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Breach of contract
- Aloha Cat & Dog Hospital, P.C. and 401(k) Plan Trustee v. Standard Retirement Services, Inc. nka Invesmart, Inc. (Oregon District Court, Case No. cv08-927): Expert witness for defense counsel of Third-Party Administrator accused of failing to provide proper advice regarding bonding requirements for Plan assets that were misappropriated by the Plan’s investment manager, Mr. Wesley Rhodes, who was sent to federal prison in connection with the misappropriations. Discovered relevant financial documents and evidence in a previously unknown public warehouse which was maintained by U. S. Securities and Exchange Commission for a related case, discovered previously unknown financial recoveries of Plan losses which were obtained by Trustee, discovered previously unknown evidence which led to counter claims brought by Invesmart against Plan Trustee. Analyzed potential damages and concluded that even if liability were established against Invesmart, damages would be $0. Result: Settlement.
- Door Supply Inc. et. al. v. Alliance Door Products LLC et. al. (Multnomah County Circuit Court, Case No. 0709-10849): Testifying expert for defense counsel in connection with business sale where seller alleged wrongdoing by buyer that caused the failure of seller’s other remaining business. Analyzed financial statements, purchase / sale contracts, and lending agreements to determine that buyer was not the cause of failed business. Prepared for depositions, prepared “fault” model, and provided mediation analysis. Result: Settlement.
- Zorn et. al. v. Shell Oil Company (Oregon District Court, Case No: 3:2005cv00664): Testifying expert to plaintiff counsel in connection with business sale where plaintiff alleged wrongdoing by seller (Fortune 500 Company). Analyzed financial statements, purchase and sale contracts, and prepared damage model. Result: Settlement.
- F.P. Management Corp. et. al. v. Carlos H. Orellana et. al (Multnomah County Circuit Court, Case No. 0702-02094): Testifying expert for defense counsel in connection with termination of contract and allegations of fraud and embezzlement by consultant. Analyzed transactions and financial statements and provided trial preparation. Result: Settlement.
- Oregon Health and Science University v. FamilyCare Incorporated (Multnomah County Circuit Court, Case No. 121216134): Testifying expert for plaintiff counsel in connection with breach of contract claims made against defendant related to reimbursement rates for health care services delivered by plaintiff. Reviewed financial information, patient data, and contract rates to determine amount of damages alleged by plaintiff, prepared damages report, mediation and trial exhibits and assisted counsel in mediation. Result: Settlement.
- Tioga Logging, Inc. v. Millicoma Logging, Inc. (Coos County Circuit Court, Case No. 16-CV-18689): Testifying expert for plaintiff counsel in case involving breach of contract and conversion where a company related to a co-owner of plaintiff allegedly breached his fiduciary duty and defendant was unjustly enriched. Assisted counsel in discovery requests, analyzed financial information, performed forensic accounting analysis, prepared damages calculations, prepared mediation and trial exhibits and assisted counsel in mediation. Result: Settlement.
- Daniel M. Mullinex et. al. v. Sysco Spokane, Inc. (Eastern District of Washington, Case No. CV-13-305-LRS): Testifying expert to plaintiff counsel in the analysis of a contract “earn-out” provision and the use of Generally Accepted Accounting Principles to determine amounts owed to Seller in connection with a business acquisition. Analyzed purchase agreement and all relevant terms, provided expert rebuttal report and deposition, identified previously unknown earn-out provisions that benefitted plaintiff, prepared trial support for plaintiff counsel and recommended strategies for mediation purposes. Result: Settlement.
- The Baseball Club of Tacoma, LLC v. SDL Baseball Partners, LLC et. al. (Superior Court of the State of Washington for the County of King, Case No. 12-2-25136-3 SEA): Consulting expert to defense counsel related to the sale of the Tacoma Rainiers AAA baseball club to a Texas – based hedge fund where plaintiff alleged that the financial statements of the baseball club were materially misstated before the purchase and resulted in a significantly inflated purchase price. Analyzed and rebutted all financial statement allegations, discovered “offsets” to alleged financial statement adjustments, review and analysis of plaintiff and defense valuation reports, provided research and support necessary for “motion to compel” production of international accounting firm audit workpapers, reviewed audit workpapers and obtained support for conclusions drawn, prepared trial support for defense counsel. Result: Settlement.
- The State of Oregon et. al. v. Oracle America, Inc. et. al. (The Circuit Court of the State of Oregon for the County of Marion, Case No. 3:14-cv-1532): Consulting expert to defense counsel related to damages alleged of $6.5 billion over the purported failure of Oracle America, Inc. to properly complete websites and other consulting projects for Cover Oregon and the Oregon Health Authority. Conducted forensic audit of all amounts paid to Oracle America, Inc. by the State of Oregon, including reconciliation of all categories of cost paid and traced all amounts paid to invoices and bank statements. Conducted forensic audit of all amounts paid to the State of Oregon by the United States Federal Government for the same projects and calculated damages in connection with the amounts paid by the State of Oregon. Preparation of trial exhibits and other defense related consulting in preparation for trial. Result: Settlement.
- WSB Investments, LLC v. Pronghorn Development Company, LLC et. al. (Deschutes County Circuit Court, Case No. 11CV0180 ST): Testifying expert for defense counsel in connection with allegations by plaintiff of improper uses of “reserves” funds owned by homeowners’ association, overbillings of “common area maintenance” fees, and underpayment of homeowner association fees by developer, which in part resulted in the loss in value of plaintiff’s condominium investment. Analyzed financial statements and general ledgers of homeowners’ association, analyzed “reserves” studies calculating required reserves, analyzed whether developer failed to make required payments to homeowners’ association, analyzed whether homeowners failed to make required payments to the association, analyzed losses in plaintiff condominium investment caused by “market losses”, and prepared mediation exhibits and discovery requests in anticipation of trial. Result: Settlement.
- Janet C Powers Investments LLC et. al. v. The Lough Road, Inc. et. al (Multnomah County Circuit Court, Case No. 1311-15313): Testifying expert for plaintiff counsel in connection with securities offering by new entity that became insolvent. Analyzed financial statements and financial solvency, quantified financial distress, reviewed related offering document disclosures, and testified at trial. Result: Defense verdict on legal issues.
- First Financial Security, Inc. v. Freedom Equity Group, LLC (U.S. District Court, Northern District of California, San Jose Division, Case No. 15-cv-1893): Testifying expert for plaintiff counsel in connection with damages alleged by plaintiff when certain key employees of plaintiff left their employment with plaintiff and began working for defendant allegedly in violation of various agreements. Analyzed significant financial information, contracts and depositions, calculated lost profits of plaintiff and prepared expert report regarding damages and methodologies. Result: Settlement.
- MFG LLC dba International Business Associates v. Bonzi Technology, Inc. (Washington County Circuit Court, Case No. 16CV25518): Testifying expert for defense counsel in connection with allegations by plaintiff that a contract existed between plaintiff and defendant regarding business brokerage services and related commissions alleged to be owed by defendant. Analyzed technical resources available to plaintiff in connection with services alleged to have been provided, resources plaintiff utilized in performing services, experience of plaintiff in delivering services, specific advice and value-added services provided, and forensic audit analysis of the indicators of a contract and the value of services delivered. Testified at trial related to my work and opinions. Result: Plaintiff verdict on legal issues and settlement on alleged damages amount.
- Lender/Property Owner v. Winery Company (A Matter of Arbitration, Portland, Oregon): Testifying expert for defense counsel in connection with breach of contract claims alleged by plaintiff where defendant asserted counterclaims of contract interference and alleged lost profits. Analyzed forecasted financial statements, sales history reports and conducted market research to determine lost profits associated with defendant’s counter claims where historical financial statements were not presented into evidence, prepared damages report, trial exhibits, and testified at arbitration hearing. Result: Settlement.
- Business Owner v. Oregon State Social Services Organization (A Matter of Arbitration, Portland, Oregon): Testifying expert for plaintiff counsel in connection with breach of contract claims alleged by plaintiff where plaintiff asserted breach of contract and lost profits. Analyzed business agreement, historical and prospective financial information and income tax returns, conducted market research, prepared lost profits calculation associated with plaintiff claims, prepared trial exhibits and testified at arbitration hearing. Result: Pending.
- Jubitz Corporation v. Vancouver Hospitality Partners (Superior Court of the State of Washington for the County of Clark, Case No. 17-2-05075-3): Testifying expert to plaintiff’s counsel in claims related to breach of contract of joint parking agreement of adjacent hotel property. Analyzed contract terms, financial information and prepared calculation of potential damages for mediation and trial purposes. Result: Settlement.
- Comforcare Hillsboro McMinnville Corporation v. Marissa Phillips and Because It’s There, LLC. (Washington County Circuit Court, Case No. 18CV24348): Testifying expert to defense counsel in the calculation of potential damages alleged by plaintiff misappropriation of trade secrets case. Analyzed financial and franchise information, calculated potential damages, prepared mediation exhibits in anticipation of settlement or trial. Result: Settlement.
- Former Shareholder v. Service Company (A Matter of Arbitration, Portland, Oregon): Consulting expert for plaintiff counsel in connection with breach of contract claims related to earn-out provisions of a business sale agreement. Analyzed sale contract, financial statements, sales history reports and bank statements to determine additional purchase value withheld from Former Shareholder. Prepared damages report and exhibits in anticipation of trial or settlement. Result: Settlement.