Mergers and Acquisitions Expert Witnesses: 17

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:

• Mergers & Acquisitions
• Leveraged Buyouts and Recapitalizations
• Fairness Opinions and Fairness Issues
• Adequacy Opinions
• Solvency Opinions
• Bankruptcy issues, including fraudulent conveyance
• Valuations
• Advice to Special Committees of Boards
• Due Diligence and Disclosure Issues
• Fiduciary Issues
• Damage issues and analysis
• Lender Liability
• Fee issues
• Document Interpretation and Standards from investment banking point of views
• Criminal cases involving alleged securities violations and insider trading
• Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
• Venture Capital
• Leasing and Real Estate Financing

Background: William H. Purcell has been an Investment Banker for over 50 years. He was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. He also has served as interim CEO of a public company and has served on Boards of Directors. 

Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

 View Consulting 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

Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management. Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection. 

CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements. Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy. 

Services Offered: Business and Strategic Consulting

• S.W.O.T. Analysis
• Pre-investment Feasibility Studies / Competitive Background Assessments
• Business Plan Research, Writing and Production
• Strategy Definition / Implementation
• Reworking of Operating Processes for International Suitability
• Industrial Partnership Scouting / Matching
• Tailor Business Model to Market Environment, Jurisdiction and Local Authorities Requirements 

Corporate Finance:

• Mergers, Acquisitions and CessionsCommercial Due Diligence or Investment / Financial Appraisals
• Company Reorganization and Restructuring
• Financial Feasibility Plans for Industrial Expansion
• Scouting / Recruiting Highly Qualified Financial Management
• Exit Strategies in the event of Buy-outs, Buy-ins, Spin-offs or MBOs, MBIs and LBOs
• Listing on Stock Exchanges 

Offshore Consulting:

1. International Tax Planning
2. Corporate Structuring, Maintenance and Trusts
3. International Contracts Law
4. Jurisdictions
5. Residency and Citizenship
6. International Banking
7. Logistic Support
8. Government Licenses
9. Aircrafts and Vessels
10. Intellectual Property 

CS&P Operates In More Than 80 Countries Around The World.

Eric Forister, PhD, is an expert Economist with testifying experience on market definition, market power, and damages. His expertise includes applying advanced statistical techniques to datasets, synthesizing information from documents, and designing and evaluating surveys. A Senior Economist at Econ One, he focuses on relevant questions to tackle complex issues with an efficient and effective style of communication. Dr. Forister also has extensive experience consulting on issues including royalty rates, irreparable harm, sampling, survey design, common impact, and materiality.

Ideal Client Engagement: For litigation-related matters, an ideal engagement would be providing an opinion on economics, damages, market power, or market definition; or providing pre-litigation advice on the economics of potential claims, or the merits of a survey. For non-litigation matters, an ideal engagement would be helping to explain the economics of different business models or consulting to those considering buying or starting an optometry office.

Experience: Dr. Forister has acted in a support/consulting role on over 100 matters. His support work has been a mix of plaintiff and defense work. Dr. Forister has designed and evaluated surveys for IP and marketing cases and worked on a wide range of other matters, including:

• Antitrust - price fixing, exclusionary conduct, monopsony, unfair competition, Robinson-Patman
• Intellectual Property - SEP, FRAND, patents, trademark, irreparable harm
• Marketing - false advertising, product labeling
• General Damages - breach of contract, bankruptcy

Education/Training:

• PhD in Business Administration (Field: Economics), Stanford Graduate School of Business
• BS in Mathematics / Economics, University of California at Los Angeles, magna cum laude

View Dr. Forister's Consulting Profile.

Michael G. Kaplan has nearly 50 years of experience in the areas of Forensic Accounting, Business Valuation, and Litigation Consulting. Mr. Kaplan is a Forensic Certified Public Accountant who is regularly called upon to testify as a qualified expert witness in federal and state courts. He has participated in approximately 300 trials. Mr. Kaplan has also served as a court appointed expert accounting referee.

Mr. Kaplan has served as a university professor for approximately 24 years (including 18 years at the University of Southern California). He created and taught courses for the National Judicial College, American College of Business Court Judges, National Association of Certified Valuators and Analysts, and presented sessions for various Bar Associations, various CPA societies, and other professional organizations. His professional affiliations have included local, regional and national CPA/Advisory firms.

Areas of Expertise:

Forensic Accounting Business Valuation Lost Profits Business Interruption Business Damages Employment Damages Matrimonial Litigation

Personal Injury Damages Intellectual Property Damages Professional Standards Professional Malpractice Fraud - Embezzlement - Misappropriation Partner and Shareholder Disputes

Awards and Honors:

• Circle of Light Award (1998) - National Association of Certified Valuators and Analysts (first recipient of this award presented annually recognizing one's contributions and performance as an instructor; highest award bestowed upon an instructor in NACVA's educational programs for Business Valuation and Financial Forensics experts.) 
• Magna Cum Laude Award - National Association of Certified Valuators and Analysts (2017) - Recognizes one's contributions to the fields of Business Valuation and Financial Forensics.

One of the industry's leading law firm services experts, Michael J. Garibaldi, CPA, ABV, CFF, CGMA, has a strong background providing efficient and affordable solutions to the many complex issues facing the legal profession today.

A Certified Public Accountant licensed by the State of New York, Mr. Garibaldi is Accredited in Business Valuation (ABV), and Certified in Financial Forensics (CFF) by the American Institute of Certified Public Accountants (AICPA). He is recognized as a Chartered Global Management Accountant by the Association of International Certified Professional Accountants.

Mr. Garibaldi works closely with law firms and other professional service firms, manufacturing, wholesale/retail, medical, technology, restaurant/hospitality, artists and galleries, construction, and real estate clients where he is responsible for providing accounting, tax planning management consulting services, and financial reporting.

Mr. Garibaldi provides valuation and litigation support services, assisting attorneys and their clients with the financial aspects of a case throughout the litigation process, from contemplation of action through expert witness testimony. He brings an in-depth understanding of the business and technical aspects of valuation, finance and accounting that is required in complex litigation and arbitration cases.

Mr. Garibaldi qualifies as an expert in valuation matters in the Supreme Courts of New York, Nassau, Suffolk, Kings, Richmond, Monmouth, Orange, and Westchester Counties, and has been called upon by the courts to serve as a neutral Expert. As an instructor of the AICPA Certificate of Educational Achievement Program in Business Valuation, Mr. Garibaldi teaches his specialty to other professionals.

Michael Garibaldi is a Candidate Member of the American Society of Appraisers (ASA), Member of the Institute of Business Appraisers (IBA), the Association of Certified Fraud Examiners, the American Society of Appraisers (ASA), the AICPA and the NYSSCPA. He is a past President and former member of the Board of Directors of the NYSSCPA Nassau Chapter, and has held a variety of positions on the Litigation Support Committee of the Nassau County and State Chapters of the NYSSCPA. Mr. Garibaldi has also held a number of positions on other committees and sub-committees within these organizations.

Areas of Expertise:

Auditing Bankruptcy Business Business Law Business Valuation Lost Profits Mergers & Acquisitions Finance

Forensic Accounting Fraud Investigation, Embezzlement Personal Property Valuation Real Estate Valuation Trusts & Estates White Collar Crime Dissolutions Wrongful Death, Termination

View Michael J. Garibaldi's Consulting Profile.

Robert Bates, CPA, Esq., CFE, CVA, has over 35 years of Financial Management and Accounting experience as a Controller and CFO in various industries. He has been in several industries, including telecom, media, retail and financial services in addition to having consulting experience at startups in the software, technology, and life sciences fields. 

Mr. Bates specializes in International Accounting, Software Issues, and Obtaining Financing. The CFO of a public company, he has completed due diligence accounting/reporting for 12 acquisitions, including performing Business Valuations and dealing with FAS 142 issues. Mr. Bates has handled accounting for complex debt instruments including warrants, beneficial conversion feature, and other derivative issues. He has also been responsible for SEC reporting: 10Q’s and 10K’s. 

Litigation Support - Robert Bates has worked with dozens of lawyers on over 150 cases in various states. Sometimes he provides financial support for a client in litigation, or pre-litigation, and other times he provides a report, such as a damages calculation, which can be used in litigation. He also has experience providing testimony in depositions and trials. 

Legal Services:

• Unbiased Case Analysis
• Discovery Review & Recommendations
• High-Impact Demonstrative Exhibits
• Strategy and Tactics Conferences
• Damage Calculations
• Cash Flow Analysis Reports
• Profit and Loss Analysis

View Robert Bates' Consulting Profile.

EJ Janik, CPA, CFF, CFE is a Certified Public Accountant with 40 years of professional experience. He specializes in financial audits, compilations and reviews, consulting for commercial litigation, antitrust matters, engineering and construction matters, real estate, and bankruptcy / business reorganizations matters. Mr. Janik holds a Master of Science in Accounting from Louisiana State University and a Bachelor of Commerce from Rice University. He is a member of the American Institute of Certified Public Accountants and the Texas Society of Certified Public Accountants. Mr. Janik has provided over 150 financial audits and consulted in over 785 business disputes. He has provided expert testimony in over 88 matters including trial testimony in 58 trials or hearings in 8 states. Mr. Janik's accounting services include Damages/Lost Profit analysis, Forensic Accounting, Fraud Investigations, Fact Finding, Financial Analysis, and Expert Witness Testimony when necessary. Litigation Experience:

Antitrust/Pricing Issues Audits Bankruptcy Analysis Business Interruption Business Valuation Construction Claims Contract Disputes Cost Determinations Criminal Investigations Damage Analysis/Critiques

Debt & Capital Analyses Dispute Resolution Due Diligence Environmental Claims Feasibility Studies Forensic Accounting Fraud Investigation/Analysis Hazardous Waste/Remediation Insurance Claims

Lost Profits Mergers & Acquisitions Real Estate Royalties, Commissions, Income Solvency Superfund/Environmental Claims Tracing Valuations Wastewater White Collar Crimes

Mr. Janik is also uniquely qualified to measure construction claims and damages. With over 11 years of construction experience, he has accumulated over 13,000 Engineering and Construction (E&C) auditing hours, 10,000 E&C consulting hours, and 15,000 E&C supervised hours. Construction Claims Services include:

Acceleration Change Orders Costs Defective Plans Differing Site and Concealed Conditions Direct Costs Disruption Evaluating Claims

Indirect Costs Overhead Payroll Fringe Burdens Profit Pre-Qualification Filings Superfund / Hazardous Waste Sites Terminations Other Construction Issues

View EJ Janik's Consulting Profile.

Joe L. Williams, CPCU, partner in Pozmantier, Williams & Stone Insurance Consultants, LLC, has over 60 years of experience as an Insurance Agent / Broker and Insurance Consultant. From 1970 until 2007, he was a principal shareholder in a large Houston firm, Wisenberg Insurance + Risk Management, and was Chairman and CEO when the firm was sold to a subsidiary of Wells Fargo Bank. One of the youngest people ever to receive the CPCU professional designation at the age of 23, Mr. Williams is very familiar with all phases of the insurance industry, including consulting on bad faith, customs and practices, and standards of care. He has particular expertise in property coverage, business interruption, non-subscription, and risk transfer techniques. Litigation Support - Mr. Williams provides expert services to counsel representing both Plaintiff and Defense. He offers objective opinions on the following matters:

• Agent / Broker Bad Faith
• Insurance Industry Customs & Practices
• Agent / Broker Standards of Care
• Coverage Terms and Conditions
• Agent / Broker Services
• Insurance Program Design
• Agency / Company Disputes
• Claims Management by Agent
• Insurance Agency Management

View Joe Williams' Consulting Profile.

Peter John Ingersoll is a distinguished CEO and Corporate Broker for Safe Harbour Equity, Inc., specializing in Cannabis Real Estate and Investment. With over 40 years of experience in investment real estate, construction, development, trust, and banking, Peter's role encompasses a focus on cannabis sector real estate, mergers and acquisitions, and capital advisory services. He has successfully managed complex transactions, capital structures, startup business protocols, and basis transfers.

Litigation Support - As a cannabis thought leader and expert witness, Peter offers services to attorneys for plaintiff and defense for creditor, investor, partner, and founder disputes.

Areas of Expertise:

Cannabis Partner Disputes Cannabis Creditor Rights Cannabis Investor / Founder Disputes Cannabis Capital Structures Cannabis Valuation Cannabis Breach of Contract Cannabis Breach of Fiduciary Duty

Cannabis Sale Leaseback Transactions Cannabis Recapitalization Cannabis Reorganization Plans Cannabis Receiverships Cannabis Unregistered Securities Litigation Cannabis Investor Fraud Cannabis Governance Documents

Background Experience - A former Series 7, 22, and 63 licensee, as well as a Series 65 registered investment advisor, Peter brings a wealth of knowledge in fiduciary responsibilities, real estate and company financing structures, and tax-deferred transactions.

Graduate of Wharton School – University of Pennsylvania – Finance

View Safe Harbour Equity, Inc.'s Consulting Profile.

Dr. Stan V. Smith is a nationally renowned Economist and Financial Consultant providing analysis in simple terms that any trier-of-fact can understand. As an expert consultant to plaintiff and defense attorneys representing clients in Federal State courts, he provides testimony and litigation support services in evaluating damages. 

Dr. Smith provides Analysis, Testimony, and Litigation Support Services in Evaluating Damages for plaintiff and defense attorneys representing clients in federal and state courts nationwide. His concept of Hedonic Damages is acknowledged by judges, attorneys, and legal journalists as one of the most innovative tort concepts in the last 30 years. He has been interviewed and published in dozens of respected professional journals. Dr. Smith has assisted in the successful resolution of thousands of lawsuits on behalf of clients that include many dozens of the nation's largest law firms, the U.S. Department of Justice, as well as thousands of other prominent plaintiff and defense law firms in almost every state. 

Areas of Expertise:

Antitrust Damages Patent Valuation Lost Wages Mergers & Acquisitions Business Valuations & Losses Hedonic Damages Pension Fund Evaluation and Withdrawal Liability Society and Relationship Damage Analysis Identity Theft and FCRA Credit Damages

Security Losses Commercial Damages Employment Discrimination Life Care Plan and other Medical Cost Evaluations Structured Settlement Analysis Personal Consumption and Fringe Benefits Product Liability Injury Losses Lost Earnings Capacity

J. Armand Musey, CFA, JD/MBA, founder and president of Summit Ridge Group, LLC, provides expert witness testimony for the Telecom, Media, and Satellite Industries. Mr. Musey is a highly regarded financial analyst with expertise in Asset Valuation, Business Valuation, Financial Analysis of Economic Damages, and Financial Scenario Analysis.

Mr. Musey also has significant experience in corporate governance and investment research practices. He offers litigation support for clients with complex financial analysis or valuation projects. His background also includes Wall Street research methods and practices on behalf of defendants in insider trading cases.

Mr. Musey's industry knowledge, financial expertise, and extensive writing experience allow him to expediently craft well-argued independent written direct testimony documents that withstand scrutiny in depositions and during courtroom cross-examination. Prior expert witness experience and years of communicating with investors of all types have honed his skills at orally communicating his industry knowledge and financial expertise. Moreover, Mr. Musey's legal background facilitates his ability to communicate with legal professionals, understand the legal relevance of case facts, and efficiently read legal documents.

Areas of Expertise Include:

• Industry and Business
  • Broadband Communications
  • Broadcasting
  • FCC Spectrum Licenses (including orbital slot valuation and wireless spectrum valuation)
  • Satellite Communications Industry and Related Media and Telecommunications Topics
  • Wireless Communications
  • Wireless Spectrum
• Financial and Economic
  • Asset Valuation
  • Business Valuation
  • Financial Analysis of Economic Damages
  • Financial Scenario Analysis
• Other
  • Corporate Governance
  • Investment Research Practices - including accepted used of information sources and relationships with company management

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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 hundreds 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 his YouTube channel, along with blogs, podcasts, webinars. He is the author of multiple acclaimed books, including, “Lessons from 1,000 ERP Implementations,” “Guide to Successful Digital Transformations,” and others.

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, Waste Management v. SAP, 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.; and Whaley Food Service Repairs v. Epicor to name a few. Eric is actively involved in implementations and project recoveries, giving him a 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.

Jo-Anne Daniels has been a International Trade and Transportation Industry consultant for over 25 years. She is the principal and founder of Trade Resources & Associates, a consulting firm that specializes in cross-border transactions, trade compliance, and transportation management.

Ms. Daniels has been a Licensed Customs Broker since 1987 and has experience leading global trade compliance and transportation for multinational corporations, such as, Micron Technology, Aviza, Inc., Flextronics (formerly Solectron), and Applied Materials. She is a frequent invited speaker for trade associations and logistics organizations. Ms. Daniels authored several industry publications and is the past President of the Professional Association of Exporters and Importers.

Litigation Support - Ms. Daniels is an experienced expert witness and has provided expert witness litigation services to both corporations and individuals. She is qualified to provide independent expert opinions, expert reports and declarations, and expert witness testimony at deposition in the matters of International Trade, U.S. Customs laws, U.S. Export Administration, and International Traffic in Arms Regulation and practice.

Areas of Expertise:

Customs and Export Compliance Transportation Management Cargo and Shipping Freight Forwarding Ocean Cargo Logistics

Reverse Logistics and Warehousing Planning and Execution of the Movement of Goods (Domestic / International) Movement of Goods via Trucking and other Transportation Modalities Supply Chain Security Review

View Trade Resources & Associates' 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.