Workplace - Organizational Development 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

Bank Resources and Solutions is an executive management consulting group that has provided Financial, Operations, and Regulatory / Compliance consulting services nationwide to financial institutions, attorneys and regulatory authorities since 2008. Litigation Consulting, Forensic Research and Expert Witness work are an important focus of our services. We have worked with attorneys and regulators on suits throughout the United States. Their work has included both plaintiff and defendant financial institutions, borrowers, depositors and regulators. Areas of Litigation Support Expertise: FDIC Suits, Non-FDIC Suits, Bankruptcy Suits, Employee Criminal Actions / Bribery, Branch Operations, Bank Secrecy Act Policies / Procedures, Wire Transfers, New Account Fraud, Trust Account Fraud, Bank Negligence, Foreign Checks. Mark C. Riley is an experienced and successful former Bank Chief Executive Officer whose background includes leading the turnaround of two banks that had been operating under regulatory agreements upon arrival. Mr. Riley’s relevant experience was overseeing all areas of his banks including the development, approval, and implementation of effective risk management programs. For example, as CEO, Mr. Riley was involved in all phases of lending from business development to credit analysis and underwriting to overseeing loan approval and review process, providing due diligence of client bank loan portfolios, developing and overseeing workouts of nonperforming loans. This is particularly important in Expert Witness support as Mr. Riley’s background will carry more weight than technical specialists such as Loan Officers. Using loan officers, analysts and even lending group managers can provide the technical side of lending (underwriting, documentation, recordation and related nuts and bolts). As a Bank CEO & Director with lending expertise, Mr. Riley can provide all of that, but more importantly to a lawsuit, is knowledge of Director Loan Committees and their response to weaknesses that occurred in the technical side and what actions did they take to ameliorate or exacerbate the problem. Mr. Riley has provided Expert Witness services, including consulting, reports, depositions and testimony, to attorneys representing the FDIC, banks, bank clients, and related companies. Susan E. C. Riley is an experienced Senior Officer whose background includes the total responsibility for creating and managing the enterprise-wide systems of two denovo banks. Her relevant experience also includes creating and managing the Human Resources Department, Compliance, IT and IT Security, BSA/AML, ACH, Vendor Management, and related contract negotiations and Retail Bank Management. As co-founder of Bank Resources and Solutions, Mrs. Riley has analyzed, recommended, and implemented complex banking software within tight guidelines. She has established a solid reputation as a “no nonsense, identify the challenges, develop effective strategies and get the solutions in place” administrator. Mrs. Riley has provided Expert Witness research and consultation in client v. bank and bank v. client related matters. View Bank Resources and Solutions' Consulting Profile.

John Hoschette, BSEE, MSEE is an Electrical Engineer and Engineering Manager with over 25 years of experience at companies such as Smiths Medical, Lockheed Martin, Honeywell, Loral, Alliant Techsystems and Rockwell Collins. This has provided him exposure to the engineering methods of organizations nationwide and an acute understanding of all aspects of an engineering career.

Mr. Hoschette has managed engineering groups as large as 125 people with overall responsibility for business operations, employee salary administration, hiring, termination and career development. He has been involved in cases of employee termination for drugs, layoffs, harassment, non-performance and violation of company business ethics issues.

His primary responsibility as an engineering manager when dealing with employee issues has been to enforce company policies and procedures to ensure fair and lawful handling of employee discipline and terminations cases when necessary. This involves coordination of Human Resources and Legal Counsel to ensure company liability is minimized.

Mr. Hoschette's technical work encompasses developing the next generation mission computers for the F-35, P-3, F-16 and F-22 jet fighter aircraft and his technical expertise is Optical Data Networking. His career has covered designing, testing, and fielding of advanced electronics in areas such as: developing infrared sensors for night vision, laser sensors for weapons, helmet mounted displays and fiber channel networks.

Mr. Hoschette is also an author of two books, “Career Advancement and Survival for Engineers” and “The Engineers Career Guide." He has also been adjunct professor and instructed career development courses for engineers at Tufts University in Boston, Santa Clara University and University of Minnesota.

View Consulting Profile.

Dr. Caren Goldberg, Ph.D. is an internationally renowned professor of Human Resource Management. She provides expert witness and litigation support services in employment law cases.

Dr. Goldberg has written over 50 peer-reviewed papers and three book chapters on Diversity, Discrimination, Stereotypes, and Sexual Harassment. She has been quoted in numerous magazine and newspapers, and has appeared on Dateline, NBC, Voice of America, and numerous local affiliate news programs to discuss discrimination and harassment. The Society for Human Resource Management (SHRM) honored Caren as one of 100 diversity thought leaders from business, consulting, government, and academia, based on her research contributions in this area. More recently, SHRM appointed her to a task force charged with developing professional standards in Diversity and Inclusion.

Dr. Palmer Morrel-Samuels is a Research Psychologist with extensive training and experience in Statistical Analysis and Assessment Design. He has done a considerable amount of research and applied work on communication, testified to the U.S. congress on employee motivation and its linkage to objective performance metrics, published several articles on survey design in Harvard Business Review, among others, and wrote several patents to assist in the administration and analysis of workplace assessments. Dr. Morrel-Samuels currently teaches graduate courses on survey design and research methodology at the University of Michigan. 

Litigation Services: Dr. Morrel-Samuels' education, practical experience, and distinguished authorship have made him a valuable resource for providing expert services in legal cases where workplace surveys or assessments are at issue, including:

• Statistical analysis of very large datasets, measuring the impact of corporate culture on performance and race discrimination.
• Analysis of a survey's validity, reliability, objectivity, fairness, accuracy, confidentiality, freedom from response bias, and conformance to The Uniform Guidelines pertaining to all workplace assessments.
• Statistical analyses of performance-related and survey-related data.
• Desiging and conducting employee and workplace surveys, including Electronic surveys.
• Disparate Impact & Disparate Treatment litigation.
• Careful job analysis using court-approved methodology in FLSA litigation.
• Performance appraisals, job evaluations, skill assessments.
• Program evaluations, especially when used in hiring, firing, or other job actions.

Expert Witness Experience includes: Assisted the NAACP in its amicus brief for the Ricci discrimination case. Was the sole statistician in a successful $100M breach of contract case (Tower Automotive v. UNOVA) that required analyzing 4 million rows of data. Testified for the ICC’s International Court of Arbitration in The Hague. Has successfully withstood Daubert challenges - most recently from the City of Indianapolis in a large discrimination case involving the city's fire department. 

View Consulting Profile.

David R. Lenorovitz, PhD, CPE, Lenorovitz is a Board Certified Ergonomist / Human Factors Professional with over 50 years of experience in developing and applying knowledge regarding the ways in which human capabilities and limitations can materially effect a user's performance (i.e., success or failure) when interacting with a variety of products or equipment.

Dr. Lenorovitz has performed HF-related work evaluating, designing, developing, and testing user-interactive-systems for a wide range of industrial, governmental, and individual clients.

Litigation Support - Dr. Lenorovitz's forensic experience has included applying Human Factors scientific principles, preparing analysis reports, providing expert opinions, and testifying in cases involving:

Safety and Hazard Analysis Warnings Systems and Labels User System Interaction (USI) Analysis Computer-Human Interface Design Adequacy of Warnings Instructions Operator Manuals

Work Practices Organizational Procedures Product Design Product Liability Distractions / Diverted Attention Task Analysis Industrial Accidents

Page Engineering is a professional consulting firm that combines Ergonomics, Industrial Engineering, and Health and Safety expertise. They have served industry leaders in the areas of Transportation, Shipping, Manufacturing, and Health Care throughout the United States and Canada.

Established in 1994, their approach is bolstered by years of litigation scrutiny and backed by extensive application of ergonomics, human factors, epidemiologic, and occupational medical scientific literature. They specialize in human factors and ergonomics assessments, including both acute and cumulative exposures and their hands-on approach is backed by extensive research and measurement of actual work exposure to occupational physical factors and workplace design.

Litigation Support - The professionals at Page Engineering provide forensic engineering and root cause analysis expert witness services to counsel representing both Plaintiff and Defense. Their areas of expertise include:

Ergonomics Human factors Musculoskeletal Injury Biomedical Injury Analysis Biomechanical Injury Analysis Health and Safety Industrial Hygiene Physical Demands Assessments

Usability Testing Occupational Accident Reconstruction Biomechanical Modeling Vibration Measurement Compliance Occupational Risk Management Return to Work Regulatory and Consensus Standard Initiatives

George B. Page, CPE, is a Certified Professional Ergonomist. Since founding Page Engineering, Mr. Page has been providing ergonomics services, integrating multiple disciplines (industrial engineering, safety, health, business, regulatory) to provide effective results, whether in the application of job analyses and job improvement processes or in physical job demands analyses. His experience includes conducting ergonomics analyses and research in the railroad industry, primarily, and in heavy industry, in general, for over 22 years. Clients include: Union Pacific Railroad, Kansas City Southern Railways, Association of American Railroads, FedEx, American Petroleum Institute, Food Marketing Institute, Food Distributors International, Blue Water Bridge Authority, USPS. His expertise includes job exposure assessments, physical demands assessments, accident reconstruction, forensic engineering.

Greg G. Weames, CPE, CCPE, CRSP, is a Certified Professional Ergonomist who provides forensic services regarding Musculoskeletal Injury / Disorder Risk and expert testimony. Since joining with Page Engineering, Inc., Mr. Weames has been asked to provide consulting services in ergonomics for over 500 cases involving civil lawsuit work-related injury/disorder claims. With training, education and experience in musculoskeletal injury and musculoskeletal disorder as a focus, he applies generally accepted methodology in his analysis of causation to a reasonable degree of scientific certainty. Mr. Weames has his expert witness experience from within the railroad industry, which includes transportation, construction maintenance, mechanical shop, communications and office environments which support a large variety of jobs and work tasks.

Over the past 12 years of providing expert witness services, Mr. Weames has relied on independent, objective measurements of claimed exposures to occupational physical factors and the epidemiologic scientific literature, relevant ergonomics guidelines and standards to support his opinions. Mr. Weames has given depositions and has appeared at jury trials in both State and Federal US Court during his years doing expert witness work.

Stephen D. Fleming, CPE, CXLT, is an Industrial Engineer / Ergonomist whose background includes analyzing work environments and work tasks using industrial engineering work measurement methods and risk assessment models for different body regions. His expertise is in assisting industrial clients in applying ergonomics to workplace processes, tools, and equipment, including all major North American railroads, FedEx, Ford Motor Company, Lear Seating, USPS, and the Blue Water Bridge Authority. Mr. Fleming has been acknowledged for developing and implementing a methodology for measuring and analyzing exposure to whole-body vibration (WBV) and hand-arm vibration (HAV).

View Page Engineering's Consulting Profile.

Deanna E. Foster, PhD, is a Licensed Psychologist and President of Psychological Resources and Services, Inc. with 20 years experience in assessing psychological disorders within the context of Employment and Disability issues.

Background - Since 1993, Dr. Foster has been evaluating and counseling management and employees and designing interventions to improve performance, interpersonal behavior, and stress management. She has developed policy and procedure strategies to reduce stress, addressed disruptive interpersonal dynamics in the workplace, and designed and developed interventional strategies to minimize conflict, and improving morale, productivity and efficiency. Her clients have included Apollo Group, Applied Materials, Avnet, Inc., Barclays Global Investors, Black & Decker, DHL, Motorola, Inc., NIKE, Northern Trust Bank, Pitzer College, Sonic Air, Division of UPS, and Toshiba America Medical Systems, Inc.

Litigation Support - Dr. Foster serves as a Forensic Psychology expert witness conducting a broad range of psychological assessments with validity and symptom magnification measures. Her cases include employment law, civil cases, personal injury, disability claims, and psychological injury as it relates to either physical injury or employment situations, such as sexual harassment, discrimination, wrongful terminations, and ADA.

Dr. Foster's services include Agreed Medical Evaluations, Independent Medical Evaluations, Panel Qualified Medical Examinations, and Parole Hearing Assessments. She Writes comprehensive and timely psychological reports delineating how psychological issues correspond to legal determinations. Her expertise is available to counsel representing plaintiff and defendant.

Areas of Expertise:

Retaliation Discrimination Sexual Harassment Hostile Work Environment Disability Issues (ADA) Physical Injury

Wrongful Termination Fitness for Duty Work Stress Disorders Depression Trauma Anxiety

View Dr. Foster's Consulting Profile.

Virginia Rhodes, EdD has an extensive background in public schooling with over 35 years of experience in duty of care: teacher, principal, hiring, supervision, evaluation and instruction in K-12 settings. Her work in research, and as a school board member in a large district, grounds her expertise in school policy and district and administrative function. As principal and policy-maker, Dr. Rhodes was known for her work in reclaiming failing high schools, including moving an Ohio high school from 8% passage on the state science test to 54.5% in 2 years, collaboratively, within a contractual environment. Dr. Rhodes provides expert witness research, reports & testimony for districts and law firms, representing both plaintiff and defense. Dr. Rhodes' services are available nationally and internationally, as she is culturally competent,traveling, presenting at conferences and observing schools. Previous cases have included student injury, & death, religious/race, disability discrimination, wrongful termination, sexual abuse, administrative supervision, teacher supervision, actions of paraprofessionals including teacher assistants, security guards, and school resource officers, as well as school evaluations & recommendations for domestic cases.

Areas of expertise include:

• School and district disciplinary policy & practices
• Standards of care and duty for administrative, teacher and school staff 
• Teacher training/evaluation, administrative training
• School climate, SEL (social-emotional learning), trauma-informed practice
• Diversity issues within Personnel and Student Settings
• Urban school research & new trends in teacher leadership
• Deposition & court testimony, document review & analysis
• STEM, environmental, magnet, and other specialty programming
• Conditions Affecting Low-income Students: Mobility, Poverty
• Challenges of hIgh poverty schools
• Innovative & 21st century practices 
• Academic achievement and program development
• Organizational planning & development

View Dr. Rhodes' Consulting Profile.

Rose Porterfield Group (RPG) has over 30 years of experience providing Business Performance and Human Resource services. As experts in human behavior, we provide litigation support strategy and testimony for attorneys and corporations. Offering unbiased, detailed, and objective expert opinion on all aspects of human behavior in the workplace, we can help determine the facts, motivations, and human factors involved in the case.

Forensic and Expert Testimony Cases Include:

• Sexual Harassment
• Workplace Injury
• Discrimination
• Retaliation
• Wrongful Termination

Robyn W. Porterfield, PhD - Managing Principal at RPG, spent over ten years in sales and marketing prior to completing her PhD in Industrial Psychology. While completing her PhD, Dr. Porterfield served as Director of Client Services for a Texas-based on-line psychological testing firm, consulting to management on such issues as individual and team fit, conflict resolution, hiring, coaching, and management succession planning.

As a consultant, Dr. Porterfield has assessed executives in such diverse industries as financial management, food service, telecommunications and retail. For five years Robyn and Bob co-wrote a column for the Dallas Business Journal titled, C-Level Coach. Robyn is also a professional mediator and currently mediates for Dispute Resolution Services of Tarrant County, Texas.

Robert G. Rose, PhD, Principal at RPG, received his PhD from Florida State University. Since 1976 he has served as consultant to organizations in virtually every industry including health care, retail, IT services, manufacturing, construction, aviation, and many others. In his over 30 years as a consultant, Dr. Rose has encountered virtually every problem that an organization can experience, and has seen that good teamwork - from hiring to development - always benefits both the individual and the company.

Bob is the author of numerous articles on communication, crisis handling, and conceptualizing purpose and culture within organizations, and his books on consulting are required reading by major corporations..

View RPG's Consulting Profile.

Eric Kimberling, MBA, is one of the most recognized and respected independent Enterprise Resource Planning (ERP) systems expert in the world, giving 100% unbiased advice to clients for more than 20 years. Mr. Kimberling has been quoted in thousands of articles, including the Wall Street Journal, CIO Magazine and Fortune. He provides keynote speeches at industry conferences and universities worldwide, and continually provides industry thought leadership through blogs, podcasts, webinars and articles. He is the author of the acclaimed book, “An Expert’s Guide to ERP Success.”

Throughout his career, Mr. Kimberling has been called upon to investigate the feasibility of litigation, provide witness testimony and build background reporting for the industry’s highest-profile ERP lawsuits, including Lyons Magnus, Inc. v. Fujitsu America, Inc.; Partner Services, Inc v. Avanade; Kathy Pishghadamian v. Nicor Gas; Flotek Industries, Inc. v. CD Group, Inc.; Midwest Tape LLC v. ESR Associates, Inc,; Waste Management v. SAP; and Whaley Food Service Repairs v. Epicor to name a few. Eric is actively involved in implementations and project recoveries, giving him unique and up-to-date experience with modern enterprise technologies.

Areas of Expertise:

Organizational Change Management Implementation Methodologies Sales Cycle Fraud and Misrepresentation Contract Compliance Consultant Errors

Budget Overages Project Governance Software Customization Project Team Staffing Software Schedule Delays

Eric holds an MBA with an emphasis in operational strategy and a Bachelor of Science in business administration from Daniels College of Business at the University of Denver. He is also Six Sigma certified and a certified practitioner of multiple ERP solutions, including SAP, Oracle, Microsoft Dynamics, Epicor and Infor, among others. He has won numerous industry awards for his experience and contributions, including Supply Chain Pro to Know and Best Independent ERP Blog from ERP Focus.

View Eric Kimberling's Consulting Profile.