WELCOME TO THE WORLD OF EXPERT WITNESSES
We Are Expert Witnesses in the Field of Finance
Some Legal Background About Expert Witnesses
“An intelligent evaluation of facts is often difficult or impossible without the application of some scientific, technical, or other specialized knowledge. The most common source of this knowledge is the expert witness ….” [FRE 702- Committee Notes] In non-scientific, financial issues cases, experience often is the predominant, if not sole, basis for reliable expert testimony.
The specialized knowledge-based testimony by the expert often includes the accepted industry standards and principles applicable to the events or transactions at issue in the case. The expert may also take the additional step to infer or conclude whether those standards or principles were met, if the court finds that testimony would be helpful to a determination by the judge or jury.
To admit experts’ testimony, courts typically find whether experts are qualified based on their knowledge, skill, experience, training, or education, and whether the testimony will be reliable and helpful to the court. Where the testimony is grounded in the experts’ experience in the field, the witness must explain how that experience leads to the conclusion reached, why that experience is a sufficient and reliable basis for the opinion, and how that experience is reliably applied to the facts. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1319 (9th Cir. 1995).
Sherwood Kelley: An Expert in All Levels of Finance
Sherwood Kelley has in-depth experience in domestic and international finance. As a senior executive in prominent financial corporations, he started and served as a Board member for several financial entities. Since 1994, Mr. Kelley has served as the Managing Principal of
Calinvest, an investment banking firm in Southern California. Mr. Kelley and
Calinvest are active in public markets, commercial finance, project/construction finance, and private or hard money finance (www.calinvest.net). He has facilitated more than 76 transactions with a combined project value of $950 Million. Mr. Kelley is a licensed Real Estate Broker in California (DRE#01181872). He holds an AB degree in Biology from Lafayette College (Pennsylvania) and an MBA in Finance from Boston University. He has completed postgrad courses in Appraisal, SBA, and CA Real Estate Law in recent years.
Sherwood Kelley is an Experienced Expert Witness
While operating as an investment banker, Mr. Kelley has for the last 25 years, also served as a consultant or expert witness in 33 engagements (click the button below). Mr. Kelley has qualified and testified as an expert witness in the Superior Courts of California for both Los Angeles and Santa Barbara Counties, including 6 trials, 11 depositions, and 6 MSJs. Mr. Kelley has worked with law firms based in California, Washington, Arizona, Texas, and Nevada.
Specific Areas of Expert Witness Experience
Mr. Kelley has been engaged as an Expert Witness in the following areas:
- Hard money lending policies, standards of custom and practice
- Commercial loan underwriting, credit customs & practices
- Real estate construction financing, both SFR and Commercial
- Capital adequacy issues, especially as it relates to construction disbursements
- Bankruptcy, workouts, foreclosure: bank procedures, customs
- Identification of Duty of Care leading to Standard of Care analysis
- Negligent, Intentional Misrepresentation; Breach of Fiduciary Duty
- Title insurance company roles and responsibilities when things go wrong
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A Final Thought…
Asserting or defending a court case requiring expert testimony benefits from a synergy between counsel and the expert. Opinions provided by the expert must be independent and ethical. Mr. Kelley accepts many cases for both plaintiffs and defendants, but not all of them. Cases are accepted by Mr. Kelley where he believes his professional opinion can make a material difference in a just outcome.
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