Mergers and Acquisitions Expert Witnesses: 19

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

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

Areas of Expertise:

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

Curtis R. Kimball, CFA, ASA, is an experienced Financial Valuation Analyst and the national director for WMA’s Wealth Management Valuation Practice. Mr. Kimball works with the firm’s regional, national, and international clients out of WMA’s Atlanta regional office, which he opened in 1995. He has been valuing private company interests and restricted interests in public companies, intellectual properties, and other intangible assets, rights, claims, and investments for a variety of purposes for over 40 years.

Litigation Support - Mr. Kimball has presented Business Appraisal and Valuation expert witness testimony in federal (U.S. Tax Court, U.S. District Court, U.S. Court of Federal Claims, and U.S. Bankruptcy Court) and various state courts and in alternate dispute resolution venues, including mediation and binding arbitration, and has extensive experience with appearances in IRS appellate conferences. He has appeared over 70 times as an expert witness on valuation issues.

Areas of Expertise:

Estate and Gift Tax Analysis of Investments Asset Protection Buy-Sell Agreement Trust Fiduciary Liability Family Dispute Pre-Nuptial / Marital Expatriation Equity and Reasonable Compensation Shareholder Oppression Sales of Family-Owned Businesses Intellectual Property - Patents, Copyrights, Royalties Rights and Contract Disputes

Non-compete Clauses Charitable Valuation Issues Income Tax Transaction Feasibility and Appraisals Merger and Acquisition Valuations Fairness Opinions Solvency Analysis ESOP Feasibility / Annual Update Valuations Insurance Appraisals Review and Rebut Expert Work Damages and Lost Profits Analyses Bankruptcy and Restructuring Analysis and Valuation Business Entity Appraisal Full List of Forensic Analysis and Expert Testimony Services

Degrees / Certifications:

• CFA - Chartered Financial Analyst (CFA Institute)
• ASA - Business Valuation (American Society of Appraisers)
• ASA - Appraisal Review & Management (American Society of Appraisers)

View Willamette Wealth Management's Business Consulting Profile.

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.

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

View 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

Peter John Ingersoll is a distinguished CEO and Corporate Broker for Safe Harbour Equity, Inc., specializing in Cannabis Real Estate and Investmentt. 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.

Joe L. Williams, CPCU, partner in Pozmantier, Williams & Stone Insurance Consultants, LLC, has over 55 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.

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.

Robert Bates, JD, CPA, CFE, CVA, has over 30 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 125 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.

Beat K. Schlumpf, FCILT,  is an Expert in European Supply Chain Management, Networks and Logistics. Mr. Schlumpf has over 40 years of experience in supply chain execution. He is one of the few experts worldwide with operative experience of all carriers (Sea, Air, Road, Rail) and all speeds (heavy lifts, general cargo, full load, parcel, express, mail, courier).

Mr. Schlumpf has extensive knowledge in a broad range of management assignments. He has experience and professional competence in distribution logistics for manufacturers, retailers, producers, forwarding and transportation companies as well as postal operators (textile, machinery, postal services, mail, parcel, express, and transportation industries.)

Litigation Support: Few lawyers deal with the legal aspects of the entire supply chain. They are mostly specialized in certain fields and lack an overall assessment. Mr. Schlumpf can help attorneys for plaintiff and defendant through complex supply chain management issues and applicable law. His services are available internationally.

Mr. Schlumpf has acted as an Expert at the UNCTAD and was featured speaker on practices and operation used by global freight logistics firms for the World Trade Organization (WTO) and lecturer for distribution logistics. He has published articles on outsourcing, one stop shopping, co-operation with forwarders and integrators, and new inventing Operations Audit to increase efficiency.

Areas of Expertise:

Transport Damage Freight Forwarder's Liability Carrier's Liability

Load Securing Transport of Dangerous Goods Customs

View GSL Consulting's Business Consultant Profile.

Khurshid Khoja, Esq., is CEO of Greenbridge Corporate Counsel, P.C. founded in 2012 to represent businesses and non-profits in the Legal Cannabis (Marijuana, Hemp, and Synthetic Cannabinoids) and Psychedelics industries on Regulatory and Transactional Matters.

Khurshid serves on the Board of the National Cannabis Industry Association (NCIA), previously serving as its Chair, and is Co-chair of Policy for NCIA. He also served on the Board of the Minority Cannabis Business Association (MCBA), as Co-chair of its Policy Committee, and as a Founding Board Member and General Counsel of the California Cannabis Industry Association.

Khurshid has participated extensively in legislative drafting, as well as executive agency rulemaking proceedings in connection with Federal and California cannabis and psychedelics laws. He has also served as an appointed member of the California Treasurer’s Cannabis Banking Working Group, and was primary author of MCBA’s Model Municipal Social Equity Ordinances. Khurshid appeared on The National Law Journal’s first ever Cannabis Law Trailblazers’ list in 2018, and frequently speaks at events organized by NCIA, MJ Biz Daily, the Cannabis Regulators Association (CannRA), and the National Organization for the Reformation of Marijuana Laws (NORML), among others.

Litigation Support - Khurshid serves as an expert witness with significant experience in highly regulated industries (including the cannabis, pharmaceutical, energy, and insurance sectors) representing mission-focused companies and organizations in the marijuana, hemp, synthetic cannabinoid and psychedelics sectors. He recently participated in a trademark litigation involving a branding dispute between a licensed cannabis company and a well-known manufacturer of smoking accessories that involved analysis of both the pre-regulated and post-regulated cannabis industry in California.

Areas of Expertise:

Cannabis (including Marijuana, Hemp, and Synthetic Cannabinoids Psychedelics (including Psilocybin) Schedule I Controlled Substance Research  Cannabis Intellectual Property Marijuana Banking and Payments Social Equity Licensing Programs Controlled Substance Statutes Controlled Substance Regulations

Cannabis Legislation Controlled Substances Act Food Drug and Cosmetics Act 2018 Farm Bill Anti-Money Laundering (AML) Laws DEA / FDA / FinCEN Regulations California Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA California Department of Cannabis Control

View Greenbridge Corporate Counsel LLC's Consulting Profile.

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.

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.

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.

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.