(949) 263-8700

MCS ASSOC
MCS ASSOC

(949) 263-8700

  • Home
  • About Us
  • Expert Witness Services
  • Expert Witness Assignment
  • Our Clients
  • Our Experts & Consultants
  • Links
  • Contact Us

Some of our Expert Witness & Litigation Assignments

Directory

Banking Operations & Administration

Management & Director/Office Functions

Loan Underwriting and Administration

Business Lending

Construction Lending

Forclosure, Workouts & Bankruptcy

Mortgage Banking/Loan Servicing

Wrongful Termination & Compensation

Securities, Investments & Brokerage

Real Estate

Insurance

Damages & Economic Analysis

Accounting

Banking Operations & Administration

Banking Operations & Administration

… banking operations

… negotiable instruments

… check fraud

… funds transfers

… trust operations

… private banking

… foreign exchange

… international        operations

… credit cards

… investment banking

Lukins & Annis: Bank of America adv Sherman et al

Checking account operations; account opening custom and practice; bank account monitoring duties

Reback Hulbert McAndrews: Herzog adv Puma

Bank operations procedures for blocked accounts, account opening practices;

Markowitz, Herbold, Glade et al: Hostmann, Inc. v Chase Manhattan Bank

Exception items processing standards; Trustee banking account services

Clausen Miller: Tower Group International v Wells Fargo Bank et al

Check fraud; checking account opening procedures; endorsement verification requirements

Evans & Heil: Litke v Bank of America

Bank depository procedures; verification of check endorsements; review of banking statements

Clausen Miller:  Travelers Insurance v Fulton Bank

Forged checks and endorsements review, ATM deposit practices

Gibson Dunn & Crutcher: Cryoquip adv Tokai Bank

Checking account fraud; deposit acceptance procedures; endorsement verification standards

Pettibone Law Office: Gresean Industries adv Wells Fargo Bank et al

Check and wire transfer fraud; bank process, custom and practice

Firestein & Farrugia: Truck Insurance v Wells Fargo v  

Check cashing procedures and standard of care; endorsement verification practices; check fraud.

Drummy King White: Tabaz v Refkin

Checking account fraud; account opening practices; signature verification; contributory negligence

Heller Ehrman White & McAuliffe: Economic Overseas Development Corp. v Norcross

Check endorsements, signature verification and bank checking account controls and procedures

Ronald Gallant Law Office: Miller v Home Savings FSB

Bank operations policies and practices; Check cashing, signature verification, account changes

Cozen & O'Connor: Fireman’s Fund Insurance v Bank of America

Signature/endorsement verification procedures and policies; check cashing practices

Jolley Unga Wirth: Driggers v Driggers

Checking account signature card procedures; account ownership and withdrawal requirements

Nagler & Associates: Premium Commercial    

NSF checks handling; re-deposit and notification procedures; offsets against lines of credit

Nelson & Freedman: Los Robles Bank v  

Banking  operations; signature verification standards and practices; contributory negligence

Ronald Parsons Law Office: Sarihan v Great Western Bank, Meyers Securities

Banking industry standards and practices for acceptance and cashing of cashiers checks

Gebhardt & Smith: First National Bank of Maryland adv Kirby

Checking account payments, signature/endorsement verifications; loss protection procedures

Gibbons Lees & Connely: Coachella Valley Joint Powers Ins. Agency v Bank of America

Wire transfer process, procedures and industry practices and policies

Proskauer Rose & Goetz: Banca Del Sempione v Provident Bank of Maryland

International letters of credit documentation and interpretation, collections custom + practice,

Arter & Hadden: Regency Savings Bank v Frazee East Property Partners

Bank marketing and signage, post acquisition customer retention

Knapp, Marsh & Jones: Bitonti v Wells Fargo Bank et al

Safe deposit box operations; access policies, practices and industry custom

Saltzburg, Ray & Bergman: California  Commerce Bank v Duarte

Foreign exchange and currency trading;  international funds transfers

Barton Klugman & Oetting: Bank of America v Hipolita

International Private Banking operations and practices

Frandzel and Share: Bank Leumi adv Charles Dabby et al

Letter of credit payments and collections; rights of offset and banking practices

Billet & Kaplan: California Commerce Bank    

Valuation of branch customer lists; assessment of competitive branch markets

Rutan & Tucker: 1st American Title v Askari

International banking operations; funds transfers/documentation requirements in Europe/Bahamas

Smith Bentley & Hartnett:  Stolec adv Pabich

International banking operations; Securities account vesting and characteristics

Westrup Klick & Associates: Pacific Business Bank v St. Paul Insurance

International banking operations; foreign check clearing procedures; paying/clearing bank duties

Milbank Tweed Hadley & McCloy: Morrison & Foerster adv State Street Bank & Trust

Corporate trust disbursements; trustee functions, standards and practices

Prindle Decker & Amaro: F & M Trust Co. adv Grant

Conservatorship duties and fiduciary responsibilities; trust accounting and records

California Attorney General: Stae of California et al v Bank of America

Trust account fees/charges; trust department accounting        and fee allocation; paying agent functions

Gibson Dunn & Crutcher: Morgan Stanley Dean Witter adv Frank

Credit life/disability insurance sales to credit card holders; custom and practice, sales agent licensing

Bain Law Offices: Bank of America v Miller et al

Credit card underwriting due diligence, industry practices re: business credit cards

Golden Law Offices: ChoiceOne Financial v Fidelity Federal

Credit card financing program profitability, credit scoring and credit risks

Carr & Ferrell: Promotions Partners v Bank of America

Credit card issuance and controls; business banking account relationships; checking        policies

Del Tondo & Sheehan: Bongo v Citibank International

Credit card operations and fraud detection practices

Heller Ehrman White McAuliffe: Ernst & Young adv Iomagic

Investment banking; IPO market conditions, feasibility of proposed financing

Ellison Hinkle & Bayer: Tolberg v Household Bank

Branch purchase and sale agreements, terms and conditions; FDIC asset sales

Dennis  Sullivan Law Office: Swiss Bank Investment Banking v Van Ness

Investment banking and syndications; investment advisor role and duties; fiduciary responsibilities

Back to Top

Management & Director/Office Functions

Banking/S&L Management, Director & Officer Liability

… banking management

…  director & officer liability

U.S. Department of Justice: U.S. adv Hometown Savings

Assessment of capital compliance and business plans; supervisory capital forbearances

U.S. Department of Justice: U.S. adv Anchor Savings

Savings & loan management practices; evaluation of business strategies

U.S. Department of Justice: Hansen v United States

Bank's strategic decisions re: branching, acquisitions, mortgage banking; S&L industry trends.

Garvey Schubert & Barer: Resolution  Trust Corporation re: Family Savings

Management of securities  investments and trading; Investment policies; asset/liability management

Tuttle & Taylor: Resolution  Trust Corporation v Baker

Board/management control/oversight of syndications, subsidiary investments and new venture

Benjamin Weil & Mezer: National  American Bank v Liu

Director/officer fiduciary duties and responsibilities in bank management and lending

Garvey Schubert & Barer: Resolution Trust Corporation v G Jacques et al

Board/management  actions/oversight in commercia and construction loans and investments.

Perkins Coie: Resolution Trust Corporation v Gillam et al

Board of  Directors oversight and control of commercial real estate lending activities

Tuttle & Taylor: Resolution  Trust Corporation v Tushner et al

Board/management control, policies and prudence of investments and new businesses

Preuss Walker & Shanagher: Resolution Trust Corporation v Dennerline

Board/management oversight and control of lending program, policies and personnel

Post Kirby Noonan & Sweat: Jones adv Thrift Guaranty Fund, FDIC

Financial viability of company, duties of disclosure to stockholders, regulatory issues

Back to Top

Loan Underwriting and Administration

Credit Underwriting

… loan underwriting

… credit evaluation

… lines of credit

John Peter Lee Ltd.: Kusamoto v Silberstang

Residential lending loan approval and underwriting criteria and requirements

Kravitz Schnitrzer & Sloan: Goodman v 1st Security

Residential loan underwriting; lender’s due diligence customs and practices

Frandzel & Share: 1st Professional Bank adv Schmier

Commercial real estate loan underwriting; lender due diligence requirements

Lasky Haas & Cohler: First Republic Bank v RLI Insurance

Bank lending practices and standards for multi-family properties; earthquake damages

Jerry  Neal Law Office: Pacwest Bancorp v Pasadena Co

Loan underwriting information standards; due diligence in note purchase re: office building

Kirk  Barber Law Office: Williams v City of Lake Elsinore

Impact of environmental restrictions on loan underwriting developed/undeveloped properties

Knopfler & Robinson: Goodyear Tire adv Falaschi

Lending practices and financeability of environmentally contaminated commercial real estate

Paul Hastings Janowsy & Walker: Downey Savings v Sifferman

Commercial loan underwriting

Browne & Woods: Rubin adv Axelrod et al

Toxic contamination effects on commercial real estate loan underwriting; loan feasibility

Charlson Revich & Williams: Hart adv First Federal Savings Bank

Multi-family loan underwriting standards and requirements

Baker, Silberberg & Keener: Rubin adv Axelrod et al

Toxic contamination effects on commercial  real estate loan underwriting; loan feasibility

Ramseyer & Kuhlman: La Jolla Shores Clubdominium adv Scripps Bank

Bank loan underwriting and due diligence for non profit organizations; lending custom/practice

Wilson, Kenna, & Borys: Lawyers Surety Group v Tookey et al

Loan underwriting and appraisal criteria; title search and insurance requirements

Folger & Levin: Shidler v Household Commercial Finance Corp

Loan guarantor underwriting practices and industry custom

Preuss Walker & Shanagher: Resolution Trust Corporation v Dennerline

Commercial and construction loan underwriting and administration; lending policies

Kravitz  Schnitrzer & Sloan: Goodman v 1st Security

Line of credit lending; renewal approval        policies and practices; impact of bank ownership changes

Morrison & Smith: ICI Funding v Cal Coast

Mortgage banking loan sales and repurchases;  compliance with investor criteria

Morrison & Smith: ICI v Associated + Westmark

Mortgage banking loan sales and repurchases; compliance with investor criteria

Frandzel & Share: Cathay Bank v Quan

Business/commercial lending, loan underwriting and approval customs & practices

Frandzel & Share: Republic Bank v Guardian Savings/Resolution Trust Corporation

Residential loan underwriting; lender’s due diligence customs and practices

Back to Top

Business Lending

Business Lending 

… business loans

… asset-based lending

… letters of credit

Balestrerie Pendleton & Potocki: Abatti v Floyd

Agricultural lending agreements; custom & practice

Clapp Peterson & Stowers: Still adv Cunningham

Commercial business loan guarantees; interpretation and enforceability

John Peter Lee Ltd: Prima Donna Hotel v Laughlin National Bank

Business loan underwriting and commitments; management of banking relationships

Morrison & Foerster: Wells Fargo Bank v Ernst & Young

Asset based lending ; underwriting, field audits and funds controls.

Helsell Fetterman LLP: Baypack Fisheries v Nelbro Packing Co

Line of credit lending; renewal approval policies and practices; fisheries/processing loans

Jones Vargas: Bank of America adv Nevada Coin Mart

Troubled commercial loan workout practices; Line of credit renewals and denials

Bain Law Offices: Bank of America v Miller et al

Credit card underwriting due diligence, industry practices re: business credit cards

Callahan McCune & Willis: TRW adv Martino

Evaluation of credit impairment due to incorrect credit reporting; lender underwriting standards

Deming Law Office: Black v Otabai Inc

Lender liability, problem loan workouts, broker standards and rights

Folger Levin & Kahn LLP: Wentworth adv Willis

Structured financing agreement; borrower's creditworthiness and financing alternatives

Donaldson Law Offices: Johnstone v First Bank NA

Large commercial credit underwriting; anti-tying regulatory requirements and standards

Ivanjack & Lambirth: Liberty Leasing v Peacox Ventures LLC.

Interpretation of equipment leasing terms ; bank vs. leasing company practices

Kirkland & Ellis: Hughes Direct TV v G.E. Capital

Consumer credit financing programs; TIL compliance; underwriting and collections

Winston & Strawn: Chase Manhattan Bank v Bank Brussels Lambert et al

Major international loan syndications; structure, duties and fees for agent and lead banks

Kravitz Schnitrzer & Sloan: Goodman v 1st Security

Line of credit lending; renewal approval policies and practices; impact of bank ownership changes

Frandzel & Share: Far East National Bank adv Woodglen Pacific

Secured lending underwriting practices, due diligence expectations and custom

Haynes, Brydon and Lea: Sequoia National Bank v Schleifer

Bank loan funding and closing; escrow custom and practice

Paul Hastings Janowsy & Walker Janowsky & Walker: Downey Savings adv Sifferman

Application of Equal Credit Opportunity Act; enforceability  of loan guarantees.

Blanchard Krasner & French: People Feeders Inc. adv. IRS

Tax court opinion on corporate acquisition financeability and sources of repayment

Ropers Majeski Kohn & Bentley: Televideo v Wooam Data et al.

Letters  of credit industry customs, practices and procedures

Aguirre & Meyer: William Dick et al v Western Trust Services et al

Bank loan monitoring procedures and practices; lending policies and standards

Damrell Nelson Schrimp et al: Arismendi et al adv Union Safe Deposit Bank

Insider transactions; lending practices, and regulatory issues and relationships

Frandzel & Share: City National Bank v Janneck

Line of Credit lending, loan approval policies and practices

Folger & Levin: Shidler v Household Commercial Finance Corp

Loan guarantor underwriting practices and industry custom

Frandzel & Share: Cathay Bank v Quan

Business/commercial lending, loan underwriting and approval customs & practices

Back to Top

Construction Lending

Construction Lending

… construction lending

… loan disbursements

… lender liability

Lum, Danzis, Drasco et al: Ocean Club Condominium HOA v vs. MLM, Bank of America

Large construction loan administration; loan disbursement controls, bank/borrower relationships

Johnson & Associates: Veasey v Valley Independent Bank

Bank administration of construction loan; inspections, costs to complete, contractor relationships

Perez & Hawes: Upland Bank adv Spring Mountain Homes

Construction  lender custom/practice in managing project completion; troubled development  loan.

Bruce  Dunn & Associates: Malley v Tokai Bank et al

Construction loan disbursement practices; loan payment tracking

Bank of America General Counsel: Bank of America adv American Motorist Insurance

Residential construction loan practices; disbursement procedures; set-aside" letters.

Folger Levin & Kahn: Granite Mortgage v Paragon

Construction funding availability; residential development joint venture loan underwriting

Rutan & Tucker: Union Bank v Phair

Construction loan underwriting practices; bank fiduciary duties in loan management and funding

Garvey Schubert & Barer: Resolution Trust Corporation v: Jacques et al

Major construction, commercial, residential and business lending and investments, lending policies

Pillsbury Madison & Sutro: Manufacturers Bank v Henry et al

Construction loan administration and inspection customs, practices and standards

Frandzel & Share: Universal  Savings v Via Maria Homeowners Association

Lender liability; Construction lenders‘ functions, duties and actions

Gibson Dunn & Crutcher: Union Federal Savings adv Doyle

Construction loan administration, inspections and disbursements - retail/commercial development

Monteleone & McCrory: Western Landscape v Bank of America, HLC Construction et al

Construction loan funding and administration customs and practices; lien releases

Morris Polich & Purdy: Swanson v Shahbazi

Lenders liability: Construction lender’s role and actions in problem asset        marketing

Stuart Waldrip Law Office: First Fidelity Thrift & Loan adv Higgins

Lender liability; Construction lending and funds disbursements practices and industry custom

Frandzel & Share: East West Federal Savings Bank adv Wong

Residential construction lending administration practices, disbursement controls and  procedures

Doonan Law Offices: California State Bank adv Gallardo et al

Lender Liability : Construction loan administration & inspections, lender duties and standards

Back to Top

Forclosure, Workouts & Bankruptcy

Foreclosures, Bankruptcy & Workouts  

… foreclosures

… loan workouts

Paul Hastings Janowsy & Walker  Janowski et al: DSL Service Company v v Heitzler

Banking due diligence standards in loan purchases and collection dispute resolution

Philpson & Simon: Kimball Ave LLC adv Gardenmate Pipe

Foreclosure notice and documentation practice and procedures; Trustee functions/duties

Alvarado Smith Villa & Sanchez: Cooper Fellowship adv Riviera Financial Corp.

Foreclosure practice and procedures re: large income property loans

Agapay Levyn & Halling: Bazyler v Hawthorne Savings

Bank lending in foreclosure sale; foreclosure custom and practice.

Genson Even Crandall & Wade: Boone v G.E. Capital Mortgage Services Inc.

Bank loan servicing and accounting practices re: bankruptcy filings and stipulation

Evans Farber & Cipinko: McFarlane v Great Western Bank FSB

Residential loan foreclosure procedures, problem loan practices and industry standards

Frandzel & Share: Hanmi  Bank v Kim et al

Enforcement of loan guarantees, problem loan workout practices and standards

Seyfarth Shaw Fairweather: Palm Plaza Bundy Partnership v Citibank

Major income property foreclosure practices and lenders standards of care

Jones Vargas: Bank of America adv Nevada Coin Mart

Troubled commercial loan workout practices; Line of credit renewals and denials

Back to Top

Mortgage Banking/Loan Servicing

Mortgage Banking/Loan Servicing

… mortgage banking

… loan servicing

…secondary market transactions

…mortgage securities

Ericsen Arbuthnot: Universal Funding adv Contresras

Mortgage broker functions; loan terms disclosure; sub prime lending practices

Post Kirby Noonan: Dean v GMAC Commercial Mortgage

Large commercial real estate loans; evaluation of underwriting, quality and loan officer functions

Genson Even Crandall & Wade: Boone v G.E. Capital Mortgage Services Inc.

Bank loan servicing and accounting practices re: bankruptcy filings and stipulation

Rutan & Tucker: Imperial Credit v Vilotti

Residential lending markets; loan fraud detection ; underwriting/appraisal reviews and controls

Bonar Incorvaia Glancey: Guild Mortgage Corp adv Shelton

Mortgage banking accounting, administration and organization re: wrongful termination claim.

Manatt Phelps Phillips: M-West Mortgage v United California Savings Bank

Forensic accounting; purchase/sale of mortgage loan servicing portfolio

Wesierski & Zurek, LLP: Hoover adv Ameriquest

Appraisal reviews in mortgage lending; fraud detection; loan underwriting standards and practices

Kirkpatrick & Lockhart LLP: Impac Mortgage Holdings v Salomon Brothers

Mortgage backed securities purchases; due diligence standards and disclosure requirements

Federal Deposit Insurance Corp.: FDIC adv Bank United

Loan purchase due diligence standards, ARM loan interest adjustments

Heller Ehrman White & McAuliff: Bank of America adv Gordon

Class action defense; federal pre-emption of state regulations re loan servicing fees

Incorvaia & Associates: Mical  Mortgage v Glanz

Loan sale representations and warranties:  loan underwriting and file review in loan fraud

Tuttle & Taylor: FDIC adv. Bankers Trust

Sub-prime residential loan servicing; Damages assessment in REMIC losses

Jeffer Mangels Butler & Marmaro: Homac v Linsco

Mortgage servicing rights acquisition; valuation methodology; Securities offering disclosures

Federal Deposit Insurance Corp.: FDIC et al adv Matrix Capital Corporation

Interpretation of mortgage servicing rights in mortgage securitizations

Tuttle & Taylor: FDIC adv. Bankers Trust

Damages assessment in REMIC losses; Sub-prime loan underwriting and servicing;

Morrison & Smith: ICI Funding v Cal Coast

Mortgage banking loan sales and repurchases; compliance with investor criteria

Douglas  Smith Law Office: ICI v United Financial

Mortgage loan sales representations and warranties; loan underwriting

Morrison & Smith: ICI v Associated + Westmark

Mortgage banking loan sales and repurchases; compliance with investor criteria

Hinchey Witte Wood: Mountain States Mortgage    

Loan servicing practices; NOD processing; secondary market reps and warranties.

Sidley & Austin: Alicante Plaza adv Anchor Bank et al

Participation loan lead-lender servicing and foreclosure management

Morrison & Smith: Imperial Credit Industries v Marathon National Bank 

Loan sale representations and warranties: enforceability, customs and practice

Rutan & Tucker: Imperial Credit Industries, Inc. adv Vilotti

Mortgage loan fraud detection/prevention, quality control, market conditions and damages

Weinhart & Riley: Headlands Mortgage    

Reliance by lenders on title insurance; loan underwriting and closing standards and practices

Wilke Fleurie: KPMG Peat Marwick adv Bank of America

Mortgage banking industry trends and conditions

Back to Top

Wrongful Termination & Compensation

Wrongful Termination, Employment & Compensation Disputes

… wrongful termination

… compensation

… labor law compliance

Quinn Emanual Urqhart: Lewis Homes v Olsen

Wrongful termination; opinions on employability, search efforts, market opportunities

Internal Revenue Service: Internal Revenue Service v US Bankcorp

Executive compensation at banks and mortgage banks; assessment of excessive compensation

Preston Gates & Ellis: The Pacific Bank adv Eckersley

Wrongful termination; Employment contract terms; golden parachute enforceability; appropriate pay

Westrup Klick & Associates: Friedman v Terminex

California labor law compliance; overtime compensation for exempt personnel

Berger Kahn Shafton: Bakall v San Diego Water Authority

Wrongful  termination claim; executive duties and responsibilities following corporate reorganization

Westrup Klick & Associates: Dent  Wizard/Ames Acquisition v  

California labor law compliance; overtime compensation for exempt personnel

James  Miller Law Office: Nelson v Farmers Insurance

Wrongful termination; duties & requirements of loan origination employees. Damages assessment

Thompson & Heller: Carpenter v US Bancor

Personnel evaluation and counseling practices; standards and customs in executive severance

Lawless & Horowitz: Funch v Santa Cruz Federal Employees Credit Union

Wrongful termination; fidelity bond; standards of management actions and behavior

Bonar Incorvaia Glancey: Guild Mortgage Corp adv Shelton

Wrongful termination, mortgage banking accounting, administration and organization.

Nemecek & Cole: Trident Financial adv Hansen

Severance compensation analysis; industry custom and practice

Leland A. Stark: Rene Day v Burlage, World et al

Valuation of employment contract and damages incurred

Back to Top

Securities, Investments & Brokerage

Securities, Trusts And Investments

… securities

… securities brokerage

… trusts & fiduciaries

… investment management

Breidenbach Buckley Huchting et al: Kim et al adv Born

Damages calculation involving private equity investments, insurance policies, opportunity costs

Kirkpatrick & Lockhart LLP: Impac Mortgage Holdings v Salomon Brothers

Mortgage backed securities purchases; due diligence standards and disclosure requirements

Jeffer Mangel, Butler & Marmaro: Homac v Linsco

Mortgage servicing rights acquisition; valuation methodology; Securities offering disclosures

Dennis  Sullivan Law Office: Swiss Bank Investment Banking v Van Ness

Investment banking and syndications; investment advisor role and duties; fiduciary responsibilities

Tuttle & Taylor: Resolution Trust Corporation v Baker

Board/management control and oversight of syndications, subsidiary investments/new venture

Berman Berman & Berman: Bauer v Premium Construction

Securities broker earnings potential; damages assessment

Frandzel Robins Bloom et al: Bank of America adv Kallaniotes

Investment advisory practices, standards and levels of due diligence

Silvio  Nardoni Law Offices: Dubrow v Mack

Fiduciary trustee actions; assessment of investment decisions/practices; self dealing conditions

English & Gloven: Bullis v A.G. Edwards

Securities broker investment advice; standard of care and due diligence requirements.

Finer, Kim & Stearns: Fogg v Merrill Lynch

Securities broker trading standards and duties, options trading

Lorenz Adelhaff/Smith & Brown: McLanahan v Rancho Santa Fe Bank

Investment funds escrow practices; escrow cancellation instructions; funds release requirements

Thelean Marrin Johnson & Bridges: Hall v Bear Stearns

Brokerage accounts management and controls; funds transfer procedures, broker standardof care

Troop Steuber Pasich: Kenwith v First Investors

Investment suitability ; investment advisor actions and standards; limited partnership investments

Donaldson Law Offices: Advantage Partners v Invesco

Valuations and damages calculations re: closed end mutual fund investments

Sidley & Austin: City of Orange v Alabama Treasury Advisory Program

Securities fraud; settlement procedures; transaction structure and reporting

Sieveke Law Office: Fier v Newport Home

Broker standards re: investment counseling; investment suitability; self directed retirement plans

Johnson Law Office: Leach Trust v H.J. Meyers, Kemper Securities et al

NASD arbitration; securities broker duties, investment suitability; account churning & commissions

Ronald Parsons Law Office: Sarihan v Great Western Bank, Meyers Securities

Securities brokerage back office operations; funds receipt, check deposits, account credits

Perona, Langer & Beck: Burrell v Gene Morgan et al

NASD arbitration; broker duties and standards, investment disclosure/suitability; account churning.

Tuttle & Taylor: Resolution  Trust Corporation v Tushner et al

Oversight,  control and policies for securities investments and trading

Winkelman Law Office: Trust  of Veola Nelson re:  

Fiduciary trustee’s fees

Aguirre & Meyer: William Dick et al v Western Trust Services et al

Custodial trustee duties and fiduciary responsibilities; bank account relationships and monitoring

Garvey Schubert & Barer: Resolution Trust Corporation re: Family Savings

Securities investments and trading; Investment policies; asset/liability management

Ward Kroll Jampohl: Wolflick et al adv Creedon

Securities brokers standards of care; investor advice and portfolio concentration

Back to Top

Real Estate

Real Estate Appraisals & Valuations

… real estate appraisal

… market rent evaluation

Freedman & Taitelman: Friedman v Lapenda dupl

Retrospective appraisal of residential real estate; impact of property defects on values

Matsui & Hickman: Home Federal Mortgage Corp. v Aguirre

Appraiser negligence; compliance with appraisal standards for residential appraisals

U.S. Department of Justice: U.S. adv Landmark Land and FDIC

Real estate appraisal practices and standards; valuations of $1 billion+ real estate

Owen & Post: Star Insurance   Shaw Associates

Retrospective residential appraisal as of a series of valuation dates re surety agreement

Kinkle, Rodiger & Spriggs: McDermott v Dutton

Appraisal of residential construction defects/property values; impact of defects on value; cost of repairs

U.S. Department of Justice: Admiral v United States

Evaluationof multiple commercial real estate appraisals; reappraisal opinions and analysis

Hart King & Coldren: JoJo's v City of Anaheim

Business valuation/damages assessment in condemnation; restaurant and real estate valuation

Knapp Peterson & Clarke: Simon v San Paulo Bank

Damages re: office building in failed purchase; determine market rentals/values

Chapman & Glucksman: City of Malibu   Spiros et al

Valuation of properties affected by flood/landslides; full, partial and restricted property appraisals

Pollet & Woodbury: James Paulson    

Prevailing lease rates and market  conditions for retail space

Alvarado Smith Villa & Sanchez: Cooper  Fellowship adv Riviera Financial Corp.

Retrospective appraisal of large asbestos-contaminated apartment complex



Real Estate

… escrow & title

… broker duties/standards

… brokerage & leasing 

… real estate development

… syndication/investments

Miller Starr Regalia: Syufy Enterrises v Gasoline Alley

Commercial real estate leasing; interpretation of lease terms for retail space

Lorenz Adelhaff/Smith & Brown: McLanahan v Rancho Santa Fe Bank

Investment funds escrow practices/standards; escrow cancellation instructions; funds release 

Quinn Emanual Urqhart: Lewis Homes v Olsen

Wrongful termination; opinions on employability, search efforts, market opportunities

Folger Levin & Kahn: Granite Mortgage v Paragon

Construction funding availability; residential development joint venture loan underwriting

Sieveke Law Office: Fier v Newport Home v  

Broker standards re: investment counseling; investment suitability; self directed retirement plans

Grossman Law Office: Tamanjan v Fountain Valley School District

Real estate development lending; funding availability; effect of regulatory attitudes

Zilinskas & Jacobs: Adrian v Price Waterhouse

Real estate syndications; investment unit pricing and disclosures

Paul  Greenwald & Associates: Yamanuha v Takahashi

Interpretation of investment partnership agreement; partnership vs. loan structures.

Fernando  Tafoya Law Offices: Rodriguez v Remon, Realty World et al

Real estate brokers’ duties and responsibilities

Hawkins & Sofonio: Sofonio v First American Title

Title insurance coverage; claims handling bad faith

Mitchell, Silberberg & Knupp: Sharps v Hamilton

Real estate development practices, nature of financing, damages assessment

Tuttle & Taylor: FDIC v County of Los Angeles et al

Property tax levies and penalties; financing properties subject to liens

Pizzulli Law Office: Hacienda Malibu Partners v Kalisch

Title policies; title insurance coverage and interpretation

Paluso & Sceper: Mount v 1st Team

Real estate broker duties and responsibilities re: borrower representations; financing due diligence

Bacon & Mills: CFK/JZK adv Stahl Trust

Financing availability to mitigate construction defects; lender policies on commercial  properties

Avner, Avner & Heyman: Hawthorne Savings Bank adv Takaki

Loan escrow custom and practice; lender and escrow agents’ fiduciary responsibilities

Dimarco & Araujo: Gold adv Heath

Resort development feasibility and financing; equity and debt financing practices and markets

Morrison & Foerster: Corporate Property Investors v Upscale Foods

Regional mall leasing; market conditions; damages mitigation

Musick Peeler & Garret: Chase Manahattan Trust Co. v Bank of Amrica, et al

Commercial real estate sale/leaseback structure and terms, refinancing feasibility

Conkle & Olesten: Landpac v ABQ Bank,

Land development and joint venture transactions and practices

Back to Top

Insurance

Insurance

… insurance coverage

… bad faith claims

… broker standards

… claims handling

Berger, Kahn & Shafton: 1st State Bank adv Jenny Craig

Insurance pooling agreements and structures; Insurance settlement hearings and recovery rights

Gibson Dunn & Crutcher: Morgan Stanley Dean Witter adv Frank

Credit life/disability insurance sales to credit card holders; sales agent licensing

Lobb Cliff Heaton & Roth: American Danatron v Joseph Insurance Services et al

Commercial liability insurance coverage; broker practices and standards of care

Pizzulli Law Office: Hacienda Malibu Partners v Kalisch

Title policies; title insurance coverage and interpretation

Akerman Senterfit & Edison: Florida Marlins v Near North

High end disability insurance coverage; broker standards of care, insurance availability

Borton, Petrini & Conron, LLP: Rico Pfitzer & Pierce adv Singh

Life insurance broker standards of care, agent supervision; coverage interpretation

Breidenbach Buckley Huchting et al: Developers Insurance v Lapis Energy

Surety bond underwriting , standard of care; coverage interpretation; claims handling

Grant Genovese et al: Founders Insurance Brokers adv Western Dental

Broker standards of care; self funded health insurance coverage; broker/risk manager duties

Westrup Klick & Associates: Pacific Business Bank v St. Paul Insurance

Bankers blanket bond coverage interpretation, claims handling

Kearney Alvarez, LLP: Lapis Energy, Lesron Surety adv Developers Insurance Co.

Construction surety bond underwriting; standards of care in bond issuance; claims/payoff practices

Hart King & Coldren: Rossier v Hodgekiss et al

Broker/agent standards of care; insurance coverages for schools

Kearney Alvarez, LLP: Alistar v Superior Access

Insurance claims handling; evaluation of claims reserves for high risk P&C policy claims

Pansky & Merkle: Noble v Helvestine

Valuation  of Third Party Administrator company re damages; assessment of company solvency

Berger Kahn Shafton: LaCombe Security v Monticello Insurance

Failure to defend; insurance pooling agreements structure; net worth analysis of insurance carriers

Sabih & Associates: Shepherd v Monumental Life

Mortgage life insurance sales/underwriting practices; coverage interpretation; premium evaluation 

Tuttle & Taylor: Simi Valley Hospital v 1st Health

Health insurance claims administration; functions and duties of third party administrators

Hawkins & Sofonio: Sofonio v First American Title

Title insurance coverage; claims handling bad faith

Hall & Baily: Bank of America v Chrysler et al

Title insurance standards; commercial real estate loan documentation; lender due diligence 

Hill Genson Even Crandal: State Farm Insurance adv Stoykovic

Statistical issues and analysis of patterns in claims handling

Back to Top

Damages & Economic Analysis

Damages, Valuations & Economic Analysis

Tuttle & Taylor: FDIC adv. Bankers Trust

Damages assessment in REMIC investment losses; sub prime residential loan servicing

Pansky & Merkle: Noble v Helvestine

Valuation of Third Party Administrator (TPA) for damages claim; assessment of company solvency

Ellison Hinkle & Bayer: Tolberg v Household Bank

Branch purchase and sale agreements, terms and conditions; FDIC asset sales

Billet & Kaplan: California Commerce Bank    

Valuation of branch customer lists; assessment  of competitive branch markets

James  Miller Law Office: Nelson v Farmers Insurance

Damages assessment in wrongful termination; duties of loan origination employees. 

Alvarado Smith Villa & Sanchez: Cooper Fellowship adv Riviera Financial Corp.

Retrospective appraisal of large asbestos-contaminated apartment complex

Berman Berman & Berman: Bauer v Premium Construction

Securities broker earnings potential; damages assessment

Breidenbach Buckley Huchting et al: Kim et al adv Born

Damages calculation involving private equity investments, insurance policies, opportunity costs

Knapp Peterson & Clarke: Simon v San Paulo Bank

Damages re: lost income/appreciation of office building in failed purchase; market rentals/values

Chapman & Glucksman: City of Malibu   Spiros et al

Valuation of properties affected by flood/landslides; full, partial restricted property valuations

Hart King & Coldren: JoJo's v City of Anaheim

Business  valuation and damages assessment in condemnation; restaurant and real estate valuation

Hill Genson Even Crandal: State Farm Insurance adv Stoykovic

Statistical issues and analysis of patterns in insurance claims handling

McClung & Davis: Thomas v Jasmine Partners

Damages assessment - fixed rate versus variable note financing



Selected Recent Large-Scale Damages Litigation Assignments

… damages analysis

… valuations

… economic analysis

… forensic accounting

Landmark Land v United States

Retained by the U.S. Department of Justice to serve as consultants and testifying experts for the defense in complex litigation claiming breach of contract damages of $2.0 billion. Three testifying experts from MCS Associates, supported by a team of 10-12 consultants, analysts and paralegals provided expert opinions, research and litigation support on real estate valuations involving properties across the U.S., damages        and damages theories, and rebuttal of opposing expert opinions. 


Washington  Mutual FSB v. Federal Deposit Insurance Corp.

Acting as  consultants to the defendant, MCS Associates’ team for this assignment comprised damages analysts, a lending expert and mortgage loan servicing consultants. The analysis encompassed several thousand properties and related mortgage loans, and included formulating  damages and rebuttal theories, and calculation of the potential range of damages related to $450 million in poorly performing mortgage securities. 


JoJo’s v City of Anaheim

MCS Associates’ expert witness was retained to provide a report and testimony regarding lost profits and other damages arising from condemnation proceedings by California’s Department of Transportation. The assignment involved real estate valuation, business profit /loss projections and evaluation/responses to defendant’s expert witness opinions. 


Federal Deposit Insurance Corporation v. Los Angeles County et al

This litigation involving 27 defendant counties in California required research, analysis and testimony by MCS Associates’ expert witness regarding the component amounts of disputed claims by the counties against the Resolution Trust Corp. and the FDIC. Research, data base management and calculations were completed for extended periods of time and several thousand properties, by a support team of real estate lending expert consultants, data base programming and paralegal personnel.


Hometown Savings v United States

One of five major complex litigation matters in which MCS Associates is presently retained by the U.S. Department of Justice. Expert witness analysis and opinions involve interpretation of contractual provisions,        relevant accounting treatment, and evaluation and rebuttal of the basis for and calculation of claimed damages. Teams comprising 2-4 consultants, technical advisors and paralegals are assigned to each case in support of the testifying experts. 

Back to Top

Accounting

Accounting & Forensic Accounting

Perez & Hawes: Upland Bank v Spring Mountain Homes

Forensic accounting; review of construction loan fundings and costs

U.S. Department of Justice: U.S. adv Old Stone

GAAP and regulatory accounting practices, treatment of supervisory capital forbearances,

Manatt Phelps Phillips: M-West Mortgage v United California Savings Bank

Forensic accounting; purchase/sale of mortgage loan servicing portfolio

Bonar Incorvaia Glancey: Guild Mortgage Corp adv Shelton

Mortgage banking accounting, administration and organization.

U.S. Department of Justice: U.S. adv Hometown Savings

Assessment of capital compliance and business plans; GAAP/Regulatory accounting standards 

Back to Top

Copyright © 2025 MCS Associates - All Rights Reserved.

  • Home
  • Contact Us

Powered by

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept