Directors and Officers Liability Expert Witnesses: 14

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

Thomas A. Tarter, President of The Andela Consulting Group, Inc., Management, Financial and Advisory Services Involving Corporate Governance, Management, Compensation, Financial and Banking Matters. He has served on boards, assisted in corporate restructures and provided advisory services to a diverse group of clients including corporations, law firms, financial institutions and government agencies - including U.S. Small Business Administration and FDIC. Involved in over 1000 cases - national and international. 

Litigation Support - Mr. Tarter provides expert witness services to attorneys representing plaintiff and defense. His services include document review, thorough reporting, depositions, mediation, and trial testimony as needed.

Areas of Expertise:

Retention by Regulatory Agencies Financial Institution Reorganization Banking Class Actions Court Approved Independent Directorships Financial Advisor Cash Controls and Management Checking Accounts Electronic Funds Transfer Consumer Credit Credit Cards Car Financing Debt Collection Embezzlements FCRA, FDCPA, TILA, RESPA, Loan Origination Loan Mods Foreclosures and Repos

Credit Damages  Ponzi Schemes Consumer and Commercial Real Estate Lending Land Acquisition and Development Bankruptcy Plan Interest Rate / Plan Feasibility Development and Construction Loans Corporate Lending Corporate Governance Loan Servicing Lender Liability Letters of Credit Loan Commitments Bank and Guaranty Demands Loan Transactions Shareholder and Insider Matters Internal Audit Banking Regulations Banking Compliance Matters

 

Jess Birken, MNM, Esq.

Jess is the owner of Birken Law Office PLLC, a boutique law firm serving nonprofits and charitable entities with their compliance and operational issues. Jess empowers nonprofits to achieve their mission by doing things right. She connects clients with the right tools, right coaching and right contacts. Ms. Birken is a nationally recognized attorney both for her service and understanding of the nonprofit & charitable sector as well as for her innovative subscription based law firm model. Listen to Jess' podcast Charity Therapy on your favorite podcast player.

Credentials

• BA, Sociology, University of Minnesota, Twin Cities
• JD, Mitchell Hamline School of Law, Magna Cum Laude
• MA, Nonprofit Management, Hamline University School of Business
• For additional information view LinkedIn

Litigation Support 

Ideal client engagements are with attorneys for either plaintiff or defendant representing nonprofits involved in complex nonprofit business or compliance cases.

Entity Formation, Articles of Incorporation Nonprofit Sector Best Practices Bylaws Interpretation Fiduciary Duties Private Benefit / Private Inurement / Insider Dealing

Voting Member Rights Board Disputes / Community Disputes Government Grant Compliance Nonprofit Policy Norms Conflicts of Interest Management

Biography

Ms. Birken is the former CEO & Managing Partner at Urban Birken PLLC, a boutique firm that focused on serving the nonprofit community and started her own firm in 2016. Jess has extensive non-legal experience working inside nonprofit organizations for most of her career prior to law school as well as after attaining her masters.

Before becoming a private practice attorney, Ms. Birken served inside a mid-sized national nonprofit organization, Pheasants Forever. In that role she managed ~$50,000,000 in state and federal government grants and worked on hundreds of conservation real estate transactions. Jess is deeply experienced in the reality of federal grants management across the entire life cycle. Ms. Birken has a deep understanding of the norms and best practices of the nonprofit sector, as well as the legal and regulatory environment these organizations exist within. This expertise was developed through her academic work obtaining a Masters in Nonprofit Management, in the work environment and through private practice experience.

Birken Law Video Introduction

Contact Information

You can contact Ms. Birken via e-mail or follow her on Twitter or Facebook.

Click here to schedule a free call now.

Marguerita M. Cheng, CFP®, CRPC®, RICP®, Chief Executive Officer at Blue Ocean Global Wealth, is a Certified Financial Planning Expert with 18 years of experience. Prior to co-founding Blue Ocean Global Wealth, she was a Financial Advisor at Ameriprise Financial and an Analyst and Editor at Towa Securities in Tokyo, Japan. Ms. Cheng is a past spokesperson for the AARP Financial Freedom Campaign and a regular columnist for Investopedia & Kiplinger. She is a CFP® professional, a Chartered Retirement Planning CounselorSM, a Retirement Income Certified Professional® and a Certified Divorce Financial Analyst. As a Certified Financial Planner Board of Standards (CFP Board) Ambassador, Ms. Cheng helps educate the public, policymakers, and media about the benefits of competent, ethical financial planning. She served on the Financial Planning Association (FPA) National Board of Directors from 2013 – 2015 and is a past president of the Financial Planning Association of the National Capital Area (FPA NCA). 

Marguerita Cheng CNBC Interview on Social Security 

Awards and Honors - Ms. Cheng is a recipient of the Ameriprise Financial Presidential Award for Quality of Advice and the prestigious Japanese Monbukagakusho Scholarship. In 2017, she was named the #3 Most Influential Financial Advisor in the Investopedia Top 100, a Woman to Watch by InvestmentNews, and a Top 100 Minority Business Enterprise (MBE®) by the Capital Region Minority Supplier Development Council (CRMSDC).

Litigation Support - Ms. Cheng serves as a Women’s Initiative (WIN) Advocate and subject matter expert for CFP Board, contributing to the development of examination questions for the CFP® Certification Examination. She also volunteers for CFP Board Disciplinary and Ethics Commission (DEC) hearings. Services to attorneys representing plaintiff and defendant include financial due diligence, thorough reporting, depositions, and trial testimony as needed.

Areas of Litigation Expertise:

Financial Planning Issues Social Security Elder Financial Abuse

Financial Planner Standard of Care Financial Planner Code of Ethics Investor Rights

Wayne Citron has 45 years of experience as an expert in Forensic Reconstruction of Insurance Transactions. He is an insurance expert and consultant. Litigation Support - Wayne Citron specializes in policy interpretation of the rules, laws, and regulations governing insurance and financial matters. His services are available to attorneys representing plaintiff and defendant and include effective reports, affidavits, depositions, and testimony as needed. Areas of Expertise:

Insurance Bad Faith Insurance Customs and Practices Insurance Health / HMO / Disability

Insurance - Life & Annuities Property / Casualty Insurance Insurance Agents & Brokers - Standard of Care

Mr. Citron established the Citron Agency and CMC Advisors Inc. in 1972, where his duties included executive and managerial responsibilities, sales, service, compliance with all insurance matters as well as securities laws and regulations. Both firms are leaders in life, health, disability and property and casualty insurance. Mr. Citron is an expert in all forms of insurance, including:

Life Insurance Health Insurance Property and casualty Insurance Disability Insurance Annuities Retirement, IRAs & Pensions

Flood Insurance Broker Malpractice / Bad Faith Profit Sharing Group Coverage Self-insurance Insurance Laws / Regulations

Mr. Citron has served as an instructor for Prudential Insurance Company Brooklyn Agency (1973) educating personnel in general insurance matters, underwriting, and insurance law. He has worked with companies including Prudential Insurance Company, United States Life Insurance Company, North American Company for Life and Health Insurance, American General Life Insurance Company, William Penn Life Insurance Company, American Life Insurance Company, Chubb Insurance Company, Travelers Insurance Company, Mass Mutual Insurance Company, John Hancock Insurance Company, and American International Group (AIG), among other. View CMC Advisors' Consulting Profile.

David Ostrove, JD, CPA (Inactive), Mr. Ostrove is a certified specialist in Taxation Law, certified by the California Board of Legal Specialization of the State Bar of California since 1975. He is also a California Certified Public Accountant since 1957 and a California Lawyer since 1960.

Mr. Ostrove is a Professor of Law and Accounting at Southwestern University School of Law in Los Angeles. He is a Past President of the American Association of Attorneys-Certified Public Accountants and a Fellow of the American College of Forensic Examiners.

Mr. Ostrove has authored numerous books on topics within his field of expertise including, "Advanced Corporate Tax Problems"; "Fiduciary Accounting For Estates And Trusts"; "Forensic Accounting" (2 Volumes); "California Community Property - What The CPA must Know"; "Analyzing Financial Statements After Enron - What The Lawyer Must Know"; and "Accounting and Auditing For Trusts & Estates (DVD)." He is a lecturer for the California CPA Foundation, California Continuing Education Of The Bar (CEB), and the Arizona CPA Society.

David Ostrove has been providing litigation support for 35 years. He has testified in numerous cases in both State and Federal Courts. Mr. Ostrove has been employed by lawyers representing defendants and plaintiffs. He offers expert witness testimony in cases involving Legal and Accountant Malpractice, Business Valuations, Tax Accounting Issues, and Economic Damages. He carefully analyzes the facts, law, and accounting principles and presents supportable, timely, clear opinions.

Mr. Ostrove has been given legal authority to act as a Special Master. His services are also available for Mediation and Arbitration.

Areas of Expertise:

Breach of Fiduciary Duties Trustee and Executor Negligence Accounting Malpractice Legal Malpractice Probate and Trust Issues Business Valuation Economic Damages Forensic Accounting Fraud Analysis of Financial Statements Lost Profits Calculation

Breach of Contract Tax Matters - Gift, Estate, Income Reasonable Value of Services Tax Litigation Services Bankruptcy Bad Faith Insurance - Professional Liability IRS Matters Auditor Negligence Tax Preparer Negligence

View David Ostrove's Consulting Profile.

David A. Bano has over 35 years of hands-on experience across all aspects of Property Casualty Insurance Operations. (30 (b)[6] corporate witness). Mr. Bano is a seasoned senior executive who has led Sales, Claims and Underwriting operations, and has deep knowledge of customs, practices, standards and the duty of care. A former Chief Claims Officer and Regional/State Executive at Nationwide Insurance, he has broad P & L and general management experience.

Litigation Support - Mr. Bano has managed all bad faith, extra-contractual litigation countrywide. His expert witness services are available to plaintiff and defense for work across the 48 contiguous states. Additionally, he served as Nationwide's 30(b)[6] witness in several significant litigation events. 

Areas of Expertise:

Insurance Customs / Standards / Practices Insurance Claims / Sales / Underwriting / Agency Property / Casualty Operations Insurance Bad Faith Insurance Coverage Insurance Exclusions Insurance Denials Extracontractual Automotive Insurance Errors and Omissions (E&O)

Unemployment Insurance (UI) Uninsured Motorist (UIM) Class Actions Homeowner Insurance Commercial Insurance Catastrophe / Disaster Flood Insurance Excess Surplus Insurance Insurance Fraud Insurance Investigation

Background Experience - Mr. Bano began his insurance career as an adjuster trainee and worked through every operating level within Claims to eventually become Nationwide's first Chief Claims Officer. As a hands-on leader with strong experience in both P/C general management (sales, agency operations, underwriting) as well as claims, he offers expertise across the entire Property & Casualty spectrum. 

As Chief Claims Officer, he was responsible for all claims operations across all lines of coverage and every business unit. He partnered very closely with General Counsel teams and held decision-making authority over all claims-related litigation, including extracontractual and bad faith situations. Throughout his career, he led Auto, Homeowners, Commercial, Agribusiness, Excess & Surplus [Scottsdale Insurance], Environmental, Pet & Veterinary, as well as the National Catastrophe group and the Special Investigations anti-fraud teams.  

As a general manager, Mr. Bano led the Agency Sales, Claims and Underwriting departments for the State of Michigan and earlier, the five-county Philadelphia market. He is familiar with every operational component of the Property & Casualty business. 

Frederick J. Fisher, JD, is the President of Fisher Consulting Group, Inc., a Professional Liability firm. Since his career began, Mr. Fisher focused on one vision: providing financial security to the client. The result was a successful 40 year career in Specialty Lines Insurance.

Mr. Fisher provides Expert Witness services and Litigation Strategies to attorneys representing Plaintiff and Defense. He testifies regularly as an expert witness in cases dealing with:

• Insurance Broker Standards of Care
• Real Estate Broker Standards of Care
• Third Party Administrator Standards (TPA)
• Claims Handling and Bad Faith
• Wholesale Broker Policies with "gotchya's"

Background Experience:

• For almost 20 years, Mr. Fisher was the Founder of E.L.M. Insurance Brokers, a Wholesale & MGA facility specializing in Professional Liability and Specialty Line Risks. In 1995, he formed what is now known as ELM insurance Brokers, a firm that has acted as an MGA and Wholesale Broker of Professional Liability Insurance and Specialty Lines. From nothing, the firm grew rapidly to a $30 Million dollar facility when sold in 2008
• Mr. Fisher began his career on the service side, as an Independent E&O claims adjuster. In 1982, he bought the Company. In only 4 years, the annual billings increased by 400%
• In 1989, Mr. Fisher became a Founding Member of the Professional Liability Underwriting Society (PLUS), and was elected to the PLUS Board of Trustees in 1993. After serving in all Officer capacities, he was elected President in 1997. He remains a Special Materials Expert for several RPLU courses and is the Senior Technical Advisor for The Professional Liability Manual, first published by the International Risk Management Institute in 1990

For more information on his Litigation Support Services, Email Frederick Fisher at: fjfisher@fishercg.com

View Frederick Fisher's Consulting Profile.

Jay Hibert was in the Commercial Banking Industry for over 25 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 and 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 250 times as an expert in 25 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 (Cal DRE #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
• Banking Operations/Administration
• Expert reports adherent to Federal Rule 26
• Hard Money Lending
• SBA Lending
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases
• Private Money Lending
• Predatory Lending
• Financial Elder Abuse
• Covid Related Finance Issues

*****Experienced in trial and deposition testimony*****

View Jay Hibert's Consulting Profile.

William R. Legier is a Certified Public Accountant, Certified Fraud Examiner, and Certified in Financial Forensics. With over 51 years in business, he has extensive forensic accounting and complex commercial litigation experience.

Mr. Legier is a former senior accountant for Arthur Andersen & Company, international CPA firm, and a former chief financial and operating officer for a $100 million diversified corporation. He currently lectures on accounting, finance, tax, business and business information technology, management control systems, business valuation, fraud, and forensic accounting to groups sponsored by RCA, IBM, Louisiana State University, Tulane University, A. B. Freeman School of Business, University of New Orleans, and other leading companies and institutions

Litigation Support - Mr. Legier's expert witness services include the forensic analysis and explanation of complex financial transactions with the use of advanced automated graphic design and display techniques. He provides testimony in Federal and State Courts throughout the US for leading national law firms and Fortune 100/500 companies in areas including:

Calculating Lost Profits Fraud Detection and Recovery Mismanagement Bankruptcies Appointment of Receiver Business Valuations Shareholder Disputes Evidence of Ownership Identification of Hidden Assets Corporate Veil Piercing Business Interruptions Single Business Enterprises Accounting Malpractice Marital Dissolution Separate and Community Property Spousal Support Tracing

Lost Earnings Personal Injury Intellectual Property Patent / Trademark / Copyright infringement Trade Secrets Reasonable Royalties Investigative Accounting Breach of Contract Breach of Fiduciary Duty White Collar Crime Real Estate Securities Product Liability Business Dissolution Construction Defects, Delays, and Cost Overruns Wrongful Termination Data Analytics

Lezlee Liljenberg, CIC, CRIS, MLIS, PA, MA, entered the Insurance business in 2004 as she started her first agency from ground zero, growing the business to over $6 million in revenue in less than 12 years.

Ms. Liljenberg holds a BA in Journalism/Public Relations and a MA in Political Science/Public Administration from the University of Texas at Arlington. She is a Professional Financial Representative holding licenses as 6 & 63 Securities, a Property & Casualty Agent, Life & Health Agent, Risk Manager, Public Adjuster, and Texas Real Estate Broker.

She is well-known in the insurance and real estate industries for her responsiveness, knowledge, and professionalism in handling situations in both of these industries. Her 36 years of contractual knowledge is extensive and is strengthened by her years as a Commodity Electricity trader during Deregulation in 2001.

Litigation Support - Ms. Liljenberg provides Insurance Expert Witness services to attorneys representing plaintiff and defendant. She offers thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Insurance & Real Estate Agents Errors & Omissions Insurance & Real Estate Bad Faith Personal Auto Homeowners Insurance Product Liability Insurance Commercial Auto Insurance Commercial General Liability Commercial Umbrella Professional Liability Insurance

Directors & Officers Liability Product Liability Employment Practices liability Business Interruption Flood Insurance Inland Marine Insurance Farm & Ranch Owners Watercraft/Boats Personal Umbrella

Steve M. McGurl, CMB, has been a Master Certified Mortgage Banker as designated by The Mortgage Bankers Association of America. A Certified Reverse Mortgage Consultant and an Accredited Mortgage Professional, he has over 35 years of Mortgage Banking experience.

Litigation Support - Steve has been on 12 or more expert cases that involve required mortgage expertise in MBS litigation, Fees, Reverse Mortgage requirements and more. He has been a Subject Matter Expert or Expert Witness on over 30 significant Mortgage Engagements.

Steve's primary focus has been providing solutions in the Regulatory Compliance and Fair Lending space for Mortgage Lenders, Banks, Credit Unions, and Law Firms. He has been an Executive in Operations, Sales, Credit, and Compliance at several Top 10 Lenders.

 Areas of Expertise:

Loan Servicing Payment Processing Delinquencies FDCPA Default Resolution Loss Mitigation HAMP Streamline Modifications Bankruptcy REO CFPB Fannie Mae

Lender Liability Mortgage Operations Compliance Regulatory Compliance TILA RESPA Reverse Mortgages Repurchase Defense Loan Buy Backs Mortgage Fraud Secondary Market Mortgage-Backed Securities Quality Control

Degrees / Certifications:

• Project Management Certificate, Villanova University, 2010
• Management Certificate, Wharton School of the University of Pennsylvania, 2023
• Scaling a Unicorn, $1Billion Business

Areas of Expertise:

Bank Governance Commercial Credit Underwriting Real Estate Financing Collections Loan Workouts Regulatory Response Credit Review and Examination

Due Diligence Consent Orders Lender Liability Breach of Good Faith Wrongful Defaults Control and Interference Duress and Coercion.

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.

Experts:

Business Litigation and Valuation Barbara Luna, PhD, CPA, CFE, ASA,     CVA, ABV, CGREA, CCRA, CREA John Luna, JD/MBA, CPA, ABV, CFF Dean Atkinson, CPA, CFE, ABV, CAC, 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.

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.

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.

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: expert@wzwlh.com Website: www.wzwlh.com

Orange County 4 Park Plaza, Suite 200 Irvine, CA 92614 Phone: (949) 219-9816 Fax: (949) 219-9095 Email: expert@wzwlh.com Website: www.wzwlh.com