Founder/Managing Director

United States Federal and State Court Litigation

Energy

• Analyzed alleged underpayments associated overriding royalty interests in gas wells acquired by an oil and gas company.
• Served as a bankruptcy advisor to the Unsecured Creditors Committee of a large integrated nuclear corporation. Role included research and advisory related to potential claims or causes of action that could result additional funds to the bankruptcy estate and creditor pool.
• Evaluated damages allegedly owed by an E&P company with operations in Colombia accused of fraudulently misrepresenting reserves to its investors.
• Evaluated a large investment bank’s role with respect to a $45 million secured debt issuance with warrants that was consummated by an E&P company with operations in South America. Analysis also included an evaluation of the solvency and value of the company as of certain dates. Evaluated $650 million damages claim for an integrated oil and gas firm accused of interfering with the contract execution between a geophysical services company and the Mexican government. Analysis included an evaluation of the capital position of the plaintiff company, the underlying assumptions in the lost profits model, and the viability of the claimed cash flows.
• Evaluated calculation of alleged damages resulting from a U.S. refinery fire totaling in excess of $600 million. Analyzed underlying accounting records, forecasts, budgets, production charges, and pricing used in the plaintiff’s damages model and identified $150 million in overstatements, errors, and unsupported calculations.
• Valued lost profits and incremental expenses incurred as a result of lost generation capabilities at a large coal-fired generation facility. Project required the historical analysis of generation facility and entire power generation fleet of defendant company, the evaluation of third-party sales and purchase transactions during the damage period, the determination of market prices during the damage period, and the evaluation of incremental generation costs.
• Quantified economic damages arising from a power trading dispute involving natural gas pricing swaps.

Real Estate/Environmental/Toxic Tort/Class Action

• Evaluated multiple diminution of property value claims along the Gulf Coast alleged as a result of the Deepwater Horizon spill.
• Prepared analysis in opposition of class certification for a proposed class of residential homeowners seeking property value diminution damages. Prepared analysis in opposition to class certification for thousands of residential and commercial property owners seeking class certification for damages resulting from alleged property value stigma associated with a former wood-treating facility (now Superfund site). The analysis presented included an evaluation of the merits of using Plaintiffs’ proposed automated regression model as a method to uniformly determine unimpaired market value and damages on a class-wide basis.
• Prepared analysis in opposition to class certification for thousands of residential property owners seeking class certification for damages resulting from allegedly defective roofing shingles. The analysis presented included an evaluation of the merits of using Plaintiffs’ proposed automated valuation (i.e. regression) model as a method to uniformly determine unimpaired market value and damages on a class-wide basis.
• Evaluated the economic benefit (as calculated under the EPA’s “BEN” model) allegedly reaped by a metallurgical coke manufacturer as a result of delayed capital expenditures necessary to maintain compliance with pollution control standards. Also examined their ability to pay the calculated benefit.
• Determined the appropriate restated accrual amounts related to toxic tort for two separate years for a large public chemical manufacturer.
• Evaluated the EPA’s claim that a large oil and gas company gained an economic benefit of $80 million as a result of delaying certain capital expenditures and operating expenses at its refineries. The claim was levied against the company after an oil spill.
• Evaluated numerous property value diminution and stigma claims as result of various forms of environmental contamination including petroleum hydrocarbons, TCE and PCE.
• Calculated economic damages and lost profits associated with a commercial real estate dispute.