Experienced expert witness with proven track record of success in high profile cases
Expertise in evaluating economic damages, present values, life contingencies, mortality rates
In a 5 to 3 majority opinion, Chief Justice Roberts twice cited an amicus brief that I structured and coordinated. According to client, this was key to swinging the case in their favor
Testified as expert in Federal Court in New Orleans, Miami, Tampa, Newark and New York; state and local courts in Tacoma (WA), Montgomery County (MD), Waukesha (WI) [jury trial] and New York City [jury trial]; appeared in federal bankruptcy court in Wilmington, Delaware and Springfield, Massachusetts
Testimony cited by Federal judge as basis for bench ruling in favor of my client that it had no liability and there were no damages
Testified in multiemployer withdrawal liability arbitrations, representing both employers and funds, depending on the issue
Have served as expert in ADA, ADEA, ERISA, IRS tax, multiemployer, employment fraud, actuarial malpractice, divorce, health care underwriting and design, and insurance misrepresentation cases
Reservation of rights case: Demonstrated that plaintiffs had cut benefits when they had been company’s executives, thereby belying their claim that they had not intended for the company to have the right to cut benefits, notwithstanding the standard reservation of rights language
204(h) notice class action: Analyzed whether or not benefits actually had been reduced and testified regarding the choice of assumptions and whether or not salaries should have been projected as flat or as increasing
Cash balance backloading class action: Demonstrated algebraically that there was no backloading
ADEA case against a foreign flag carrier: Testified regarding the quantification of damages, demonstrating that even if discrimination had taken place, damages were negative
IRS tax mediation—claim of worthless stock capital loss with respect to a subsidiary: Supported tax claim for a $1.5B capital loss by justifying the selection of discount rate and the valuation put on multiemployer liabilities
ADA: Supported employer’s long term disability plan design by demonstrating that adding certain provisions to the insured program would have resulted in a material cost increase
Multiemployer plan bifurcation: Assisted a multiemployer pension plan design partition rules that withstood a challenge to the Third Circuit, while still preventing a major employer from effectively withdrawing without a withdrawal liability
Advised insurance company on settling a case arising from sale of COLI to "top hat" plan by warning of Title I issues that not yet surfaced, notwithstanding excellent defenses to filed claims arising from financial underperformance of insurance policies
Abandoned defined benefit pension plan where PBGC had asserted lack of jurisdiction: Developed an appropriate allocation of plan assets among participants and testified in Federal Court, with allocation method adopted by Court
Government 457 plan with most of the funds for a highly transient group of employees "invested" in high commission whole life policies: Prepared an analysis and expert report
Corporate litigation against executive for slipping major SERP enhancement through as minor changes needed to comply with recent tax legislation
Challenged findings of PBGC post termination audits
