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Don is a founding partner of the Stonehill Group, LLP. Prior to forming Stonehill, Don was a Partner in the Finance and Economics consulting practice of the Minneapolis office of a major accounting firm. Don has served as a senior executive and member of the Board of Directors of several publicly held corporations. Don has extensive experience with litigation, business disputes, business valuation, and bankruptcy.
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GENERAL EXPERIENCE:
Advised companies and counsel with respect to business, accounting, financial, and economic issues related to damages. Performed financial and other factual analysis for a variety of commercial litigation. Valued businesses and intellectual property in disputes and for other purposes. Performed cost quantifications for changed work and construction delays involving both government and commercial construction contracts. Advised clients on government contract matters.
Experienced in commercial disputes involving:
- Antitrust
- Asset and Business Valuation
- Bankruptcy
- Breach of Contract
- Construction Claims
- Contract Terminations
- Copyright Infringement
- Dealer-Distributor Terminations
- Director and Officer Responsibilities
- False Advertising Claim
- Fidelity and Other Bonding Claims
- Fraud
- Government Contracts
- Healthcare
- Insurance Claims
- Lender Liability
- Lost Profits
- Minority Shareholder Disputes
- Patent Infringement
- Professional Malpractice
- Product Liability
- Trademark Infringement
- Trade Secrets
Provided expert testimony in state and federal courts, including bankruptcy courts, arbitrations, as well as before the Armed Services Board of Contract Appeals and several state Public Utility Commissions. Also provided expert assistance to facilitate negotiations in mediated matters.
Counseled management and Boards of Directors of corporations and other parties on business valuation, business and financial restructuring and bankruptcy reorganizations.
Senior financial executive with several publicly-held corporations, most recently serving as both the chief operating and chief financial officer of a multinational corporation. Experience with these companies has included: extensive merger, acquisition and divestiture activities; complex contract negotiations; management of litigation activities as plaintiff and defendant; debt negotiations and restructuring; and bankruptcy reorganizations. Member of the Board of Directors of these and other publicly-held corporations.
SELECTED EXPERIENCE:
- Testified at trial regarding business, financial issues and damages in a case involving misappropriation of trade secrets and breach of contract.
- Testified at trial as an expert in accounting, auditing, business valuation, mergers, acquisitions, and boating industry matters in a major national lender liability case.
- Provided testimony regarding the business economics of a contractual relationship in an arbitration proceeding to determine pricing.
- Provided trial testimony related to lost profits in a dealer termination case involving magnetic media products.
- Testified at trial regarding the economic impact of an alleged breach of warranty.
- Provided trial testimony as to likelihood of irreparable harm, which could result from court’s entry or failure to enter a temporary injunction in a patent infringement case.
- Testified regarding cost and schedule impacts of alleged changes in work scope.
- Testified at trial regarding business valuation of the largest franchisee of a major national restaurant chain.
- Provided trial testimony and arbitration testimony in several cases regarding the fair value of shares held by minority shareholders in a cash-out merger including the acquisition of a publicly held company.
- Testified regarding costs of alleged schedule delays in the construction of a $4 billion dollar nuclear power plant.
- Served counsel providing defense of a large transportation company involved in an antitrust claim. Assisted counsel in damage analysis and rebuttal.
- Provided trial testimony regarding the economic impact — damage to businesses — resulting from an allegation of breach of contract.
- Prepared or analyzed damage qualifications in patent matters involving equipment for the electronics industry, recreational vehicles, and seed genetics.
- Testified at trial regarding lost profits and unjust enrichment in a Lanham Act matter.
- Valued franchise rights, trademarks, and other intellectual property assets individually and in the context of a business valuation.
- Provided trial testimony regarding small business accounting and government contracting issues in a QUI TAM criminal action.
- Served counsel in an antitrust case involving allegations of below cost pricing.
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