse gas mitigation measures

Envista Forensics is a global leader in Forensic Engineering & Recovery Solutions. They provide Cause & Origin, Failure Analysis, Fire and Explosion Investigations, Accident Reconstruction, Damage Evaluations and Equipment Restoration Services following disasters of all kinds. Envista has offered Consulting Services to the insurance, legal and risk management industries, as well as businesses, public entities, and universities for over 25 years. Their Experts travel globally from 30 offices located across the U.S., Canada, Mexico, the U.K., Australia and Singapore.

Envista's experience counts when equipment, systems, structures, or data have been threatened by catastrophe or litigation. Their experts and advisors determine cause and responsibility, and identify the nature and extent of damage or loss and provide a full range of solutions to protect their assets. Envista's technical professionals are trusted advisors and industry leaders. Their expertise is broad and deep, capable of withstanding all forms of scrutiny. Envista's services are available globally so that certainty is assured no matter where in the world it is needed. As the recovery from disasters has grown more complex, Envista has developed a comprehensive array of services to help their clients and has associates located around the globe to provide assurance no matter the type of loss or location of the disaster.

Envista helps attorneys quickly get to meaningful answers on the many technical issues at the center of a dispute. Their engineers have decades of experience working with both defendants and plaintiffs. They offer effective Expert Witness Testimony, with the ability to communicate effectively, build rapport with juries and judges, and maintain adherence to structured, methodical approaches in drawing conclusions are all extremely critical. Envista Forensics understands how critical the selection of an expert can be, and we understand what makes experts effective. Their court qualified experts have extensive experience providing expert testimony on a wide variety of engineering and technical matters.

Areas of Expertise:

Aviation & Aerospace Biomechanics Construction Defects Digital Forensics Electrical Injury & Electrocutions Causation Chemical Computer / Network Equipment Failure Construction Defect Disputes over Reparability of Damage Electrical Failure Equipment Restoration Fire & Explosion Analysis Equipment Restoration

Industrial / Manufacturing Equipment Materials Failure Mechanical Accidents Mechanical Failure Medical / Laboratory Equipment Product Failure / Liability Project Management Structural Failure Subrogation Utility & Energy Valuation of Structures or Equipment Vehicle Accident Investigation Workplace / Premises Accidents

View Envista's Consulting Profile.

Jeffrey C. Fox, PhD, MBA, MS, BLS, AAS, CHPA IV, CHS IV, served for 32 years in the field of Public Safety, 21 of which were with the VA State Police. He has over 20 years of personnel, administrative, and program management experience. Dr. Fox was a member of the American College of Forensic Examiners Institute where he holds a Level 4 Homeland Security Certification. He has completed the Federal Emergency Management Agency Professional Development Courses and was certified through the Virginia Department of Emergency Management as a trainer for incident command system training courses. As a practitioner, he was involved in the response and management of all types of events such as major disasters including floods, hurricanes, snow/ice storms, and the largest traffic crash in Virginia history. He has also managed and responded to civil unrests, protests, a sniper attack, dignitary protection, special event planning, and many major crimes.

Background - Dr. Fox began his law enforcement career as a military policeman in the U.S. Army and served as a town police officer, trooper, sergeant, first sergeant, and lieutenant. He served as a field lieutenant with the VSP and served as the assistant training officer where he managed the daily operations of the training academy. He also served as the statewide incident management program manager for the VA Department of Transportation in the operations and security division. 

Teaching / Speaking Experience - Dr. Fox retired from state service as the Program Coordinator and Assistant Professor for the Homeland Security & Emergency Preparedness and Criminal Justice Cohort Programs for VA Commonwealth University. He served as an Assistant Professor and Chair of the Public Safety Adult Degree Completion Programs (Bachelors) [Criminal Justice and Homeland Security & Emergency Management] for Bluefield College. While the assistant training officer for the VSP, Dr. Fox collaborated with the University of Virginia and together they created the National Criminal Justice Command College. Having spent 20 years instructing at various criminal justice academies in a plethora of criminal justice, instructor development, and leadership courses, Dr. Fox has taught over 560 criminal justice and homeland security / emergency preparedness courses, and management / leadership courses which include over 18,000 classroom hours. He has taught over 85 criminal justice topics in police academies, which include over 4,000 hours of classroom instruction. Dr. Fox has served on over 35 boards or committees relating to criminal justice, homeland security, or training issues. He was tasked with overseeing the implementation of NIMS compliance issues for two large state agencies totaling approximately 6,000 employees. He has also overseen the development of several large distance-learning programs. Dr. Fox served as chairperson and committee member for many doctoral students in the public service leadership discipline. During his public service career, he earned over 167 commendations, awards, and honors for enforcement and service work, public speaking and instructing, and his academic achievements. 

Litigation Support - Dr. Fox serves as an expert witness for attorneys representing Plaintiff and Defendant. His services include case review, thorough reporting, depositions, and trial testimony as needed. 

Areas of Public Safety Expertise:

Leadership and Management Ethics Instructor Development / Training Basic Police Training In-service Training Field Training Officer Training / Development National Incident Management Incident Command Training Emergency Management Training Emergency Preparedness / Response Crisis Management Traffic Safety Traffic Incident Management Training

General Criminal Justice Procedure and Policies Patrol Criminal Interdiction Search and Seizure Use of Force DUI / DWI and Drug Enforcement Drug User Recognition Investigations Criminal Behavior Homeland Security / Terrorism Risk Assessments NIMS Compliance / Implementation Agency Policy Development or Review

Technical assistance to counsel in litigation involving  Fires and Explosions, Chemical and Environmental Forensics, Hazardous Waste and Materials, Regulatory Compliance, Dioxins,  and injury or chemical exposure claims including those due to hazardous materials or operations. We provide the technical expertise and develop the evidentiary basis for legal arguments relying on or involving:

• Industrial and environmental chemical forensic analysis
• Causation proved by fate and transport of chemicals and their degradation products in the environment
• Appropriate standard of care for and regulations of hazardous waste and hazardous materials
• Safety and prevention of catastrophic events such as fires and explosions
• Prevention of injury or chemical exposure resulting from hazardous materials or hazardous materials operations
• Prevention of chemical spills and/or proper management of historical environmental contamination

Our current newsletter and publications are available in our website library.

Ivan E. Cohen RF, ARM, CRM, CIC, AAI, MLIS, CRIS, CPIA, has 38 years of experience in the Insurance Industry serving as an agent and broker. In 1979, he opened his own agency where he still serves as president.

Mr. Cohen is a member of the Global Risk Management Institute, an associate member of the Risk and Insurance Management Society and holds the distinction of being a RIMS Fellow and a contributing insurance columnist for Risk Management Magazine.

Litigation Support - Mr. Cohen serves as an expert witness and litigation consultant on insurance related matters and currently serves as a subject matter expert for the New York State Department of Financial Services on the Insurance Exam Review Committee. His services are available to counsel representing both Plaintiff and Defense.

Areas of Expertise:

Insurance Errors & Omissions Insurance Standard of Care Insurance Agent / Broker Duties Insurance Policy Interpretation Property Insurance Liability Insurance

Insurance Custom & Practice Auto Insurance Home Insurance Personal Insurance Commercial Insurance Insurance Company Bad Faith

View Ivan Cohen's Consulting Profile.