Truck Dealer Manufacturer Expert Witness

Expert Witness No.2761

Education

1958, A.B. Harvard, cum laude

1964, M.B.A., Columbia, marketing. Graduated in top third of class

Professional Experience

1964-1970, Harbridge House, Inc., management consultants

1971, Organized own company

Serving as a consulting and testifying expert in lawsuits since 1981

Industries

Automobiles and light trucks: manufacturers, dealers, and consumers
Heavy and medium trucks: manufacturers and dealers
Recreational vehicles, manufactured homes
Construction machinery
Automotive finance and floor planning (wholesale and retail)
Automotive insurance (diminution of value issues)

Areas of Expertise

Allocation policies, supply, turn and earn, rate of travel; fairness thereof

Automotive patent infringement claims, reasonable royalty

Bankruptcy: value of assets, preferences

Class action claims

Customer insurance claims-diminution of value

Customer complaints of improper or unfair treatment-new and used vehicle sales, leasing, financing, service, warranty

Customer satisfaction-CSI issues

Dealer bankruptcy issues

Dealer facilities issues

Dealer financial performance

Dealer inventory: new, used, parts-proper levels, turnover, value

Dealer market penetration, fairness of assigned dealer area (AOR)

Dealer add-point or move-point protests

Departmental operations: new vehicle, used vehicle, service, parts, F&I

Economic damages: presentation or rebuttal

Eminent domain: effect on dealer

Employee compensation claims

Floor planning issues: audits, credit limits, SOT, SAU, lenders' security interests

Franchise terminations and constructive terminations (liability and damages)

Manufacturer goals for dealer: fairness, measurement

Market penetration: measurement, adequacy

New dealer application issues

Sale of dealership issues

TILA (Truth In Lending Act) issues

Valuation of dealerships: sale, divorce, franchise transfer, buyout

Working capital: measurement, adequacy

Publications Authored

Available upon request.

Professional and Civic Certifications

Certified Management Consultant

Guardian Ad Litem, State of Florida

Commissioner, South Trail Fire District, Lee County, Florida, Secretary-Treasurer

Director, Harvard Club of Lee County, President

Director, BMW Vintage/Classic Register USA (and predecessor)

Non-Litigation Experience in Automotive Industry

Develop and present seminars for dealers on: general management, financial management, sales management (including F&I), parts management, service management, body shop management, and salesmanship for; Volkswagen of America, Inc., Kenworth Truck Company, division of PACCAR Inc., Peterbilt Motors Company, division of PACCAR Inc., Mack Trucks, Inc., Western Star Trucks, Associates Commercial Corp., Winnebago Industries, Inc. (recreational vehicle dealers often are also automobile dealers)

Research, write, and present an NADA Business Management Seminar on dealer financial management for National Automobile Dealers Association, and Virginia dealer group

Research, write and publish an Operating Manual for Volkswagen of America, Inc.  (Title available upon request)

Research, write and publish several self-study guidebooks for dealer parts employees for Volkswagen of America, Inc. and Peterbilt Motors Company (similar publication that was truck-oriented)

Research and write multi-chapter operating manual. Chapters cover all aspects of dealer operations. Written for Kenworth Truck Company, division of PACCAR Inc. and Peterbilt Motors Company, division of PACCAR Inc.

Conduct organization study of field organization, and means of delivering wholesale and retail credit to dealers and customers for Paccar Financial Corp. and International Harvester Credit Corporation

Develop and present seminars for dealer parts managers and parts employees of the importer for Mazda Motors of America

Assist dealers directly with in-house consulting and facilitation of management meetings for Kenworth Northwest, Inc., Peterbilt of Wisconsin, Inc., Worldwide Equipment, Inc., and Gulf Coast Truck and Equipment Co., Inc.

Prepare and present seminars at national conventions, on various dealer-related topics for American Truck Dealers, Division of NADA and Automotive Parts Rebuilders Association
Conduct study of efficacy of field organization and its interface with dealers for Stanley Hydraulic Tools, Division of The Stanley Works Hyster Company

List of Cases – Expert Engagements

List is dated from 1981 through Present (over 100 cases) and is Available upon Request.