Directors and Officers Liability Expert Witnesses: 12

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

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.

Dave Bano has 40 years of hands-on experience across all aspects of Property Casualty Insurance Operations. He is a cross-functional and seasoned senior executive who has led Sales, Claims and Underwriting operations. Mr. Bano possesses a deep understanding of P & C customs, practices, standards and the duty of care. As a retired Chief Claims Officer, a Business Unit President/COO, as well as a Regional/State Executive at Nationwide, he has very broad multi-discipline knowledge and experience.

Litigation Support - Mr. Bano managed all aspects, and coverage lines, within Nationwide Claims including their bad faith/extra-contractual litigation. He also testifies relative to Sales and Agency operations, as well as Underwriting practices. He is a true general manager and expert across the P&C spectrum. 

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 career as an adjuster trainee and worked through every operating level within Claims, eventually becoming Nationwide's first company-wide Chief Claims Officer. As a hands-on leader with strong experience in P/C general management (sales, agency operations, underwriting) as well as claims, he offers current expertise across any aspect of Property & Casualty insurance. 

As Chief Claims Officer, he was responsible for 8000 employees, all claims operations, across all lines of coverage. He partnered closely with his legal teams and held decision-making authority over all claims-related litigation, including extracontractual and bad faith situations. He led Automobile, 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 hundreds of agents, underwriters and claims staff within the State of Michigan and earlier, within the five-county Philadelphia, PA market. 

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 19 case assignments: 16 State cases and 3 Federal cases. Case assignments are divided between 10 for Defense and 9 for Plaintiff, including Arkansas, Illinois, Louisiana, New Mexico 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 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 forty three (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 chairman 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 2020. 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.

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.

James W. Lovely, BBA, MBA, JD, is an experienced provider of expert witness testimony, case analysis and consulting advice. 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 rates.

Mr. Lovely is adept at simplifying or clarifying complex financial products and disputes and translating between a client’s legal team and its executive/financial officers while delivering insightful analysis and persuasive testimony. He is a very capable writer and public speaker and currently maintains his own consultancy in the above-described areas of expertise. He is intimately familiar with ISDA, NAESB, EEI, ICOM, IFEMA and SIFMA financial product documentation, forms and protocols. 

Recent Expert Witness Engagements:

• Analysis of documents, opposing expert’s report, and damages, and deposition testimony in NY case re: $500 million municipal bond repurchase agreement, interest rate derivatives, and municipal bond securitizations.
• Analysis of transaction documents and opposing expert’s report, preparation of rebuttal report, and deposition testimony on $17 million aircraft loan, related guarantees, and swap documentation and sales practices in Federal case.
• Preparation of expert rebuttal report and deposition testimony in a U.S. Federal District Court case involving claims of wrongful registration of transfer of securities under the UCC and refuting fiduciary duty and negligence claims asserted against the issuer defendant.
• Analysis of trading activity and millions in losses in an NFA arbitration involving an agricultural futures and options account of a U.S. grain farmer and claims due to discretionary trading in a non-discretionary hedging account.

View James Lovely's Consulting Profile.

David Tilkin is a Litigation Support and Expert Witness specialist with over 40 years of experience in the Securities Industry and over ten years of experience in the Compliance Software Industry. Mr. Tilkin has been providing litigation and expert witness services at varying degrees since 2000 when he left First Union Securities to start Protegent.

The Tilkin Group has been singly involved with litigation support and providing expert witness services since 2008. The efforts of the Tilkin Group have supported both private practice attorneys litigating against the securities industry and supported the efforts of financial service firms in their defense of claims.

Mr. Tilkin currently maintains a Series 65 license and has previously maintained a Series 63, 7, 8, 4 and insurance licenses. He has extensive training in the securities industry as a broker, manager and regional director. He has leveraged his intensive background in all aspects of broker-dealer operations, has been retained in over 200 cases, and testified in 85 cases around issues of suitability, supervision, and raiding and sales practices.

David Tilkin has published numerous articles on the issues of suitability, supervision and financial services software. He offers substantive, compelling opinions to support effective legal strategy in the following areas:

Arbitration Failure to Supervise Financial Services Breach of Fiduciary Duty Unauthorized Trading Authentication, Authorization & Accounting Churning

FINRA JAMS Misrepresentations / Omissions NASD Raiding Securities Forensics Analysis Suitability

View The Tilkin Group's Consulting Profile.

Max Holmes has over 40 years of experience in Finance as a portfolio manager, research analyst, board member, lawyer, NYU Professor and expert witness.

Mr. Homes has been an Adjunct Professor of Finance at the Stern Graduate School of Business at New York University, teaching “Bankruptcy and Reorganization” since 1993.  He has been the Chief Investment Officer / Lead Portfolio Manager for two large hedge funds ($2.7 billion and $5.4 billion of peak AUM) as well as an insurance company portfolio and a mutual fund portfolio.

 The funds invested in credit, capital structure arbitrage, distressed debt, rescue finance, direct lending, specialty finance, event stocks and special situations securities, including long and short positions. The funds invested across the capital structure: bank debt, DIP loans, second lien debt, secured and unsecured bonds, floating rate and fixed rate notes, trade claims, preferred stock, common stock, put and call options and credit default swaps (CDS). Investments were in a variety of businesses, public and private, including startups, venture capital, infrastructure, leveraged buyouts, private equity, turnarounds, restructurings, bankruptcies and liquidations. Direct lending was conducted through a Business Development Company (BDC) ($1 billion assets under management). Mr. Holmes has analyzing thousands of companies and investment opportunities over his career.

Areas of Expertise:

Annuities Antitrust Arbitration Bankruptcy Business Litigation Business Valuation Class Action Contract Disputes Corporate Governance Cryptocurrency and Bitcoin Due Diligence (Investments) Economic Damages Health Insurance Hedge Funds Investment Banking

Investment Management Lending & Risk Management Leveraged Buyouts Lien Enforcement Life Insurance Loan Trading Mediation Mergers and Acquisitions Private Equity Investing Reinsurance Securities / Stock Litigation Securities Arbitration / Mediation Turnaround Management & Investing Wall Street Custom and Practices View More Specialties

Mr. Holmes has been the Chair and CEO of a life, health and annuity insurer and reinsurer and has been an independent director of a large bitcoin mining company. He worked in investment banking, research, trading and capital markets at Drexel Burnham Lambert, Salomon Brothers, NatWest Markets and Royal Bank of Canada. Since 2015, Max Holmes has been a Senior Advisor to American Industrial Partners LLC, a private equity firm with $16 billion of AUM.

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