• Hotel and real estate industry business issues expert with 25 years consulting experience
resolving disputes between owner-operator, borrower-lender, tenant-landlord and franchisee-franchisor.
• CRE, ASA, ISHC, certified appraiser, trained arbitrator & mediator.
• Recipient of top award for real estate consultants and appraisers for valuing the Grand
Canyon National Park.
• Fluent in ground & building leases; management contracts; franchise agreements; partnership & JV agreements; concession contracts; development agreements and loan docs.
• Expert witness testimony; litigation strategy, consultation and support; damage calculations; lost profits analysis; real estate appraisals; deal structuring; workouts; bankruptcy; new development planning; market demand assessment; acquisition due diligence; and economic, market, financial & investment analysis.
• Can estimate damages and appraise property values under multiple scenarios.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: BA, Economics, Macalester College; Masters of Public Administration, municipal finance & Private/public partnerships, University of Southern California; State certified General Real Property Appraiser in CA; NASD Arbitrator; L.A. County Superior Court Mediator
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Board of Directors and Chairman of Professional Conduct Committee of the International Society of Hospitality Consultants (ISHC); Board of Arbitrators of NASD Regulation, Inc.; member of Counselors of Real Estate (CRE); American Society of Appraisers (ASA); Forensic Expert Witness Association (FEWA).
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Guest lecturer to MBA Real Estate Investment Analysis class at Haas School of Business at UC Berkeley. Over 25 speaking engagements at Hotel and Real Estate Industry Conferences and seminars; topics include ADR; Litigation Support Services; Arbitration Opportunities; and How to Value Improvements in a National Park.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: Over two dozen
Q: For what area(s) of expertise have you been retained as an expert?
A: Hotel and Real Estate business issues, including market, economic and financial feasibility, valuation/appraisal, bankruptcy, new development, hotel operations, management and marketing; franchising; ground leases; and concession contracts.
Q: In what percentage of your cases were you retained by the plaintiff?
A: about 50%.
Q: In what percentage of your cases were you retained by the defendant?
A: the other 50%.
Q: On how many occasions have you had your deposition taken?
A: 20.
Q: When was the last time you had your deposition taken?
A: this year.
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: at least fifteen.
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 5 Superior/State Court jury trials, two US bankruptcy court appearances, 7 arbitrations, two mediations.
Q: For how many years have you worked with the legal industry as an expert?
A: At least fifteen.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Expert witness testimony; litigation strategy, consultation and support; damage calculations; lost profits analysis; real estate appraisals; deal structuring; workouts; new development; strategic planning; market demand assessment; acquisition due diligence; and economic, financial and investment analysis.
Q: What is your hourly rate to consult with an attorney?
A: $400 to $450 per hour.
Q: What is your hourly rate to review documents?
A: $350 to $400 per hour.
Q: What is your hourly rate to provide deposition testimony?
A: $450 to $500 per hour.
Q: What is your hourly rate to provide testimony at trial?
A: $450 to $500 per hour.
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: travel expenses, report production, purchase of data, and postage and delivery charges.
References
City of San Diego condemnation cases (8)ó1999 to 2002Includes testimony in three jury trials
Contact: Mr. Dennis Daley
Daley & Heft of Solana Beach, CA
Tel. 858-755-5666
Ddaley@daley-heft.com;
National Park Service arbitrations (4)ó1996 to 2000
Includes testimony in four arbitrations
Contact: Ms. Pam Barkin, current Solicitor
U.S. Department of the Interior, Washington, DC
Tel. 202-208-7957
or Lars Hanslin, former Senior Solicitor, 301-654-0030
Marriott Courtyard class action mediationó1999 and 2000
Includes service as Industry Expert for the Mediators
Contact: Mr. Richard Tufaro
Milbank, Tweed of Washington, DC
Tel. 202-835-7569
U.S. Grant Hotel owner vs. Operator disputeó2000 to 2001
Contact: Mr. Dana Dunwoody
Mazzarella, Dunwoody & Caldarelli of San Diego, CA ddunwoody@mdclaw.com
Tel. 619-238-4900
Homebuilder vs. resort developer disputeó2000 to 2001
Includes deposition testimony
Contact: Mr. Eric Landau
McDermott, Will & Emery of Irvine, CA
Tel. 949-757-7162
