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James G. Herblin
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Accounting / Financial Litigation Consultant Expertise

Expert Witness Testimony

Forensic Accounting / Accounting Fraud

Business Valuation Services

Breach of Contract / Misrepresentation

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Partial Case Experience in Breach of Contract / Misrepresentation

Estate of Mickey Mantle v. The Upper Deck Company - calculated damages on behalf of Plaintiff against a sports memorabilia company.  Provided written testimony at trial.  Case was tried and Plaintiff was awarded damages.


NDCHealth Corporation v. Healthcare Computer Corporation, et al - on behalf of Plaintiff, performed various financial analyses and calculated damages based upon contractual agreement between the parties.  Prepared written analyses.  Case settled before trial.


Lasko Products, Inc. v. Able Machinery Movers, Inc.  - on behalf of Defendant, reviewed and critiqued Plaintiff's damages expert report;  calculated lost profits based on actual and projected production capacity of a damaged machine;  and presented damage analysis testimony at mediation.  Plaintiff alleged lost profit damages for the downtime that occurred during the repair of a damaged machine.  Case settled at mediation for Plaintiff's estimated legal costs.


Devin Malone v. Ariba, Inc. - calculate damages on behalf of Plaintiff related to commissions in accordance with various compensation plan agreements, including consequential damages relative to Plaintiff's rights regarding the Employee Stock Purchase Plan.  Also reviewed professional accounting literature (both generally accepted accounting principles and Securities and Exchange Commission) regarding revenue recognition issues relative to software license re-sellers.  Provided written report and expert testimony at trial.  Plaintiff prevailed and was awarded damages.


American Multi-Cinema, Inc. v. LCR Contractors, Inc. vs. Haskell Constructors, LTD f/k/a MBK Construction, LDon behalf of defendant recalculated alleged amounts due from MBK Construction, LD and critiqued report of Plaintiff's expert. Case settled at mediation, no damages were awarded to Plaintiff.


Sonitrol Management Corporation v. ePartners Incorporated – on behalf of Plaintiff, determine damages suffered as a result of recommended financial and accounting software and related implementation services provided by Defendant. Provided written report.  Case settled before trial.


David B. Anthony, Jr. and Michael P. Durante v. John McStay Investment Counsel, L.P. and AIG Global Investment Group, Inc. – calculated damages on behalf of defendant regarding alleged compensation due plaintiff resulting from an Employment and Non-Competition Agreement. Provided written report. Case settled after one day of arbitration.


Hunt Memorial Hospital District v. Robert Carlson, M.D. v. Greenville Surgical Associates, Third Party Defendant on behalf of defendant recalculated alleged amounts due from Mr. Robert Carlson, M.D. (Carlson) as computed by Hunt Memorial Hospital District and computed amounts due, if any, to or from Carlson as provided under certain employment agreements.  Provided written report and expert testimony in deposition and trial.  Jury rendered a complete defense verdict.


Sackley et al v. Northern Telecom Limited and Broadband Networks Inc. - calculated damages on behalf of Plaintiff regarding options granted and triggered as a result of the purchase of Broadband Networks by Northern Telecom. Provided written report and expert testimony in deposition.  Case settled before trial.


Benihana National Corp. v. Snow Rah Company, et al - assisted Plaintiff in analysis of financial documents related to determination of any and all business interruption losses as a result of a fire which occurred at the Benihana Restaurant.  Case settled before trial.


Advance Manufacturing Co., Inc. d/b/a Scrap Source v. Sony Magnetic Products, Inc of America - on behalf of Defendant 1) calculated damages due Defendants as a result of waste materials received by Plaintiffs yet not paid for by Plaintiffs and 2) assisted with review of Plaintiff's calculation of potential damages and possible lost profits as prepared by Plaintiff's accounting expert.  Provided written report and expert testimony at deposition and trial.  Plaintiff was asking for damages in excess of $2 million. Jury rendered damage award to Plaintiff of $150,000.


College Connection, Inc. v. The Southland Corporation - assisted Defense in calculating alleged lost profits claimed by Plaintiff and provided consultation and financial analysis regarding case strategy.  Also assisted with review of Plaintiff's calculation of potential damages and possible lost profits as prepared by Plaintiff's accounting expert.  Case went to trial and court rendered a complete Defense verdict.


Michael G. Dunham v. CCC Information Group, Inc. a/k/a CCC Information Services, Inc. and CCC Information Services, Inc. - assisted Defendant in calculating alleged lost profits (independent contractor commissions) claimed by Plaintiff. Provided written report.  Case settled before trial.


Gary Bottoms v. James L. Gang, Judy Vanhemert and Ultimate Sales and Service, Inc. - assisted Plaintiff's attorney in determining damages regarding the alleged "fraudulent" sale of stock owned by a minority stockholder to the majority stockholder and the subsequent sale of the majority stockholders stock to an outside third party purchaser.  Case settled before trial.


River Oaks Movie Rental, et al. v. Watson & Watson, et al. - assisted Plaintiff's attorney in determining the estimated value of River Oaks Movie Rental at date of purchase, including opinions regarding adequacy of purchaser's advisor in executing buyer's due diligence prior to purchase.  Provided damages calculations regarding Plaintiff's losses and expert testimony at deposition.  Case settled before trial.


S.B. Industries, Inc. and D.S. Real Estate, Inc. v. Donald D. Starnes and NationsBank of Georgia, (South) N.A. - on behalf of Defense, determined inadequacy of acquisition due diligence procedures performed by Plaintiff in connection with an environmental liability issue present at date of purchase and it's (environmental issue) relevance to the Plaintiff's financial failure.  Provided written report and expert testimony at deposition.  Case went to trial and jury rendered a complete Defense verdict.


Doris Stevenson, et al v. Rochdale Investment Management, Inc, et al - on behalf of thirteen Plaintiffs, calculated the present value of retirement moneys which were misappropriated by a financial advisor over a period of several years.  Provided written report.  Case settled before trial.


James Tobey v. David Clevenger, Eric Shawn White and Empire Business Brokers of Dallas/Ft. Worth, Inc. - on behalf of buyer (Plaintiff) calculated damages relative to alleged misrepresentations supplied to Plaintiff from Defendent (Seller) regarding the purchase of a steel fabricating company.  Provided written report and testimony at deposition and arbitration.  Plaintiff prevailed and received favorable award.

 

 

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