FacultyFaculty/Author Profile
Shawn Fox, CPA/ABV, CFA, ASA

Shawn Fox, CPA/ABV, CFA, ASA

Sikich LLP
Managing Director, Dispute Advisory Services
Chicago, IL, USA


Shawn Fox is a managing director with Willamette Management Associates. He has nearly 20 years of accounting and consulting experience. As a certified public accountant, Shawn provides dispute advisory and litigation services, fraud and forensic accounting investigative services, and valuation services to organizations and their counsel.

Shawn directs forensic investigations and analysis across a wide range of areas, including complex damages, lost profits, intellectual property infringement, and bankruptcy litigation, as well as valuation and insurance coverage disputes.

With significant experience in the preparation of expert reports, Shawn assists clients in all phases of litigation, including case assessments, discovery, document review, damages analysis, and demonstrative exhibits. He has testified in various different matters at deposition, trial, and arbitration as an expert and has served as a court-appointed receiver. Shawn has been qualified as an expert witness in federal district and bankruptcy courts and state courts across the U.S.

Shawn also leads investigations on financial restatements and financial reporting fraud, regulatory investigations, assessing fraud risk, corporate investigations, employee misconduct, and whistleblower matters.

Prior to joining Willamette Management Associates, he was the Partner-in-Charge of McGladrey LLP’s litigation and investigation consulting services practices for the Central Region and a Managing Director of BDO’s litigation and dispute resolution practice in Chicago.

 

Education

Bachelors of Business Administration, accounting, University of Iowa

 

Licenses and Certifications

Shawn holds the following certifications:

  • Certified Public Accountant (CPA) licensed in Illinois, Missouri, Kansas, and Iowa.
  • Accredited in Business Valuation (ABV) with the American Institute of Certified Public Accountants (AICPA).
  • Chartered Financial Analyst (CFA) with the CFA Institute (CFAI).
  • Accredited Senior Appraiser (ASA) with the American Society of Appraisers in the business valuation discipline.

Professional Affiliations

His professional affiliations include:

  • American Institute of Certified Public Accountants (AICPA)
  • Missouri Society of Certified Public Accountants (MOCPA)
  • National Association of Forensic Economics (NAFE)
  • Turnaround Management Association (TMA)
  • American Society of Appraisers (ASA)

Professional Publications

“Perspectives from an Expert Witness—Effective Techniques and How to Elicit and Use Financial and Accounting Information with Expert Witnesses,” Practicing Law Institute, September 2014.

“Accounting Basics for Attorneys,” National Business Institute, September 2012.

“Forensic Accounting and Valuation in Divorce,” National Business Institute, May 2007.

“Business Valuation Discounts,” The KC Counselor, August 2002.

“CPA Litigation Services Standards,” Kansas Trial Lawyer Association Journal, Vol. XXV, No. 6,
July 2002, co-authored.

“TAM Holds FLP Gifts Ineligible for Annual Exclusion,” Shannon Pratt’s Business Valuation Update, Vol. 4, No. 2, February 1998, co-authored.

 

Presentations

12/14   “Identifying Financial Reporting Fraud” (co-presenter)

Sponsor: Association for Corporate Growth – Chicago Chapter

 

9/14     “Fraud in the Not-For-Profit Sector” (co-presenter)

Sponsor: CFO/Director of Finance Network (Chicago)

 

3/14     “Excel Including Other Software” (co-presenter)

Sponsor: Golan & Christie LLP

 

4/13     “How to Prove Damages in Patent, Trademark and Copyright Cases” (panelist)

Sponsor: The Knowledge Group/The Knowledge Congress

 

1/13     “Special Considerations of Not-For-Profit Fraud Engagements”

Sponsor: McGladrey Not-For-Profit Conference CPE Credit

 

12/12   “Cross-Examination of Plaintiff’s Damages Experts” (panelist)

Sponsor: Kansas Association of Defense Counsel

 

9/12     “Understanding Financial Statements, Risks, and Red Flags” (co-presenter)

Sponsor: The Stolar Partnership LLP Missouri CLE Credit

 

4/12     “Common Mistakes to Avoid in Calculating Lost Profits in Breach of Contract Matters”
(co-presenter)

Sponsor: Sandberg Phoenix & von Gontard P.C.

 

3/11     “Calculating Unjust Enrichment Damages Claims”

Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

 

2/11     “What You Need to Know About Purchase Price Disputes”

Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

 

1/11     “Calculating Damages in Employment Litigation Matters”

Sponsor: Carmody MacDonald P.C. CLE Credit

 

11/10   “Common Mistakes to Avoid in Calculating Lost Profits in Breach of Contract Matters”

Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

 

11/10   “Recent Trends in Business Valuation Discounts”

Sponsor: University of Iowa College of Law Probate CLE Program

 

9/10     “Calculating Misappropriation of Trade Secrets Damages Claims”

Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

 

6/10     “Management Projections Under ASC 820”

Sponsor: McGladrey Fair Value Measurements Webcast CPE Credit

 

2/10     “Fidelity Bond Claim Investigations”

Sponsor: Greater Kansas City Insurance Risk Management Society

 

12/09   “Working with Accounting Experts on IP Matters”

Sponsor: Lawyers Association of Kansas City – 2nd Annual IP CLE

 

1/09     “Calculation of Business Interruption Losses”

Sponsor: Chubb Insurance

 

12/08   “Trial Skills Workshop” (panelist)

Sponsor: Kansas Association of Defense Counsel

           

10/08   “Calculation of Business Interruption Losses”

Sponsor: Chubb Insurance

 

3/08     “Valuing Your Business”

            Sponsor: Creighton University – The Center for Family Business

 

7/07     “Understanding the Complexity of Damages Issues in Franchise Litigation matters”

Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

 

6/07     “Lost Profits and Diminution of Value Claims”

Sponsor: Sandberg, Phoenix & Von Gontard, P.C. CLE Credit

 

6/07     “Analyzing Claims Against Directors and Officers”

Sponsor: Chubb Insurance (Chicago)

 

5/07     “Estimating Claims in Trademark Matters”

Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

 

3/07     “Analyzing Claims Against Directors and Officers”

Sponsor: Chubb Insurance (Kansas City)

 

11/06   “IP Infringement Damages,”

Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

 

6/06     “Identifying Red Flags and Fraud for Troubled Businesses”

Sponsor: Kansas City Metropolitan Bar Association Commercial & Bankruptcy Committee

 

4/06     “Avoiding the Seller’s Curse”

Sponsor: Grant Thornton Sonnenschein Corporate Counsel Series

 

12/05   “Valuing Distressed Companies and Solvency Analysis”

Sponsor: Lathrop & Gage CLE Credit

 

10/05   “Business Failure Warning Signs”

Sponsor: Partnering Organizations With Essential Resources, Greater Kansas City Chamber of Commerce

 

9/05     “Avoiding Pitfalls Leading to Failed Acquisitions”

Sponsor: Merger & Acquisition Workshop, Kansas City Metropolitan Bar Association

 

9/05     “Valuing Distressed Companies and Solvency Analysis”

Sponsor: Foley & Lardner

 

7/05     “Financial Reporting Dilemmas”

Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

 

6/05     “Valuing Distressed Companies and Solvency Analysis”

            Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

 

12/04   “Expert Standards and Traps to Avoid”

Sponsor: Kansas City American Society of Appraisers Chapter

 

9/04     “Lost Profits Case Workshop”

Sponsor: Kansas City Metropolitan Bar Association Young Lawyers Section CLE Committee

 

9/04     “Key Ways to Bolster Your Claims Management”

Sponsor: Missouri and Kansas CLE Credit

 

11/03   “Financial Analysis Workshop for Litigators”

Sponsor: Waller Lansden Dortsch & Davis Tennessee CLE Credit

 

6/03     “Financial Analysis Workshop for Litigators”

Sponsor: Law of Polk County Iowa CLE Credit

 

1/03     “Financial Information in the Discovery Process,”

Sponsor: Polsinelli Shalton & Welte Missouri and Kansas CLE Credit

 

11/02   “Financial Analysis in Litigation”

Sponsor: Spencer Fane Britt & Brown, LLP Missouri and Kansas CLE Credit

 

9/02     “Use of Public Filing Information in Litigation”

Sponsor: Shook, Hardy & Bacon L.L.P. Missouri and Kansas CLE Credit

 

4/02     “Financial Statement Basics”

Sponsor: Shook, Hardy & Bacon L.L.P. Missouri and Kansas CLE Credit

 

1/02     “Conducting a Lost Profits Engagement”

Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit Missouri and Kansas CLE Credit

 

10/99   “Valuation of Business Interests,”

Sponsor: Iowa Trust Association

 

12/98   “Business Valuation”

Sponsor: Iowa Farm & Land Chapter #2 Realtors Land Institute

 

Media Interviews

11/14   “How to Prevent the Top Post-Closing Disputes” AICPA FVS News

 

6/08     “Right Insurance Prevents Tragedy after Natural Disaster” Kansas City Business Journal

 

6/08     “Create an Audit Trail to Prove Business Losses” The Gazette (Cedar Rapids, Iowa)

 

3/06     “Crunched by Numbers: Professionals Can Spare Small, Midsize Businesses from Accounting Anarchy,” Kansas City Business Journal

 

Expert Testimony

2014  B.E. Smith, Inc. vs. Integrated Healthcare Strategies, LLC and Jacqueline Leotaud. Prepared analysis of damages alleged by the Plaintiff in a misappropriation of trade secrets, tortious interference with contractual relationships, and breach on non-compete agreement. Testified as an expert witness at deposition.

 

2014    Heritage Recycling, LLC, Claimant v. Energy Creates Energy, LLC and Genesys Industrial Corp., Respondents and Energy Creates Energy, LLC, Counterclaimant v. Heritage Recycling, LLC; Heritage Environmental Services, Inc.; Heritage Environmental Services, LLC; and The Heritage Group, Counterclaim Respondents. Prepared analysis of damages alleged by Claimant and Counterclaim. The Claimant was asserting breach of contract and the Counterclaimant was asserting breach of contract; declaratory judgment; misappropriation of trade secrets; fraudulent inducement to enter a contract; tortious interference with a contract; and alter ego liability. Testified as an expert witness at deposition and at arbitration hearing for Respondents and Counterclaimant.

 

2013  Thomas R. Winston v. UMB Bank, N.A., In the Circuit Court of Jackson County, Missouri at Kansas City. Prepared rebuttal analysis of Plaintiff's expert's damages calculations. This was a breach of fiduciary duty matter involving bank trust department. Testified as an expert witness at deposition.

2013  ForteCEO Services, Inc. v. Terra Contracting, LLC, In the United States District Court for the Northern District of Illinois, Eastern Division. Prepared rebuttal analysis of Plaintiff's expert's damages calculations. Analyzed adjusted EBITDA and enterprise value. Testified as an expert witness at deposition.

 

2012   Laclede Gas Company v. St. Charles County, State of Missouri, In the District Court of St. Charles County, Missouri. Prepared analysis of accounting records in billing dispute on construction projects. Testified as an expert witness at deposition. Engaged by counsel for defendant.

 

2012   In re: Genmar Holdings, Inc. – Chapter 7, Case No. 09-43537

           In re: Marine Media, LLC – Chapter 7, Case No. 09-43547

           In re: Triumph Boats – Chapter 7, Case No. 09-43550

           In re: Genmar Michigan – Chapter 7, Case No. 09-43543

           In re: Genmar Tennessee – Chapter 7, Case No. 09-43544

           In re: Wood Manufacturing Co. Inc. – Chapter 7, Case No. 09-43556

           United States Bankruptcy Court for the District of Minnesota

           Prepared solvency analysis of 37 legal entities in connection with preference and fraudulent transfer payment litigation. Testified as an expert witness at deposition. Engaged by Bankruptcy Trustee.

 

2012  Dr. John Dedic v. Garald E. Price, et al., In the United States District Court for the Western District of Missouri. Prepared analysis of accounting, financial, and loan records. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2012  E.L. Thompson Farms, Ltd. v. Aurora County, South Dakota, First Judicial Circuit of South Dakota. Prepared financial analysis of the plaintiff’s farming and dairy operation businesses and analysis of probability of success of expansion of dairy from 1,200 to 2,000 dairy cows in connection with regulatory taking (inverse condemnation) legal claim. Testified as an expert witness at trial. Engaged by counsel for defendant.

 

2012  M7 Capital, LLC v. Theodore B. Miller, Jr., District Court of Harris County, Texas. Prepared analysis of the plaintiff’s expert’s valuation analysis in a shareholders dispute. Testified as an expert witness at deposition and at trial. Engaged by counsel for defendant.

 

2012 Steven and Ruth Mitchell, et al. v. Residential Funding Corporation, Household Finance Corporation, and Wachovia Equity Servicing LLC, Circuit Court of Jackson County, Missouri. Prepared analysis of the alleged “economic opinion of the vulnerability” of the Household plaintiff subset asserted by the plaintiff’s expert. Testified as an expert witness at deposition. Engaged by counsel for defendant.

 

2012  Matter of the Marriage of Denise Robinett and Richard Robinett, District Court for Johnson County, Kansas. Prepared valuation of title company business and analysis of income earned by both parties. Testified as an expert witness at deposition. Engaged by counsel for respondent.

 

2012   James G. Gibbs v. Wilson & Company, Inc. Engineers and Architects and WCEA Corporation, et al., District Court for Johnson County, Kansas. Prepared valuation analysis of shares held by plaintiff in a shareholder’s litigation matter. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2011  ScriptPro, LLC v. Innovation Associates, Inc., United States District Court of Kansas. Prepared analysis of reasonable royalty damages in connection with patent infringement regarding collating technology and rebuttal analysis of the counterclaim damages asserted by the defendant. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2011   Health Care Foundation of Greater Kansas City vs. HM Acquisition, LLC and HCA, Inc., Circuit Court of Jackson County, Missouri. Prepared analyzed whether HCA complied with reporting requirements set forth in the Asset Purchase Agreement related to capital improvements and charity care obligations. Testified as an expert witness at deposition and at trial. Engaged by counsel for plaintiff.

 

2011  Tharaldson Ethanol Plant I, LLC, Claimant vs. Braunschweigische Maschinenbauanstalt AG, Respondent, American Arbitration Association, Minnesota. Prepared a calculation of the claimant’s lost profits damage due to its ethanol plant not operating at or near nameplate capacity because of the defective drying system supplied by the respondent. Testified as an expert witness at the arbitration hearing. Engaged by counsel for the claimant.

 

2011   Vivek Sahgal and Namita Sahgal vs. Scanlon’s LLC; Patrick M. Scanlon; Susan V. Scanlon; All Under One Roof, Inc.; and Kyle Davey, District Court of Johnson County, Kansas. Prepared calculation of plaintiffs’ damages related to construction cost overruns, costs incurred to correct construction deficiencies, additional financing costs, and liquidated delay damages. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2010  Union County, Iowa v. Piper Jaffray & Co., Inc.,  United States District Court for the Southern District of Iowa- Central Division. Prepared analysis of economic loss allegedly incurred by the plaintiff in connection with the issuance of general obligation bonds. Testified as an expert witness at deposition and trial. Engaged by counsel for defendant.

 

2010   CareFusion 123, LLC v. Professional Disposables International, Inc. and Nice-Pak Products, Inc., United States District Court for the District of Kansas. Prepared rebuttal analysis of damages claims asserted by the plaintiff related to alleged false and misleading marketing activities of the defendants, alleged breach of the settlement agreement, and alleged fraudulent inducement of the settlement agreement and prepared counterclaim damages claim related to alleged false and misleading marketing activities of the plaintiff. Testified as an expert witness at deposition. Engaged by counsel for defendant.

                                                                    

2010   Osment Models, Inc. and O CO. v. Mike’s Train House, Inc., United States District Court for the Western District of Missouri. Prepared analysis of damages claims in copyright infringement matter. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.  

 

2009   Fail-Safe, LLC v. A.O. Smith Corporation, United States District Court for the Eastern District of Wisconsin. Prepared analysis of unjust enrichment and reasonable royalty damages claims. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2009   Furminator, Inc. and Portervision, Inc. v. Munchkin, Inc. and Kim Laube & Co., Inc., United States District Court for the Eastern District of Missouri. Prepared analysis of lost profits and reasonable royalty damages claims asserted by the Plaintiffs. Testified as an expert witness at deposition. Engaged by counsel for Munchkin.

 

 

2009    In re: Dial-A-Mattress Operating Corp. – Chapter 7, Case No. 09-41966

           In re: 1-800-Mattress Corporation – Chapter 11, Case No. 09-42201

           In re: Dial-A-Mattress International Ltd. – Chapter 11, Case No. 09-42203

           United States Bankruptcy Court for the Eastern District of New York

           Prepared estimated rejection claims damages analysis asserted by terminated franchisee. Testified as an expert witness at deposition. Engaged by counsel for terminated franchisee.

 

2009   Eagle Well Service, Inc. v. Central Power Systems & Services, United States District Court for the District of Kansas. Prepared analysis of out-of-pocket expenses and lost profits damages asserted by the plaintiff. Testified as an expert witness at deposition. Engaged by counsel for defendant.

 

2009    Pier To Pier, Inc. v. U.S. Bank, Multi Service Corporation, Diane Criswell, Mark O’Connell, and Rob Abele, Circuit Court of Jackson County, Missouri. Prepared analysis of defendant’s profits. Testified as an expert witness at deposition and at trial. Engaged by counsel for plaintiff.

 

2009  John and Jeanette Schwartz, et al. v. Bann-Cor Mortgage, The Money Store, LLC, and Wachovia Equity Servicing, LLC, Circuit Court of Jackson County, Missouri. Prepared analysis related to benefits received by the borrowers, analyzed alleged vulnerability of the borrowers, and analyzed fees paid to third parties. Testified as an expert witness at deposition. Engaged by counsel for defendant.

 

2008   Hawkeye-Security Insurance Co. as Subrogee of Arno, Inc. d/b/a the Pizza Shoppe v. Kitty’s Salad, Inc. and ONEOK, Inc, District Court of Johnson County, Kansas - Prepared damages assessment related to business interruption. Testified as an expert at trial. Engaged by counsel for plaintiff.

 

2007   MGP Ingredients, Inc. v. Mars, Inc. and S&M NuTec, LLC, United States District Court for the District of Kansas. Prepared damages assessment related to alleged breach of contract, patent infringement, tortuous interference, and misappropriation of trade secrets. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2007    Thomas J. McCormack, M.D. v. Gregory L. Hummel, M.D., Individually and Gregory L. Hummel, M.D., P.C., Circuit Court of Jackson County, Missouri - Financial expert regarding valuation and financial terms of buy-sell agreement. Testified as an expert witness at deposition and trial. Engaged by counsel for defendants.

 

2006  Greg Sanders v. Henry Hoffman; Kory Dillman; David Mendez; Tom Noland; Richard Iler; and Terry Thompson, Circuit Court of Jackson County, Missouri. Financial expert in directors and officers litigation matter of an SEC company. Testified as an expert witness at deposition and trial. Engaged by counsel for defendant.

 

2004  Michael McKee v. All Green Corporation, State of Michigan American Arbitration Association. Prepared valuation of regional lawn care business in ownership disputes matter. Testified as an expert witness at the arbitration hearing. Engaged by counsel for plaintiff.

 

2003  B. Glenn Martin v. American Airlines, Inc.; Transport Workers of America, Local 512; Kevin Silvas; and Glen Harmon, United States District Court for the Western District of Missouri. Analysis of economic loss earnings due to alleged wrongful termination. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

 

2001   Thomas W. Payne v. Mary Ann Burris, Barbara Crosby, Lincoln National Life Insurance Company and Lincoln Financial Advisors Corporation, NASD Regulations, Inc. Office of Dispute Resolution. Prepared analysis of lost profits and decline in value of insurance agency. Testified as an expert witness at deposition and at trial. Engaged by counsel for defendants.

 

2001  Craig Probasco v. Ralane Probasco, Iowa District Court for Woodbury County. Prepared appraisal of a restaurant franchise for the purpose of marital dissolution. Testified as an expert witness at trial. Engaged by counsel for respondent.

 

2000  Robert Lippold, et. al. v. Scott Hinkley, Sr., et. al., Iowa District Court for Mahaska County. Appointed by Mahaska county Court as Receivership. Prepared analysis of properties and other assets owned by Mr. Hinkley and his businesses. Mr. Hinkley operated a multi-million dollar Ponzi scheme in Iowa and Missouri.

 

1999  Alcorta v. Woodworth, et. al., Iowa District Court for Polk County. Prepared analysis of economic loss earnings as a result of an injury sustained in a car accident. Testified as an expert witness at trial. Engaged by counsel for plaintiff.

 

Shawn Fox is a managing director with Willamette Management Associates. He has nearly 20 years of accounting and consulting experience. As a certified public accountant, Shawn provides dispute advisory and litigation services, fraud and forensic accounting investigative services, and valuation services to organizations and their counsel.

Shawn directs forensic investigations and analysis across a wide range of areas, including complex damages, lost profits, intellectual property infringement, and bankruptcy litigation, as well as valuation and insurance coverage disputes.

With significant experience in the preparation of expert reports, Shawn assists clients in all phases of litigation, including case assessments, discovery, document review, damages analysis, and demonstrative exhibits. He has testified in various different matters at deposition, trial, and arbitration as an expert and has served as a court-appointed receiver. Shawn has been qualified as an expert witness in federal district and bankruptcy courts and state courts across the U.S.

Shawn also leads investigations on financial restatements and financial reporting fraud, regulatory investigations, assessing fraud risk, corporate investigations, employee misconduct, and whistleblower matters.

Prior to joining Willamette Management Associates, he was the Partner-in-Charge of McGladrey LLP’s litigation and investigation consulting services practices for the Central Region and a Managing Director of BDO’s litigation and dispute resolution practice in Chicago.

Education
Bachelors of Business Administration, accounting, University of Iowa

Licenses and Certifications
Shawn holds the following certifications:

  • Certified Public Accountant (CPA) licensed in Illinois, Missouri, Kansas, and Iowa.
  • Accredited in Business Valuation (ABV) with the American Institute of Certified Public Accountants (AICPA).
  • Chartered Financial Analyst (CFA) with the CFA Institute (CFAI).
  • Accredited Senior Appraiser (ASA) with the American Society of Appraisers in the business valuation discipline.

Professional Affiliations
His professional affiliations include:

  • American Institute of Certified Public Accountants (AICPA)
  • Missouri Society of Certified Public Accountants (MOCPA)
  • National Association of Forensic Economics (NAFE)
  • Turnaround Management Association (TMA)
  • American Society of Appraisers (ASA)

Professional Publications
“Perspectives from an Expert Witness—Effective Techniques and How to Elicit and Use Financial and Accounting Information with Expert Witnesses,” Practicing Law Institute, September 2014.

“Accounting Basics for Attorneys,” National Business Institute, September 2012.

“Forensic Accounting and Valuation in Divorce,” National Business Institute, May 2007.

“Business Valuation Discounts,” The KC Counselor, August 2002.

“CPA Litigation Services Standards,” Kansas Trial Lawyer Association Journal, Vol. XXV, No. 6,
July 2002, co-authored.

“TAM Holds FLP Gifts Ineligible for Annual Exclusion,” Shannon Pratt’s Business Valuation Update, Vol. 4, No. 2, February 1998, co-authored.

Presentations
12/14 “Identifying Financial Reporting Fraud” (co-presenter) Sponsor: Association for Corporate Growth – Chicago Chapter

9/14 “Fraud in the Not-For-Profit Sector” (co-presenter) Sponsor: CFO/Director of Finance Network (Chicago)

3/14 “Excel Including Other Software” (co-presenter) Sponsor: Golan & Christie LLP

4/13 “How to Prove Damages in Patent, Trademark and Copyright Cases” (panelist) Sponsor: The Knowledge Group/The Knowledge Congress

1/13 “Special Considerations of Not-For-Profit Fraud Engagements” Sponsor: McGladrey Not-For-Profit Conference CPE Credit

12/12 “Cross-Examination of Plaintiff’s Damages Experts” (panelist) Sponsor: Kansas Association of Defense Counsel

9/12 “Understanding Financial Statements, Risks, and Red Flags” (co-presenter) Sponsor: The Stolar Partnership LLP Missouri CLE Credit

4/12 “Common Mistakes to Avoid in Calculating Lost Profits in Breach of Contract Matters” (co-presenter) Sponsor: Sandberg Phoenix & von Gontard P.C.

3/11 “Calculating Unjust Enrichment Damages Claims” Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

2/11 “What You Need to Know About Purchase Price Disputes” Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

1/11 “Calculating Damages in Employment Litigation Matters” Sponsor: Carmody MacDonald P.C. CLE Credit

11/10 “Common Mistakes to Avoid in Calculating Lost Profits in Breach of Contract Matters” Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

11/10 “Recent Trends in Business Valuation Discounts” Sponsor: University of Iowa College of Law Probate CLE Program

9/10 “Calculating Misappropriation of Trade Secrets Damages Claims” Sponsor: McGladrey Forensic Accounting Webinar Series CLE Credit

6/10 “Management Projections Under ASC 820” Sponsor: McGladrey Fair Value Measurements Webcast CPE Credit

2/10 “Fidelity Bond Claim Investigations” Sponsor: Greater Kansas City Insurance Risk Management Society

12/09 “Working with Accounting Experts on IP Matters” Sponsor: Lawyers Association of Kansas City – 2nd Annual IP CLE

1/09 “Calculation of Business Interruption Losses” Sponsor: Chubb Insurance

12/08 “Trial Skills Workshop” (panelist) Sponsor: Kansas Association of Defense Counsel

10/08 “Calculation of Business Interruption Losses” Sponsor: Chubb Insurance

3/08 “Valuing Your Business” Sponsor: Creighton University – The Center for Family Business

7/07 “Understanding the Complexity of Damages Issues in Franchise Litigation matters” Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

6/07 “Lost Profits and Diminution of Value Claims” Sponsor: Sandberg, Phoenix & Von Gontard, P.C. CLE Credit

6/07 “Analyzing Claims Against Directors and Officers” Sponsor: Chubb Insurance (Chicago)

5/07 “Estimating Claims in Trademark Matters” Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

3/07 “Analyzing Claims Against Directors and Officers” Sponsor: Chubb Insurance (Kansas City)

11/06 “IP Infringement Damages,” Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

6/06 “Identifying Red Flags and Fraud for Troubled Businesses” Sponsor: Kansas City Metropolitan Bar Association Commercial & Bankruptcy Committee

4/06 “Avoiding the Seller’s Curse” Sponsor: Grant Thornton Sonnenschein Corporate Counsel Series

12/05 “Valuing Distressed Companies and Solvency Analysis” Sponsor: Lathrop & Gage CLE Credit

10/05 “Business Failure Warning Signs” Sponsor: Partnering Organizations With Essential Resources, Greater Kansas City Chamber of Commerce

9/05 “Avoiding Pitfalls Leading to Failed Acquisitions” Sponsor: Merger & Acquisition Workshop, Kansas City Metropolitan Bar Association

9/05 “Valuing Distressed Companies and Solvency Analysis” Sponsor: Foley & Lardner

7/05 “Financial Reporting Dilemmas” Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

6/05 “Valuing Distressed Companies and Solvency Analysis” Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit

12/04 “Expert Standards and Traps to Avoid” Sponsor: Kansas City American Society of Appraisers Chapter

9/04 “Lost Profits Case Workshop” Sponsor: Kansas City Metropolitan Bar Association Young Lawyers Section CLE Committee

9/04 “Key Ways to Bolster Your Claims Management” Sponsor: Missouri and Kansas CLE Credit

11/03 “Financial Analysis Workshop for Litigators” Sponsor: Waller Lansden Dortsch & Davis Tennessee CLE Credit

6/03 “Financial Analysis Workshop for Litigators” Sponsor: Law of Polk County Iowa CLE Credit

1/03 “Financial Information in the Discovery Process,” Sponsor: Polsinelli Shalton & Welte Missouri and Kansas CLE Credit

11/02 “Financial Analysis in Litigation” Sponsor: Spencer Fane Britt & Brown, LLP Missouri and Kansas CLE Credit

9/02 “Use of Public Filing Information in Litigation” Sponsor: Shook, Hardy & Bacon L.L.P. Missouri and Kansas CLE Credit

4/02 “Financial Statement Basics” Sponsor: Shook, Hardy & Bacon L.L.P. Missouri and Kansas CLE Credit

1/02 “Conducting a Lost Profits Engagement” Sponsor: Grant Thornton Litigators Forum, Missouri and Kansas CLE Credit Missouri and Kansas CLE Credit

10/99 “Valuation of Business Interests,” Sponsor: Iowa Trust Association

12/98 “Business Valuation” Sponsor: Iowa Farm & Land Chapter #2 Realtors Land Institute

Media Interviews

11/14 “How to Prevent the Top Post-Closing Disputes” AICPA FVS News

6/08 “Right Insurance Prevents Tragedy after Natural Disaster” Kansas City Business Journal

6/08 “Create an Audit Trail to Prove Business Losses” The Gazette (Cedar Rapids, Iowa)

3/06 “Crunched by Numbers: Professionals Can Spare Small, Midsize Businesses from Accounting Anarchy,” Kansas City Business Journal

Expert Testimony

2014 B.E. Smith, Inc. vs. Integrated Healthcare Strategies, LLC and Jacqueline Leotaud. Prepared analysis of damages alleged by the Plaintiff in a misappropriation of trade secrets, tortious interference with contractual relationships, and breach on non-compete agreement. Testified as an expert witness at deposition.

2014 Heritage Recycling, LLC, Claimant v. Energy Creates Energy, LLC and Genesys Industrial Corp., Respondents and Energy Creates Energy, LLC, Counterclaimant v. Heritage Recycling, LLC; Heritage Environmental Services, Inc.; Heritage Environmental Services, LLC; and The Heritage Group, Counterclaim Respondents. Prepared analysis of damages alleged by Claimant and Counterclaim. The Claimant was asserting breach of contract and the Counterclaimant was asserting breach of contract; declaratory judgment; misappropriation of trade secrets; fraudulent inducement to enter a contract; tortious interference with a contract; and alter ego liability. Testified as an expert witness at deposition and at arbitration hearing for Respondents and Counterclaimant.

2013 Thomas R. Winston v. UMB Bank, N.A., In the Circuit Court of Jackson County, Missouri at Kansas City. Prepared rebuttal analysis of Plaintiff's expert's damages calculations. This was a breach of fiduciary duty matter involving bank trust department. Testified as an expert witness at deposition.

2013 ForteCEO Services, Inc. v. Terra Contracting, LLC, In the United States District Court for the Northern District of Illinois, Eastern Division. Prepared rebuttal analysis of Plaintiff's expert's damages calculations. Analyzed adjusted EBITDA and enterprise value. Testified as an expert witness at deposition.

2012 Laclede Gas Company v. St. Charles County, State of Missouri, In the District Court of St. Charles County, Missouri. Prepared analysis of accounting records in billing dispute on construction projects. Testified as an expert witness at deposition. Engaged by counsel for defendant.

2012 In re: Genmar Holdings, Inc. – Chapter 7, Case No. 09-43537

In re: Marine Media, LLC – Chapter 7, Case No. 09-43547

In re: Triumph Boats – Chapter 7, Case No. 09-43550

In re: Genmar Michigan – Chapter 7, Case No. 09-43543

In re: Genmar Tennessee – Chapter 7, Case No. 09-43544

In re: Wood Manufacturing Co. Inc. – Chapter 7, Case No. 09-43556

United States Bankruptcy Court for the District of Minnesota

Prepared solvency analysis of 37 legal entities in connection with preference and fraudulent transfer payment litigation. Testified as an expert witness at deposition. Engaged by Bankruptcy Trustee.

2012 Dr. John Dedic v. Garald E. Price, et al., In the United States District Court for the Western District of Missouri. Prepared analysis of accounting, financial, and loan records. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2012 E.L. Thompson Farms, Ltd. v. Aurora County, South Dakota, First Judicial Circuit of South Dakota. Prepared financial analysis of the plaintiff’s farming and dairy operation businesses and analysis of probability of success of expansion of dairy from 1,200 to 2,000 dairy cows in connection with regulatory taking (inverse condemnation) legal claim. Testified as an expert witness at trial. Engaged by counsel for defendant.

2012 M7 Capital, LLC v. Theodore B. Miller, Jr., District Court of Harris County, Texas. Prepared analysis of the plaintiff’s expert’s valuation analysis in a shareholders dispute. Testified as an expert witness at deposition and at trial. Engaged by counsel for defendant.

2012 Steven and Ruth Mitchell, et al. v. Residential Funding Corporation, Household Finance Corporation, and Wachovia Equity Servicing LLC, Circuit Court of Jackson County, Missouri. Prepared analysis of the alleged “economic opinion of the vulnerability” of the Household plaintiff subset asserted by the plaintiff’s expert. Testified as an expert witness at deposition. Engaged by counsel for defendant.

2012 Matter of the Marriage of Denise Robinett and Richard Robinett, District Court for Johnson County, Kansas. Prepared valuation of title company business and analysis of income earned by both parties. Testified as an expert witness at deposition. Engaged by counsel for respondent.

2012 James G. Gibbs v. Wilson & Company, Inc. Engineers and Architects and WCEA Corporation, et al., District Court for Johnson County, Kansas. Prepared valuation analysis of shares held by plaintiff in a shareholder’s litigation matter. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2011 ScriptPro, LLC v. Innovation Associates, Inc., United States District Court of Kansas. Prepared analysis of reasonable royalty damages in connection with patent infringement regarding collating technology and rebuttal analysis of the counterclaim damages asserted by the defendant. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2011 Health Care Foundation of Greater Kansas City vs. HM Acquisition, LLC and HCA, Inc., Circuit Court of Jackson County, Missouri. Prepared analyzed whether HCA complied with reporting requirements set forth in the Asset Purchase Agreement related to capital improvements and charity care obligations. Testified as an expert witness at deposition and at trial. Engaged by counsel for plaintiff.

2011 Tharaldson Ethanol Plant I, LLC, Claimant vs. Braunschweigische Maschinenbauanstalt AG, Respondent, American Arbitration Association, Minnesota. Prepared a calculation of the claimant’s lost profits damage due to its ethanol plant not operating at or near nameplate capacity because of the defective drying system supplied by the respondent. Testified as an expert witness at the arbitration hearing. Engaged by counsel for the claimant.

2011 Vivek Sahgal and Namita Sahgal vs. Scanlon’s LLC; Patrick M. Scanlon; Susan V. Scanlon; All Under One Roof, Inc.; and Kyle Davey, District Court of Johnson County, Kansas. Prepared calculation of plaintiffs’ damages related to construction cost overruns, costs incurred to correct construction deficiencies, additional financing costs, and liquidated delay damages. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2010 Union County, Iowa v. Piper Jaffray & Co., Inc., United States District Court for the Southern District of Iowa- Central Division. Prepared analysis of economic loss allegedly incurred by the plaintiff in connection with the issuance of general obligation bonds. Testified as an expert witness at deposition and trial. Engaged by counsel for defendant.

2010 CareFusion 123, LLC v. Professional Disposables International, Inc. and Nice-Pak Products, Inc., United States District Court for the District of Kansas. Prepared rebuttal analysis of damages claims asserted by the plaintiff related to alleged false and misleading marketing activities of the defendants, alleged breach of the settlement agreement, and alleged fraudulent inducement of the settlement agreement and prepared counterclaim damages claim related to alleged false and misleading marketing activities of the plaintiff. Testified as an expert witness at deposition. Engaged by counsel for defendant.

2010 Osment Models, Inc. and O CO. v. Mike’s Train House, Inc., United States District Court for the Western District of Missouri. Prepared analysis of damages claims in copyright infringement matter. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2009 Fail-Safe, LLC v. A.O. Smith Corporation, United States District Court for the Eastern District of Wisconsin. Prepared analysis of unjust enrichment and reasonable royalty damages claims. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2009 Furminator, Inc. and Portervision, Inc. v. Munchkin, Inc. and Kim Laube & Co., Inc., United States District Court for the Eastern District of Missouri. Prepared analysis of lost profits and reasonable royalty damages claims asserted by the Plaintiffs. Testified as an expert witness at deposition. Engaged by counsel for Munchkin.

2009 In re: Dial-A-Mattress Operating Corp. – Chapter 7, Case No. 09-41966

In re: 1-800-Mattress Corporation – Chapter 11, Case No. 09-42201

In re: Dial-A-Mattress International Ltd. – Chapter 11, Case No. 09-42203

United States Bankruptcy Court for the Eastern District of New York

Prepared estimated rejection claims damages analysis asserted by terminated franchisee. Testified as an expert witness at deposition. Engaged by counsel for terminated franchisee.

2009 Eagle Well Service, Inc. v. Central Power Systems & Services, United States District Court for the District of Kansas. Prepared analysis of out-of-pocket expenses and lost profits damages asserted by the plaintiff. Testified as an expert witness at deposition. Engaged by counsel for defendant.

2009 Pier To Pier, Inc. v. U.S. Bank, Multi Service Corporation, Diane Criswell, Mark O’Connell, and Rob Abele, Circuit Court of Jackson County, Missouri. Prepared analysis of defendant’s profits. Testified as an expert witness at deposition and at trial. Engaged by counsel for plaintiff.

2009 John and Jeanette Schwartz, et al. v. Bann-Cor Mortgage, The Money Store, LLC, and Wachovia Equity Servicing, LLC, Circuit Court of Jackson County, Missouri. Prepared analysis related to benefits received by the borrowers, analyzed alleged vulnerability of the borrowers, and analyzed fees paid to third parties. Testified as an expert witness at deposition. Engaged by counsel for defendant.

2008 Hawkeye-Security Insurance Co. as Subrogee of Arno, Inc. d/b/a the Pizza Shoppe v. Kitty’s Salad, Inc. and ONEOK, Inc, District Court of Johnson County, Kansas - Prepared damages assessment related to business interruption. Testified as an expert at trial. Engaged by counsel for plaintiff.

2007 MGP Ingredients, Inc. v. Mars, Inc. and S&M NuTec, LLC, United States District Court for the District of Kansas. Prepared damages assessment related to alleged breach of contract, patent infringement, tortuous interference, and misappropriation of trade secrets. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2007 Thomas J. McCormack, M.D. v. Gregory L. Hummel, M.D., Individually and Gregory L. Hummel, M.D., P.C., Circuit Court of Jackson County, Missouri - Financial expert regarding valuation and financial terms of buy-sell agreement. Testified as an expert witness at deposition and trial. Engaged by counsel for defendants.

2006 Greg Sanders v. Henry Hoffman; Kory Dillman; David Mendez; Tom Noland; Richard Iler; and Terry Thompson, Circuit Court of Jackson County, Missouri. Financial expert in directors and officers litigation matter of an SEC company. Testified as an expert witness at deposition and trial. Engaged by counsel for defendant.

2004 Michael McKee v. All Green Corporation, State of Michigan American Arbitration Association. Prepared valuation of regional lawn care business in ownership disputes matter. Testified as an expert witness at the arbitration hearing. Engaged by counsel for plaintiff.

2003 B. Glenn Martin v. American Airlines, Inc.; Transport Workers of America, Local 512; Kevin Silvas; and Glen Harmon, United States District Court for the Western District of Missouri. Analysis of economic loss earnings due to alleged wrongful termination. Testified as an expert witness at deposition. Engaged by counsel for plaintiff.

2001 Thomas W. Payne v. Mary Ann Burris, Barbara Crosby, Lincoln National Life Insurance Company and Lincoln Financial Advisors Corporation, NASD Regulations, Inc. Office of Dispute Resolution. Prepared analysis of lost profits and decline in value of insurance agency. Testified as an expert witness at deposition and at trial. Engaged by counsel for defendants.

2001 Craig Probasco v. Ralane Probasco, Iowa District Court for Woodbury County. Prepared appraisal of a restaurant franchise for the purpose of marital dissolution. Testified as an expert witness at trial. Engaged by counsel for respondent.

2000 Robert Lippold, et. al. v. Scott Hinkley, Sr., et. al., Iowa District Court for Mahaska County. Appointed by Mahaska county Court as Receivership. Prepared analysis of properties and other assets owned by Mr. Hinkley and his businesses. Mr. Hinkley operated a multi-million dollar Ponzi scheme in Iowa and Missouri.

1999 Alcorta v. Woodworth, et. al., Iowa District Court for Polk County. Prepared analysis of economic loss earnings as a result of an injury sustained in a car accident. Testified as an expert witness at trial. Engaged by counsel for plaintiff.

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