Private Sector Professional Experience

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Expert Testimony Engagements


  • The Court of Chancery of the State of Delaware, Caspian Select Credit Master Fund., LTD, Caspian Capital Partners, LP, Mariner, LDC, Mariner Opportunities Fund, LP., a Delaware limited partnership on behalf of themselves and derivatively by Caspian Select Master Fund LTD. And Mariner, LDC, on Behalf of Key Plastics Corporation, Plaintiffs, vs. Wayzata Investment Partners, et al. and Key Plastics Corporation, Defendants. Consulting expert. (2016)
    • Credit analysis, credit risk determination and pricing for risk, lender liability and fair dealing.
  • United States District Court for the Middle District of Pennsylvania, Fidelity and Deposit Company of Maryland, Plaintiff, vs. First National Community Bancorp., First National Community Bank, et al. Defendants. Filed expert report on behalf of Plaintiff. (2016)
    • “Examination privilege” and other regulatory rules regarding disclosure of non-public supervisory information;
    • Board responsibilities, insider lending;
    • Supervision and enforcement processes.
  • United States District Court for the Middle District of Alabama, Northern Division, Colonial Bancgroup, Inc. and Kevin O’Halloran, Plaintiff, vs. PricewaterhouseCoopers LLP and Crowe Horwath LLP, Defendants. Filed expert report on behalf of Plaintiff. (2016)
    • Troubled institution identification, remediation and resolution;
    • Prompt Corrective Action, grounds for receivership, source of strength;
    • Regulatory capital and liquidity insolvency determination.
  • United States District Court for the Middle District of Alabama, Northern Division, In re: Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Inc., Plaintiff, vs. PricewaterhouseCoopers LLP and Crowe Horwath LLP, Defendants. Filed expert report on behalf of Plaintiff. (2016)
  • Confidential arbitration between the Parties. Filed expert and rebuttal reports, deposed, trial. (2015 and 2016)
    • Troubled Debt Restructuring, A/B Note Structures, regulatory loss recognition,
    • GAAP and regulatory accounting and impairment and loss recognition.
  • United States District Court for the Northern District of Georgia Atlanta Division Civil Action 1:14-CV-03498-TCB, filed an expert report and was deposed. (2015)
    • Melanie E. Damien as Receiver for the Estate of Aubrey Lee Price; PFG, LLC, et. Al (Plaintiff) versus Nelson, Mullins, Riley and Scarborough, LLP (Defendant)
    • Testified for the defendant as a bank regulatory expert regarding the Federal Reserve’s Bank Holding Company Application Process.
  • Confidential arbitration between the Parties. Filed expert and rebuttal reports and deposed. (2014)
    • Troubled commercial real estate loan risk recognition and regulatory ratings, and loss recognition;
    • Appraisal review and reevaluation practices, methodologies, and regulatory expectations for determination of “fair value” of collateral;
    • GAAP and regulatory accounting and impairment and loss recognition.
  • Fact Witness for FDIC in a case of the creditors of AmTrust Financial Corporation versus the FDIC. Deposed. (2014)
  • Expert Witness for Jackson Hewitt in a case regarding alleged wrongful and illegal credit marketing practices in the State of West Virginia. Filed an expert report and was deposed. (2007/2008)
  • Expert Witness for First Bank Delaware in a case involving alleged unfair and deceptive marketing practices. Filed an expert report. (2007)
  • Testimony to the House Financial Services Committee on behalf of the Association for American Finance Companies, regarding Hurricane Katrina. (2005)

About David D. Gibbons & Company

Banking, Bank Supervision, Regulation and Enforcement, Troubled Institutions, Regulatory Relations, Credit and Credit Risk Management, Enterprise Risk Management, Bank Safety and Soundness and Compliance Risk Matters

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