1. Consultant with respect to a class action brought in U.S. bankruptcy court by 40,000 investors who had invested in $1.6 billion of credit-linked notes ("CLNs") secured by (a) notes issued by a synthetic collateralized debt obligation issuer (a "CDO") and (b) credit default swaps ("CDS"). The case was brought against the now-bankrupt sponsor and swap counterparty, its bankrupt parent and the trustee with respect to the CLNs.

  2. Consultant with respect to a class action relating to $1.2 billion of notes issued by a CDO brought in U.S. District Court for the Southern District of New York by the purchasers of the notes against the investment banks that established the CDO and sold its notes.

  3. Consultant in a class action brought in U.S. District Court for the Central District of California against a major bank and numerous large underwriters involving mortgage-backed securities ("MBS") issued by several vehicles established by the bank and securities issued by the bank, most of the assets of which consisted of home mortgages.

  4. Consultant to and potential expert witness for a large investment bank defendant in an arbitration proceeding brought by another large investment bank involving nine CDOs established by the defendant. The proceeding involved the interpretation of the relevant documents and the rights of the plaintiff under those documents, which claimed to have suffered a $130 million loss.

  5. Consultant with respect to an action to be brought in New York State Supreme Court by a large bank that had invested in now-worthless notes issued by two structured investment vehicles ("SIVs") against the banks that had sponsored the SIVs.

  6. Consultant with respect to a class action to be brought in New York State Supreme Court by investors in two SIVS against the banks that had sponsored the SIVs.

  7. Consultant and potential expert witness with respect to an interpleader action in the U.S. District Court for the Southern District of New York against a bank that acted as liquidity provider to and purchaser of certain notes issued by a $750 million hybrid CDO and the investment bank that established the CDO, brought by the trustee with respect to the notes.

  8. Consultant relating to a $75 million dispute between a large bank against another large bank that had sold the former several CDOs and CDS.

  9. Consultant and potential expert witness in a case brought in federal court (United States District Court for the Southern District of New York) by a hedge fund against a major bank involving, inter alia, the amount of collateral that the latter could require the former to post with respect to a CDS.

  10. Consultant and potential expert witness in a case brought in the same federal court by the same hedge fund against a different major bank involving issues similar to those described in 9 above.

  11. Consultant to plaintiffs in class action brought in U.S. District Court for the Southern District of New York by investors in a SIV against the sponsor of same and the three major rating agencies.

  12. Consultant to plaintiffs in a separate class action brought in same court against same defendants arising out of similar facts.

  13. Consultant and potential expert witness in an arbitration brought in Michigan by a large public pension fund against two CDOs, their sponsors, and their underwriters, as well as several investment advisers, relating to a $40 million investment involving securities law fraud, breach of fiduciary duty and conflict of interest.

  14. Consultant and potential expert witness in a case brought in a Utah state court by two borrowers against a large bank involving whether the bank had the right to collect damages under an interest rate swap agreement using an ISDA form entered into for the purpose of converting a floating rate interest rate loan into a fixed rate loan when the bank refused to make the loan.

  15. Consultant and potential expert witness in a case in U.S. District Court for the Southern District of NY between a bond insurer and a public authority over whether the latter had correctly calculated a Settlement Amount under an ISDA agreement; although there was no dispute over whether the latter was entitled to a Settlement Amount, the former argued that the latter, although entitled to use "Market Quotation", should have used "Loss", which would have resulted in damages far below the $156 million claimed by the latter.

  16. Expert witness in a bankruptcy case in the U.S. Bankruptcy Court for the Northern District of Illinois. Although there were many issues involved, the primary issues that I was involved with were whether in fact there had been a "true sale" of receivables by the bankrupt parent to its wholly-owned special purpose entity subsidiary and whether that subsidiary should be consolidated with the parent for the benefit of the parent's creditors. Wrote two expert reports. Deposed. "Prepped" by counsel to testify; judge decided not necessary to testify, due to judge's view that expert report was extremely well-written and very easy to understand.

  17. Consultant in a case in Montana in which a bank and a wealthy individual had entered into a loan agreement and an interest rate swap relating to the loan, secured by most of the individual's real estate and other property; main questions were whether the transaction was appropriate for the individual and consistent with banking practice.

  18. Consultant with respect to a potential case to be brought by a large international bank against another large international bank in connection with a SIV established by the latter; the main issues concerned whether several detrimental amendments to the key documents which were adopted without the consent of the potential plaintiff required such consent and, if not, if there were other bases on which a suit could be brought.

  19. Expert witness on behalf of the defendants in a case brought in a state court in Virginia by a large bank relating to an interest rate swap that is now "out of the money" from the standpoint of the defendants. The defendants speak no English and were given no warnings about any risks that they might incur by entering into the swap. My issue is what kind of precautions a bank would normally take before entering into such an arrangement. Wrote expert report.

  20. Expert witness with respect to a class action brought in the U.S. District Court for the Southern District of New York by investors who had invested $154.7 million in CLNs secured by (a) notes issued by a synthetic CDO issuer and (b) CDS. Main issues were whether sponsor had deliberately set up the arrangement to fail, from the investor's standpoint, and, if so, whether this fact had been disclosed sufficiently. Wrote expert report. Deposed twice.

  21. Consultant and potential expert witness with respect to "put back rights" with respect to numerous non-prime mortgage loans originated and serviced by the client lender which collateralize several dozen MBS transactions. The main question is whether the offering documents failed to make adequate disclosure with respect to a component of the put back rights which would allow the client to repurchase certain of the loans at a price that is less than might have been expected by an investor.

  22. Consultant and potential expert witness in a Texas state court case involving alleged legal malpractice on the part of a major law firm when it failed to amend all relevant provisions in agreements relating to a CDO contemplated by the client, which mistakes cost the client $95 million.

  23. Consultant and potential expert witness in a case brought by an investor in a CDO against the Collateral Manager of the CDO involving the question of whether the Collateral Manager had bought securities not permitted by the restrictions placed on the Manager by the CDO, as disclosed in the offering materials pursuant to which the investor purchased securities issued by the CDO.

  24. Expert witness on behalf of the defendants in a case brought in a state court in Colorado by a large bank relating to an interest rate swap that was terminated by the bank when the related loan was paid off by the defendants. The bank was seeking a large termination fee despite the fact that the defendants had not asked for an interest rate swap, had no idea how they work and were given no warnings of any kinds about the risks that they might incur by entering into one. The case settled; according to the lawyers who hired me, the settlement was primarily due to my expert report.

  25. Consultant and potential expert witness in an antitrust class action suit brought against several large banks and two non-bank defendants that were accused of conspiring to restrain competition in the market for CDS; damages sought were in the billions of dollars. Wrote expert report.

  26. Consultant for large litigation firm that was considering joining the case described in 25, as co-counsel for plaintiffs.

  27. Consultant in a False Claims Act case brought in the name of the United States in the U.S. District Court for the District of Nevada against a major participant in the student loan market.

  28. Consultant and potential expert witness in a class action to be brought on behalf of home owners currently in foreclosure suits; main issue is whether the defendant in the class action had standing to bring the foreclosure suits.

  29. . Expert witness on behalf of the defendants in a case brought in federal court in New Jersey by a large bank relating to an interest rate swap that was terminated by the bank when the related loan was accelerated due to a loan-to-value default. The bank was seeking a large termination fee despite the fact that the defendants had no idea how swaps work and were given virtually no warnings of any kinds about the risks that the defendants might incur by entering into one. Other issues included whether the related guaranties actually extended to the swap and how to interpret a 50% limitation in the guaranties under the facts of the case. Wrote expert report. Deposed.

  30. Expert witness on behalf of the defendants in a case brought in a state court in Maryland by a large bank relating to an interest rate swap that was terminated by the bank when the related loan was paid off by the defendants. The bank was seeking a large termination fee despite the fact that the defendants had not asked for an interest rate swap, had no idea how they work and were given no warnings of any kinds about the risks that the defendants might incur by entering into one. Wrote expert report.

  31. Consultant hired by a major litigation firm to go through several Pooling and Servicing Agreements and the related prospectuses in order to help the firm figure out a way that the plaintiffs in several cases--minority but significant investors in the relevant RMBS transactions--could overcome motions to dismiss based on a lack of standing.

  32. Consultant and potential expert witness in a class action case brought in federal court in the Southern District of New York by a class of investors claiming that the defendant investment bank had set up two synthetic CDOs designed specifically so that the bank could decrease its overall "long" exposures to MBS via "short" positions on the securities without revealing either (a) that that was what the bank was doing or (b) that the bank was predicting internally that the MBS would soon be worth far less than they were at the time the CDOs were established.

  33. Consultant and potential expert witness in an action brought in federal court in the Southern District of New York by a foreign bank against a large international commercial and investment bank relating to notes sold by a $3 billion CDO established by the defendant; the plaintiff claims that the CDO was in reality a fraudulent investment vehicle created by the defendant to move mortgages that violated basic underwriting standards off of its balance sheet and onto those of the plaintiff.

  34. Consultant and potential expert witness in an action brought in federal court in the Southern District of New York by a foreign bank against two large underwriters relating to notes sold by a $1.5 billion CDO established by the defendants; the plaintiff claims that the defendants should have disclosed, inter alia, that, immediately after one of the defendants purchased some of the equity shares issued by the CDO, the defendant on its own books valued the shares at only slightly more than 50% of what it had paid for them.

  35. Consultant and potential expert witness in an action brought in federal court in the Eastern District of Pennsylvania by a person who was injured by equipment he had bought that was manufactured by one of the defendants ("Defendant A"), which had bought the rights to manufacture and sell such equipment from one of the other defendants. My issues were whether the due diligence conducted by Defendant A before purchasing these rights deviated in any way from industry custom and practice and whether Defendant A had failed to require that the relevant asset purchase agreement contain terms that under industry custom and practice would normally have been included in such an agreement. Wrote expert report; counsel reported that the report was very important in bringing about a settlement.

  36. Consultant and potential expert witness in a case in the District Court of Douglas County (Omaha), Nebraska. My role has been to help the plaintiff, a family trust, prove that the Bank trying to foreclose on the trust's property could not be the actual owner of the loan and mortgage relating to the property, which had most likely been sold to a different bank or securitization trust before the proceeding was brought.

  37. Consultant and potential expert witness in a similar case brought in the Supreme Court of the State of New York, Columbia County, by a bank against an elderly homeowner. My role was to help the homeowner prove that the bank was not the owner of the relevant property at the time the foreclosure proceedings were begun.

  38. Consultant and potential expert witness in a case brought in the name of the United States in the U.S. District Court for the Southern District of California against a major insurance company "bailed out" by the U.S. and four major banks and investment banks involving numerous CDS sold by the insurance company to the banks relating to CDOs, as well as MBS bought by the insurance company primarily from the defendants. Main issues are whether insurance company had any defenses against claims against the CDS, whether banks were aware of the potential defenses, and whether insurance company was involved in fraud in selling the MBS to the U.S. Amount sought is in excess of $100 billion.