Directors and Officers Liability Insurance (D & O) Expert Witnesses: 9

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.

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 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.

Scott S. Margraves, CIC, has over 32 years of Commercial Property and Casualty Insurance experience. He is the Principal Consultant and Founder of Gulf Coast Risk Management, LLC (GCRM). GCRM provides research, analysis and advice to commerce, industry, government and individuals. 

GCRM operates COIs R Us, a certificate of insurance (COI) compliance and tracking company. COIs R Us compares the contractual obligations of a lease agreement with the COI. COIs R Us processes thousands of COIs for landlords and general contractors for compliance annually.

Litigation Support - Mr. Margraves has been designated as an expert witness in 17 case assignments: 13 State cases and 4 Federal cases. Case assignments are divided between 10 for Defense and 7 for Plaintiff, including Arkansas, Louisiana, and Texas. Services include standard of care review, deposition question preparation, document review, and trial testimony as needed.

Areas of Expertise:

Property & Casualty Insurance Certificate of Insurance (COI) Tracking and Compliance Insurance Claims Bad Faith Agency E&O Bonds

Cyber Surety Marine Insurance Safety Programs HR Coordination Contract Integration

Background Experience - GCRM provides consulting services to attorneys, property managers, and general contractors regarding insurance placement, interpretation, and recommended contractual insurance requirements while explaining the relationship and alignment with indemnity and insurance provisions.

Mr. Margraves is well-versed in the placement of insurance policies from an insured's perspective. As a front-line producer, he weathered five major hurricanes, three “five-hundred-year floods” and multiple catastrophic fire claims. Agency roles include insurance broker, claims supervisor, agency partner, and risk manager. He is Past President of the Independent Insurance Agents of Houston, Past Vice Chairmen of IIAT IMPACT Region 10, Member of Insurance Academy, and Lifetime Committeemen for the Houston Livestock Show and Rodeo.

Mr. Margraves started his second career as a full-time consultant in 2021. He is an insurance industry expert that brings extensive experience in all aspects of property casualty insurance interpretation, policy forms, claims, safety programs, HR coordination and contract integration.

View GCRM's Consulting Profile.

Ivan E. Cohen, RF, ARM, CRM, CIC, AIC, AAI, MLIS, CRIS, is a nationally recognized Insurance Industry Expert with over 44 years of years of Insurance and Risk Management experience. 

In 1979, Mr. Cohen opened his own agency where he still serves as president. He 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 has been a contributing columnist for Risk Management Magazine. 

Mr. Cohen has also been an Insurance Educator for 41 years. A Senior Andjunct Professor of Insurance, he has taught for the Risk and Insurance Management Society, The National Alliance, Professional Insurance Agents of New York, Connecticut and New Jersey, Independent Insurance Agents and Brokers of New York, and provides training and continuing education courses for agencies and companies.

Litigation Support - Mr. Cohen is a trial-experienced Insurance Litigation consultant who provides expert witness services on insurance related matters, He currently serves as a subject matter expert for the New York State Department of Financial Services on the Insurance Exam Review Committee. Mr. Cohen has worked on matters in State, Federal, and Canadian Courts. His services are available to counsel representing both Plaintiff and Defense. 

A. M. Best Client Recommended Expert Service Provider 2018, 2019, 2020.

Areas of Expertise:

Insurance Errors & Omissions Insurance Standard of Care Insurance Agent / Broker Duties Agent Standard of Care Broker Standard of Care 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.

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

Key Coleman, CPA, CFA, CPCU, ARe is Executive Director and Founder of Litigation Economic & Forensic Consulting Group LLC. While his firm is located in Greater Philadelphia, his practice is nationwide. Mr. Coleman focuses on damages analysis and expert testimony in a variety of areas including business breakup, post-acquisition purchase price disputes, employment, lost wages and manufacturing. Mr. Coleman also has a specialty in the Insurance and Reinsurance Industry. Mr. Coleman has over 30 years of experience providing business and financial analysis. Prior to starting his own firm, he spent the bulk of his career in Chicago where he was a partner at a Big Four accounting firm and subsequently held high-level positions at other nationally recognized accounting and consulting firms. Prior to his consulting career, he spent more than eight years in the insurance and reinsurance industry.

In addition to his expert work, Mr. Coleman currently teaches Finance and Business full-time at Cabrini University.

Mr. Coleman is often called upon to perform expert analysis relating to Damages in Insurance or Reinsurance Disputes. He is one of the few experts nationwide who holds both the CPA and the CPCU designations. Mr. Coleman performs expert testimony as an insurance economic damages expert witness both locally and nationwide. In addition, he has performed inspections of MGAs, TPAs, ceding companies, and insureds. An abbreviated list of his insurance expert and damages specialties include:

Economic Damages in Commercial Disputes Business Damages Lost Profits / Lost Earnings Business Breakups Post-acquisition purchase price disputes Employment disputes  Lost Wages Analysis Manufacturing Insurance Damages Expert

Damages Analysis in Insurance and Reinsurance Agency, Broker, MGA Disputes Underwriting and Claims Analysis Force Placed Insurance Professional Liability / E&O / D&O Run-off, Insolvency Workers’ Compensation Professional Employment Organizations (PEOs) Accounting, Forenisic Accounting and Investigations

View Key Coleman's Consulting Profile.

Paul W. Burkett, JD, CPCU, CIC, ARM,CRM, ALCM is an Insurance and Risk Management specialist. President and CEO of Snoaspen Insurance Group, Inc., Mr. Burkett began his career as a Loss Control Representative for SAFECO Insurance Company after serving as an Officer in the United States Air Force. During his career with SAFECO, he served as a Loss Control Supervisor, Loss Control Manager, Commercial Sales Representative, Division Commercial Lines Underwriting Manager, and Regional Workers Compensation Manager.

From Safeco Insurance Company, Mr. Burkett worked for Frank B. Hall & Company as a Vice President in charge of Risk Management Services. He was responsible for design and implementation of alternative insurance programs such as pools, self-insurance, and captives. From Frank B. Hall, Mr. Burkett assisted in establishing the Meadowbrook of Colorado office and focused on developing specialized group programs. Paul assisted in establishing TUITIONGard which specialized in coverage for private student loans provided through banks in the United States.

Mr. Burkett currently provides litigation support services to attorneys for both Plaintiff and Defense. He has been deposed and/or testified approximately 10 rimes in the last five years.

Areas of Expertise:

• Insurance Company Good and Bad Faith
• Agent / Broker Standard of Care
• Insurance Industry Customs and Practices
• Risk Management
• Business Contract Insurance Clause Analysis and Application
• Insurance Coverage Analysis
• Insurance Claims Disputes Analysis

View Paul Burkett's Consulting Profile.