Provided expert report, deposition and trial testimony related to a dispute
between a developer of large-scale Class-A residential apartment projects and a
subcontractor regarding a construction delay claim and breach of contract for
the development of a major 600 unit apartment project. Work performed included
quantification of critical path delays, valuation analysis based on the income
approach, lost profits analysis based on a delay of apartment rentals and
different absorption rates, material and labor cost escalations, unabsorbed home
office overhead, and remediation expenses.
interruption losses, repair and replacement costs on behalf of a publicly traded
REIT stemming from a major fire occurring during the development and
construction of a major apartment complex in Ybor City, Florida. Work included
quantifying property damage and remediation costs as well as lost rents,
additional expenses and out-of-pocket costs during the delay in reconstruction.
Prepared expert report and expert testimony in connection with a claim for lost
profits in a dispute between a redeveloper of a large-scale downtown commercial
office building and a major international financial institution regarding an
alleged breach of an oral agreement to provide additional financing. Work
performed included valuation analysis under various rent rate, tenant
improvement allowance, and absorption assumptions, an analysis of funding needs
for tenant improvement allowances, leasing commission costs, overall central
business district demand for office space, and the review and critique of
retrospective appraisals under different scenarios.
claims consulting services to a financial institution that suffered extensive
property damage at over 50 branch locations, business interruption, and extra
expenses as a result of one of the worst hurricanes on record. Services included
the documentation and presentation of all claim components to the financial
institution's insurance carrier, identification of additional losses,
determination of lost income, preparation of advance requests and interim
claims, and consultation regarding financial disclosures and proper accounting
under Generally Accepted Accounting Principles (GAAP).
testimony in connection with damages resulting from the alleged fraud,
misrepresentations, and breach of contract from the failure of a software vendor
to properly integrate a customer relationship management (CRM) system for a $2.5
billion revenue provider of integrated enterprise communication services.
Valuation analysis included projected sales revenue and related costs savings
lost from the failure to complete the implementation. Also determined other
additional hardware and software license fees and out-of-pocket costs associated
with the failed implementation.
Provided expert report and valuation
analysis in connection with an alleged breach of fiduciary duty claim involving
multi-million dollar losses from hedging oil and gas production with collar and
swap derivatives. The claim also involved a shareholder dispute involving the
alleged failure to disclose subsequent gains realized in oil and gas holdings by
the remaining officers/shareholders after induced liquidations of shareholder
convertible and redeemable preferred stock of non-officer/shareholders. Work
performed included quantification of post-liquidation gains realized by the
officers, valuation of losses resulting from the use of collar and swap energy
derivative instruments as compared to using long put options, analysis of
exposure to price and volume risk, review of market premiums and extensive
Black-Sholes option modeling.
Provided expert report and deposition
testimony in connection with a dispute involving alleged defamation, tortuous
interference with contract, and business disparagement between two competing
solid waste management operations in Texas. Analyzed profitability and
incremental costs associated with waste management activities.
expert testimony in connection with a breach of a preferred stock subscription
agreement related to a series of large scale corporate mergers and acquisitions
contemplated by several public companies in the waste and water industries.
Damages analysis included quantification of additional expenditures, lost
profits and effect of dilution on stock prices.
Provided expert report,
deposition, and trial testimony in connection with the determination of damages
including investments, expenditures, commitments, and lost profits that resulted
from the termination of an exclusive agreement to distribute medical diagnostic
products in Spain and Portugal.
Engaged as the testifying expert and
provided expert analysis of financial information related to a dispute between
an on-line financial services company and an investment banker regarding equity
and debt financing contractual provisions.
Engaged as the testifying expert and prepared analysis of financial
information related to a dispute between a publicly traded international
agricultural products company and a former CEO regarding the ownership of a
Reviewed the damage claims of an offshore work boat company related to
allegations of improper tax accounting advice. Analysis included the financial
and historical performance of the company, along with various economic and
industry factors affecting its performance. The analysis also included a review
of the financial impact resulting from the tax advisory services at issue and a
sensitivity analysis of the hypothetical impact of various other tax positions.
Analyzed the alleged lost profits related to the cancellation of a contract
to lease two hundred automobiles to a federal agency.