Banking / Lender Liability Consultants: 5

Craig A. Wolson acts as a Structured Finance and Derivatives Expert Witness and Consultant. He specializes in cases involving credit default swaps (CDS), collateralized debt obligations (CDOs), mortgage-backed securities (MBS) and other types of derivatives and securities.

Background Experience Includes: Acting on behalf of 40,000 investors in $1.6 billion class action suit against bankrupt sponsor of special purpose issuer of notes secured by notes issued by CDO and credit default swaps with sponsor; acting on behalf of class led by two major pension funds against a major bank and numerous large underwriters involving mortgage-backed securities issued by several vehices established by the bank, and securities issued by the bank; acting on behalf of large investment bank defendant in arbitration proceeding brought by another large investment bank involving nine CDOS established by defendant; acting on behalf of large bank that had invested in now-worthless notes issued by SIV established by defendant banks; acting on behalf of large bank against another large bank that had sold the former CDOs and CDS.

Areas of Expertise:

• Securitizations
• Derivatives
• Securities Law and Corporate Finance
• Loans and Credit Facilities
• Due Diligence

James W. Lovely, BBA, MBA, JD, is an experienced provider of consulting advice, case analysis and expert witness testimony. He has more than 30 years of business and legal experience in the financial markets with particular expertise in:

• Complex financial products, including swaps, swaptions, options, futures, repurchase agreements, foreign exchange, commodities, prime brokerage arrangements, securitizations, structured notes and municipal bonds;
• Secured commercial lending and hedging arrangements often (but not exclusively) involving those complex financial products; and
• U.S. commercial, commodities, securities and banking law and regulations governing those financial products; and
• LIBOR transition to SOFR, Ameribor and other reference rates.

Mr. Lovely is a very capable writer and public speaker and currently maintains his own consultancy in the above-described areas of expertise. He assists his consulting clients and their legal counsel with: (i) structuring and documenting transactions involving financial products; (ii) evaluating and complying with, and educating personnel concerning, applicable law and regulation; and (iii) tailoring client business practices, compliance programs, and operating procedures to facilitate adherence to both law and corporate policy. He is adept at simplifying or clarifying complex financial products, disputes, and compliance obligations and translating between a client’s legal team and its executive/financial officers while delivering insightful analysis and sound practical guidance. He is intimately familiar with ISDA, NAESB, EEI, ICOM, IFEMA and SIFMA financial product documentation, forms and protocols. 

Consulting Engagements:

• Mr. Lovely has consulted with regional and community banks that provide derivative and/or foreign exchange products to customers and hedge residual risks with the major money-center banks. In this capacity, he has been involved with the evaluation, structuring, documentation, collateralization and occasional modification or novation of a wide range of financial products, typically in the context of a larger commercial lending relationship.
• Mr. Lovely has provided consulting services to family offices, hedge funds and CFTC licensed commodity pool operators in connection with a wide range of financial products and prime brokerage arrangements and concerning both SEC and CFTC compliance programs and obligations arising from that activity.

View James Lovely's Expert Witness Profile.

Litigation - When a case is not to the point where an expert needs to be designated, clients and attorneys often benefit from consulting with an expert in order to gain a better understanding of the strengths and weaknesses of their case. Our firm offers services in these early stages, allowing the attorney to consider key questions, such as whether or not the case has enough value for litigating, potential settlement value, and often times forming the framework for discovery requests. With our in-depth experience in banking and real estate, we have been able to help our clients identify key issues to investigate in a deposition, consider different complexities of a case, and assist in fact development by suggesting documents or information to request. When we work in this consulting capacity, our communication is covered by the attorney-client privilege, so our clients and attorneys are free to discuss trial strategy without the worry of discoverability. This has allowed us to add value by performing preliminary analyses to assess the viability of different strategic directions for the case.

Bank Negotiation - Situations may arise where you could benefit from the knowledge and experience of an unbiased party in a financial situation. Whether you need help negotiating a short sale on your commercial property, working with the SBA, or renegotiating an operating line of credit with your bank, we can help. Our many years in the banking industry have given us the knowledge and contacts necessary to help you through the transaction. For these situations that require a greater depth of experience than you may have on staff, JBH Real Estate Experts can do the job on a project basis.

Real Estate Brokerage

Jay Hibert is a licensed Real Estate Broker CA DRE #01523075 . He is happy to assist your existing broker, or he can represent you in a transaction. Jay's expertise is in negotiating transactions between buyer and seller, identifying purchase opportunities for 1031 exchange, contract review, and arranging financing.

View Jay Hibert's Expert Witness 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

William H. Purcell has over 50 years of experience in Investment Banking, Mergers and Acquisitions, and other Finance Issues. He is currently a Senior Director at Seale & Associates, a boutique investment bank with both U.S. and foreign clients. Seale is focused on Mergers and Acquisitions, Corporate Finance Advisory, and Strategy Consulting.

Mr. Purcell's past client coverage includes such companies as Anheuser-Busch, Hoechst Celanese, Volkswagen, and Metropolitan Life to name a few. He was also appointed CEO of a publicly-traded company going through bankruptcy proceedings. Additionally, Mr. Purcell has been a director on several corporate boards. Through his relationship with Seale & Associates, Mr. Purcell has affiliations with professors at The George Washington University Business School and the University of Virginia Business School. He has been an occasional guest lecturer in investment banking and finance at George Washington University and Monmouth University.

Consulting Services Include

• Mergers and Acquisitions - LBOS and Recapitalizations
• Fairness Opinions
• Adequacy Opinions
• Solvency Opinions
• Valuations
• Damage Issues
• Fiduciary Issues
• Advice to Special Committees of Boards and Trustees
• Due Diligence and Disclosure Issues
• Financing of debt and Equity - Public and Private
• Leasing and Real Estate Financing

View Expert Witness Profile.