Orange County v. Merrill Lynch et
al. Retained by Michael
Hennigan and Jim Mercer of Hennigan, Mercer and Bennet, the special
counsel for Orange County and Orange County District Attorney
William Overtoom to value the Countyís portfolio, analyze
its risk exposure at various points in time and determine the
impact of various trades on the performance of the portfolio.
Testimony in bankruptcy court, December 1994. Testimony before
the Grand Jury, February 1996
Fibreboard Corporation Asbestos Litigation.
Retained by Michael Molland
of Brobeck, Phleger & Harrison, attorneys for Fibreboard to
develop a to estimate future investment performance of the settlement
fund and to develop computer model to simulate the ability of
the future to pay future claims and expenses. Deposition December
1993. Trial testimony January 1994.
Columbia Gas Transmission Corporation
v. Columbia Gas Systems, Inc.
Retained by Sidley and Austin to provide valuation analysis related
to the bankruptcy of Columbia Gas Transmission Corporation. Analysis
focused on valuation, solvency and the usefulness of the independent
lender test to determine under capitalization. Deposition and
trial testimony, October 1994.
Rodime Patent Litigation. Retained
by Robert Sacks of Sullivan and Cromwell on behalf of Rodime to
evaluate the damages to Rodime from Seagateís failure to
honor patents related to the development of 3 1/2 inch hard drives.
Deposition January 1994.
Sunkyong America, Inc. v. Pinkertonís,
Inc. Retained by Elizabeth
Mann of Howrey and Simon to estimate the damages, if any, associated
with Pinkertonís alleged improper acquisition of excess
inventory from Sunkyong America. Deposition January 1994.
Insurance Commissioner of California
v. Executive Life Insurance Co. Retained
by Kenneth Heitz of Irell & Manella and Ted Miller of Sidley
& Austin, attorneys for Altus France, to opine whether the
transaction in which Altus France purchased a portfolio of high-yield
bonds from Executive Life was financially fair. Declaration August
1993. Judge Lewin ruled the transaction was fair in September
1993.
Hawkins v. Arthur D. Little.
Retained by Russell Sauer of Latham and Watkins, attorney for
Arthur D. Little, to value Arthur D. Littleís valuation
subsidiary. Deposition March 1993. Case settled November 1993.
Leonard Green & Partners v. Roger
B. Wachtell. Retained by
Michael Hennigan of Howrey and Simon to value a general partnership
interest in Green Equity Investors, a leverage buyout fund managed
by Leonard Green & Partners. Deposition August 1992.
Salomon Brothers Profit Analysis.
Retained by Salomon Brothers
to work in conjunction with the firm's staff and attorneys from
Cravath, Swaine & Moore and Munger, Tolles & Olson to
estimate profits earned by Salomon as a result of improper bidding
in auctions of U.S. Treasury securities. Report November 1991.
Burlington Northern Valuation Litigation.
Retained by Jim Richmond
from the Attorney Generalís Office in Washington and by
C.A. Daw of Chandler, Dillon & Allyn to analyze appraisal
of Burlington Northern Railroad. Deposition July 1991. Trial
Testimony in Washington July 1992. Trial testimony in Iowa October
1992.
CF&I Fabricators of Utah v. The
Pension Benefit Guarantee Corporation. Retained
by John Labovitz of the law firm of Steptoe & Johnson attorneys
for the Pension Benefit Guarantee Corporation to determine the
appropriate rate for discounting the companyís pension
liabilities. Trial testimony November 1992. In January 1993,
the judge ruled in favor of the Pension Benefit Guarantee Corporation
on this issue.
Golden State Transit v. The City
of Los Angeles. Retained
by Alan Rothenberg of Latham and Watkins, attorney for the City
of Los Angeles, to estimate the value of Golden State Transit
as of the end of the spring of 1981 for the purpose of computing
damages. Deposition testimony March 1991 and April 1991. Declaration
April 1991. Trial testimony June 1991.
Beverly Enterprises v. Bernard A.
Magdovitz. Retained by Henry
Kupperman of Brobeck, Phleger & Harrison, attorneys for Laventhol
& Horwath, to analyze the relation between accounting information
and corporate valuation in the context of a corporate acquisition.
Deposition testimony July 1990.
ATT v. State Board of Equalization.
Retained by Ed Hollingshead of the California State Attorney
General's Office to analyze the State Board of Equalization's
valuation of ATT real property for tax purposes. Deposition testimony
September 1989. Trial testimony October 1990.
Weller v. ABC.
Retained by Paul Flum of Morrison & Foerster, San Francisco,
attorneys for ABC, to estimate the alleged lost business damages
resulting from the broadcast of an investigative reporting series.
Deposition testimony October 1986. Trial testimony April 1989.
Crocker Bank v. The City of San Francisco.
Retained by James Bennett of Morrison & Foerster, San
Francisco, attorneys for Crocker Bank, to analyze the present
value of calculations of the net costs imposed on the municipal
transit system by new construction activity. Deposition testimony
January 1984. Trial testimony May 1984.
Atchison, Topeka and Santa Fe, et al.
v. The State of California.
Retained by Ed Hollingshead of the California State Attorney
General's Office to evaluate appraisals prepared by the railroadsí
experts. Deposition testimony January 1984. Trial testimony
July 1984.
Union Pacific v. State of Idaho.
Retained by C. A. Daw of the Idaho Attorney General's Office
to testify on the value of Union Pacific Railroad. Deposition
testimony September 1983. Trial testimony January 1984.
Trailer Train v. The State of California.
Retained by the California Board of Equalization and the Attorney
General's office to evaluate whether Trailer Train was earning
a competitive rate of return on its investment in railroad
cars. Testimony before the Board of Equalization January 1983.
Trial testimony July 1983.
Mentor Implant Litigation. Retained
by William Griffin of Brobeck, Phleger and Harrison on behalf
of Mentor to analyze the impact of settlements and judgments of
breast implant litigation on Mentorís ability to survive
as a going concern. Declaration August 1993.
Southern California Gas Co. v. Texaco,
et. al. Retained by Steven
Marenberg of Irell & Manella and Steven OíNeill of
Shephard, Mullin on behalf of a group of oil companies including
Texaco, Shell and Exxon to estimate the damages associated with
the delivery of gas with an unusually high level of nitrous oxide.
Deposition January 1995.
RTC v. Stroock, Stroock & Lavan.
Retained by Peter D. Keisler and David L. Lawson of Sidley &
Austin, attorneys for Stroock, Stroock & Lavan, to evaluate
damages, if any, associated with investment in high yield bonds
by Commonwealth Savings and Loan, and to analyze the impact of
those investments on the institutionís growth. Deposition
December 1993. Trial Testimony April 1994. Summary judgment
was granted in favor of Stroock by Federal Judge Gonzalez.
Ahmanson v. Salomon. Retained
by Robert Mazur and Douglas Liebhafsky of Wachtell, Lipton, Rosen
& Katz to evaluate the analysis performed by Salomon with
regard to Ahmansonís acquisition of the Bowery and to value
certain income maintenance contracts between the Bowery and the
FDIC. Expert report September 1993. Case settled September 1993.
Gill vs. American Savings Bank.
Retained by Al Karel of Brobeck, Phleger and Harrison on behalf
of the FDIC to estimate the value and solvency of American Savings
at specific time periods, and to estimate the value of notes transferred
between American Savings and its parent corporation, Financial
Corporation of America.
Study of the Secondary Market for
LDC Debt. Retained by the
law firm of Munger, Tolles and Olson on behalf of special committees
of the Boards of Directors of the Bank of America and Security
Pacific National Bank to analyze the nature of the secondary market
for LDC debt and to determine whether there was evidence that
Security Pacificís trader executed trades that were below
ìmarket prices.î Report and presentation to the
special committee of the Security Pacific Board, September 1991.
Presentation to the special committee of the Bank of America
Board, June 1992.
Dai-ichi Kangyo Bank et. al. v. Bank
of America. Retained by
a consortium of law firms including Skadden, Arps, Slate, Meagher
& Flom; Willkie, Farr & Gallagher; Jones, Day, Reavis
& Pogue; and Sherman & Sterling representing eight of
the world's largest banks including DKB, Sumitomo, Mitsubishi,
Citibank and Rabobank Nederland to estimate the damages resulting
from the improper servicing of government insured student loans.
I worked primarily with Richard Drooyan of Skadden, Arps and
Francis Menton of Willkie, Farr. Damage report September 1991.
Deposition November 1991. Case settled March 1992.
SCI Television v. Ronald O. Perelman.
Retained by Paul Rowe of
Wachtell, Lipton, Rosen & Katz, attorneys for Mr. Perelman,
to evaluate aspects of the question regarding whether fair consideration
was paid when SCI Television purchased the stock of New World
Entertainment and Four Star International. Declaration March
1994.
Tucson Electric Power v. SCE Corp.
Retained by the law firm
of Munger, Tolles and Olson on behalf of SCE Corp. to analyze
the impact of SCEís bid for San Diego Gas and Electric
on Tucson Electric Power in light of TEPís pending merger
with SDG&E at the time of the bid. Deposition August 1992.
Case settled September 1992.
Knudsen Milk Producers Litigation.
Retained by Richard Posell of Shapiro, Posell & Close to
evaluate the leveraged buyout of Foremost by Winn Enterprises
from a financial standpoint. Deposition August 1992. Case settled
September 1992.
Maxus v. Kidder, Peabody & Co.
Retained by Marc Palay of Jones, Day, Reavis & Pogue to analyze
the behavior of Natomas stock price prior to a bid by Diamond
Shamrock to determine whether the price of Natomas was affected
by trading by Ivan Boesky and, if so, to estimate the resulting
impact on the price paid by Diamond Shamrock to acquire Natomas.
Deposition July 1992. Case settled October 1992.
Epstein v. MCA. Retained
by Paul Rowe of Wachtell, Lipton, Rosen & Katz and by John
Spiegel of Munger, Tolles & Olson, attorneys for MCA and Matsushita,
to compare the value of preferred stock to be received by Mr.
Wasserman with the value of the $66 cash tender offer made to
MCA shareholders. Declaration December 1990. Case decided in
favor of MCA December 1990.
Rudd et. al. v. Kerkorian et. al.
Retained by Michael Hennigan of Hennigan & Mercer, Los Angeles,
attorneys representing the shareholders of United Artists, to
provide a valuation of the United Artists Film Library and related
assets in connection with the formation of New United Artists.
Two declarations May 1989. Deposition testimony June 1990. Case
settled September 1990.
Colan v. Mesa Petroleum.
Retained by Darryl Snider of Brobeck, Phleger & Harrison,
attorneys for Unocal, to evaluate the economics of the purchase
of a large block of Unocal shares by Mesa partners via Jefferies
& Co. Affidavit December 1988. Deposition testimony September
1989. Case settled January 1993.
Heckmann et. al. v. Ahmanson, et.
al. Retained by Michael
Hennigan of Hennigan & Mercer, Los Angeles, attorneys representing
the shareholders of Walt Disney Productions, to estimate the damages
to shareholders resulting from the Disneyís repurchase
of shares from Reliance, Inc. at a premium price. Deposition
testimony June 1989. Trial testimony July 1989. Case settled
July 1989.
Anheuser Busch v. Paul Thayer, et. al.
Retained by Paul Wolff and Lewis Ferguson of Williams & Connolly,
Washington, D.C., attorneys for Anheuser Busch to determine if
insider trading of Campbell Taggart, Inc. had an impact on the
companyís stock price and caused Anheuser Busch to pay
an inflated price when it acquired Campbell Taggart. Deposition
testimony December 1987 and March 1988.
Newhall Land and Farming Class Action.
Retained by James Schropp of Fried, Frank, Harris, Shriver &
Jacobson and Luther Orton of Brobeck, Phleger & Harrison,
attorneys for Newhall Land, to analyze the impact of partnership
amendments on the welfare of unitholders. Affidavit May 1988.
Rosenbaum et. al. v. National Medical
Enterprises. Retained by
Robert Warren of Gibson, Dunn & Crutcher on behalf of NME
to analyze the extent of potential damages associated with alleged
failures to disclose problematic practices at the companyís
psychiatric hospitals. Testimony at settlement hearing before
Judge Irving July 1993. Follow-up report June 1994.
George J. Wade, et al. v. Industrial
Funding Corp., et al. Retained
by Evan Schwab of Bogle & Gates on behalf of Industrial Funding
Corp. to analyze the damages, if any, associated with alleged
violations of Rule 10(b)-5 and Section 11 with respect too release
of information regarding the quality of the companyís existing
lease portfolio and future earnings expectations. FinEcon also
analyzed the adequacy of the risk factors contained in the Prospectus
and the untimeliness of plaintiffsí filing their class
action complaint. Declaration June 1994.
Heart Technology Class Action.
Retained by Evan Schwab of Bogle & Gates on behalf of Heart
Technology to analyze the damages, if any, associated with alleged
violations of Section 10b-5 and Section 11 with respect to release
of information regarding the development and financing of a new
medical device. Deposition January 1994.
Cement Masons Pension Trust Arbitration.
Retained by the Cement Masons
Pension Trust and Mitchell Hutchins, the investment advisor to
the Trust, to help settle a dispute regarding investments in
mortgage backed securities on behalf of the Trust. The matter
was settled in December 1993.
First Fidelity Bancorporation v.
National Union Insurance Co. Retained
by Gary Battistoni and Stuart Law of Drinker, Biddle & Reath
on behalf of First Fidelity to analyze the impact of disclosures
made by the bank on the price of its common stock and to estimate
related damages. Deposition December 1992.
Mentor Corp. Class Action.
Retained by Darryl Snider of Brobeck, Phleger & Harrison,
attorneys for Mentor to evaluate the impact on Mentorís
stock price of information regarding FDA evaluation of a new medical
device. Deposition August 1992.
Salomon Forex, Inc. v. Laszlo N.
Tauber. Retained by William
D. Iverson of Covington & Burling on behalf of Salomon Forex
to analyze the impact of bids in various Treasury auctions on
foreign exchange rates and to study the prices received by Dr.
Tauber in transactions involving forward and option contracts
on foreign exchange. Deposition February 1992. Two declarations
March 1992. Salomon Forex was awarded summary judgment on all
counts in March 1992.
State of West Virginia v. Morgan
Stanley & Co. and Goldman, Sachs & Co. Retained
by Scott Wise of Davis, Polk & Wardwell and Norman Feit of
Sullivan & Cromwell on behalf of Morgan Stanley & Co.
and Goldman, Sachs & Co. to analyze trading by the State of
West Virginia in government securities. Deposition December 1991.
Trial testimony April 1992. Jury awarded $4 million in damages
to the state, but found no evidence of fraud. Prior to my testimony
the judge ruled as a matter of law that over $32 million in damages
were caused by ultra vires transactions. The case is on appeal.
FHP International Corp. Class Action.
Retained by John Spiegel of Munger, Tolles & Olson, attorneys
for FHP, to analyze the impact of disclosures by FHP about ongoing
developments in the health maintenance organization business and
about FHPís marketing practices on the price of FHPís
stock. Declaration March 1992.
Ramtek Corp. Class Action.
Retained by Charles Patterson and Kenneth Hagen of Pillsbury,
Madison & Sutro, attorneys for Sidler Amdec Securities to
analyze the pricing of Ramtek convertible debentures in light
of various disclosures by the firm. Deposition October 1991.
Case settled March 1992.
DeLaurentiis Entertainment Group
Class Action. Retained by
William Lerach and Kirk Hulett of Milberg, Weiss, Bershad, Specthrie
& Lerach, San Diego, attorneys for the DEG shareholders to
estimate what the value of DEG would have been had the company
made additional disclosures following the issuance of DEG stock.
Deposition March 1991.
Saatchi & Saatchi Class Action.
Retained by Darryl Snider of Brobeck, Phleger & Harrison,
attorneys for Saatchi & Saatchi, to analyze the impact of
disclosures made by Saatchi on the price of the companyís
securities. Declaration February 1991.
Miniscribe Class Action. Retained
by Cary Lerman of Munger Tolles & Olson, Robert Gooding of
Howard, Rice, Nemerovski, Robertson & Falk and James Scarboro
of Arnold & Porter, attorneys representing Miniscribe and
its management, to evaluate the economic issues involved in a
variety of class action lawsuits filed on behalf of the shareholders
and bondholders of Miniscribe. SEC submission November 1990.
Declaration December 1990.
Carolco Pictures Class Action.
Retained by William Lerach and Eugene Mikolajczyk of Milberg,
Weiss, Bershad, Specthrie & Lerach, San Diego, attorneys for
Carolco shareholders to analyze the economic impact on the shareholders
of Carolcoís repurchase of shares from Mario Kassar and
related transactions. Declaration November 1990. Amended declaration
December 1990.
City of San Jose v. Paine, Webber,
Jackson & Curtis, et. al.
Retained by Jan Adler of Milberg, Weiss, Bershad, Specthrie &
Lerach, San Diego, attorneys for the City, to evaluate the financial
risk of leveraged trading in government securities and to calculate
damages to the City from unsuitable transactions in government
securities. Declaration June 1989. Deposition testimony August,
September and October 1989. Trial testimony May 1990. Jury awarded
plaintiffs $30 million in damages June 1990.
First Interstate Class Action. Retained
by John Spiegel of Munger, Tolles & Olson, attorneys for First
Interstate, to analyze the impact of disclosures made by the bank
on the price of their common stock and to estimate related damages.
Prepared detailed charts and valuelines. Case settled September
1990.
Altos Computer Class Action.
Retained by Jerome Congress of Milberg, Weiss, Bershad, Specthrie,
& Lerach, New York, attorneys representing the Altos
shareholders, to estimate the damages resulting from the alleged
failure of Altos Computer to disclose relevant information about
market conditions when issuing stock in 1982. Deposition testimony
April 1989.
Washington Public Power Supply System
(WPPSS) Class Action. U.S.
District Court for the Western District of Washington, M.D.L.
No. 551. Retained by Leonard Simon of Milberg, Weiss, Bershad,
Specthrie & Lerach, San Diego, California, attorneys
representing the WPPSS bondholders, to evaluate economic issues
associated with financial instruments. Deposition testimony April
1988.
Laureys v. Commissioner.
Retained by Ted Kletnick, Internal Revenue Service, New York
to evaluate the economic risk involved in option straddle transactions.
Report filed December 1987. Trial testimony April 1988.
Chairman, Los Angeles Blue Ribbon
Commission on City Investments.
Appointed by Mayor Riordan to serve as Chairman of a Blue Ribbon
Commission to examine the Cityís four major funds: the
City Treasurerís fund and the pension funds for Police
and Fire, City Employees and Water and Power. The Commission
was asked to pay particular attention to the risks associated
with investment in derivative securities.
SEC, CFTC v. Kemper Financial Services
Inc. Retained by Ann Tighe
of Cotsirilos, Stehpenson, Tighe & Streicker, attorneys for
Kemper Financial, to analyze the relation between trading in S&P
500 futures contracts and underlying equity securities across
a number of funds managed by Kemper.
ContiCommodity Services Litigation.
Retained by David T. Pritikin of Sidley & Austin, attorneys
for Continental Grain, to evaluate the economic impact of trades
in government securities and related futures contracts. Declaration
May 1989. Trial testimony March 1992. Jury awarded Continental
Grain $137 million in damages. Subsequently retained by Mike
Clark, the U.S. attorney, to testify in a criminal trial related
to the same trading. Trial testimony August 1992. The defendant
was found guilty.
Ferruzzi Group v. Chicago Board of
Trade. Retained by Larry
Hunt of Sidley & Austin, attorneys for Ferruzzi, to evaluate
the impact of Ferruzziís soybean trading on the world market
for soybeans in the summer of 1989. Declaration July 1990. Testimony
in a hearing at the Chicago Board of Trade December 1990. Case
settled March 1992.
Hunt v. IRS; U.S. Tax Court, Washington,
D.C. Retained by Lawrence
Fossi and Ewing Werling of Vinson & Elkins, Dallas, attorneys
for Nelson Bunker Hunt, to analyze the value of loans, collateralized
by futures contracts between members of the family of Nelson B.
Hunt. Expert report submitted November 1987. Trial testimony
January 1988.
Spin-off of Air Touch Cellular.
Retained by Jerry Thayer of the California Public Utilities Commission
on behalf of the Division of Rate Payer Advocates to analyze the
financial impact on rate payers of the spin-off of Air Touch Cellular
from Pacific Telesis. Testimony before Administrative Law Judge,
March 1994.
Kern River Cost of Capital Study.
Retained by Kathryn Edwards of Travis & Gooch on behalf of
gas producers who ship their product through the Kern River Gas
Pipeline to estimate the cost of equity capital for the pipeline.
Report on the cost of capital March 1993. Testimony at the Federal
Energy Regulatory Commission, December 1993.
Columbia Gas Transmission Company
Bankruptcy. Retained by
David Bennett of Thompson and Knight on behalf of a consortium
of natural gas producers in the Southwest to estimate the appropriate
discount rate to use when discounting bankruptcy claims that arose
when Columbia defaulted on long-term natural gas contracts with
the producers. Declaration May 1993. Arbitration testimony August
1993.
Study of the Valuation of Rate Base
Regulated Utilities. Commissioned
by a consortium of counties in the State of California to examine
the relation between market value and various cost based measures
of value for regulated telecommunications firms. The purpose
of the study was to determine whether a systematic relation exists
which can be relied upon in the determination of fair market value.
TA6-307 by Kuparuk Transportation
Company. Retained by Terry
Bird of Nutter, Bird, Marella, Boxer, Wolpert & Matz,
Los Angeles, attorneys for the State of Alaska, to evaluate the
appropriate rate of return on a crude oil pipeline in Alaska.
Expert witness report filed September 1987.
Southern Union v. New Mexico Gas
Consumers Class Action.
Retained by John Spiegel of Morrison & Foerster, San
Francisco, attorneys for Southern Union, to analyze the effect
of a natural gas pricing agreement on the stock prices of
several gas producers. Deposition testimony February and July
1984.
Equitec Rollup Litigation. Retained by John Millian of Gibson, Dunn & Crutcher on behalf of Dean Witter to analyze the impact of a rollup on the value of a group of limited partnerships. Deposition May 1993. Declaration June 1993. Trial testimony March 1994.