Thomas Neches & Company, LLP

Thomas Neches, managing partner of Thomas Neches & Company LLP, provides accounting, financial, business valuation and statistical analyses to assist attorneys involved in litigation. Mr. Neches has testified as an expert in state and federal courts in Arizona, California, Florida, Kentucky, Missouri, Nevada, New York and Oregon.

Mr. Neches is a Certified Public Accountant, Accredited in Business Valuation, a Certified Valuation Analyst, a Certified Fraud Examiner and is Certified in Financial Forensics. He received his BA in Mathematics and Literature from UC San Diego and his MS in Operations Research from UCLA.

Thomas Neches has more than 40 years of professional experience. During the past 33 years, he has provided litigation services almost exclusively.

Services

Thomas Neches & Company LLP, provides expert witness services in cases related to:

- Business Valuation
In many instances, economic damages may be alternatively calculated as future lost profit or lost business value. Lost business value may seem to the jury to be less speculative than projected future profits, and the tax treatment of any award may be more favorable for businesses. Calculating the value of a business in accordance with professional standards requires specialized expertise, experience and credential. Thomas Neches is a credentialed and experienced business valuation expert witness: he has performed numerous expert witness valuations for clients in a litigation context, and he is a Certified Valuation Analyst and is accredited in Business Valuation.

- Fraud
Thomas Neches earned his designation as a Certified Fraud Examiner (CFE – Association of Certified Fraud Examiners) in 1992. Since then, Mr. Neches has been retained in numerous fraud and fraud-related engagements. Mr. Neches has testified at trial in fraud-related cases more than a dozen time.

- Intellectual Property
In intellectual property litigation, the parties hire CPA expert witnesses to calculate damages relating to claims of patent infringement, copyright infringement, trademark infringement, trade secret infringement and false advertising. The most common task we are asked to perform is the determination of a reasonable royalty using the 15 well-known “Georgia-Pacific Factors1”.

- Lost Profits
Whether prosecuting or defending a claim for lost profit, it is critical to identify and quantify the economic damages. Lost profit can result from many causes – including breach of contract, fraud, and patent infringement – that can greatly affect your business. To recover or refute lost profit damages, they must be explained – clearly and persuasively — to the jury. A qualified CPA expert witness can help you determine and elucidate the lost profit. Experienced lost profit expert witness at Thomas Neches & Company LLP can accomplish these tasks for you.

- Wage and Hour Class Action
Wage and hour class action engagements are data intensive. We assist employers by using advanced computer database techniques to assemble and analyze employee time and payroll data, which often are not in machine-readable format and must be translated. Alternatively, we prepare estimates of employee hours worked and compensation based on available data. To calculate a company's potential liability to each individual class member's data, we apply formulas that reflect current California labor law. Often, we calculate a company's potential liability under alternative scenarios regarding daily hours worked and weekly work schedules.

- Wrongful Termination
The basic questions to answer in determining damages in wrongful termination, personal injury and wrongful death cases are the same: how much would plaintiff have earned in active work and retirement through his or her death, absent the critical event, and how much can plaintiff reasonably be expected to earn today (if anything)? These are questions forensic accountants can answer. (Personal injury cases may call for an additional expert, a vocational rehabilitation expert; wrongful death cases require consideration of the deceased's personal consumption, which is within the purview of the CPA expert witness.)

The bases of the calculation of damages in wrongful termination cases are the facts learned and assumptions made by the CPA damages expert.

Litigation Support Services

Mr. Neches has testified to juries on behalf of both plaintiffs and defendants in antitrust, breach of contract, fraud, intellectual property, lender liability, personal injury and wrongful termination cases. Examples of the litigation issues he has addressed include lost profits, lost business value, determining a reasonable royalty and piercing the corporate veil. Representative industries include banking, entertainment, insurance, manufacturing, retail, securities and wholesale. Mr. Neches specializes in applying computer database and statistical techniques to assemble and analyze voluminous and complex data.

Areas of Expertise

Additional Expertise:

Wage and Hour Class Actions, Reasonable Royalty, Alter Ego.

Profile

Thomas Neches, managing partner of Thomas Neches & Company LLP, provides accounting, financial, business valuation and statistical analyses to assist attorneys involved in litigation. Mr. Neches has testified as an expert in state and federal courts in Arizona, California, Florida, Kentucky, Missouri, Nevada, New York and Oregon. He is a Certified Public Accountant, Accredited in Business Valuation, a Certified Valuation Analyst, a Certified Fraud Examiner and is Certified in Financial Forensics. He received his BA in Mathematics and Literature from UC San Diego and his MS in Operations Research from UCLA.

Mr. Neches has testified to juries on behalf of both plaintiffs and defendants in antitrust, breach of contract, fraud, intellectual property, lender liability, personal injury and wrongful termination cases. Examples of the litigation issues he has addressed include lost profits, lost business value, determining a reasonable royalty and piercing the corporate veil. Representative industries include banking, entertainment, insurance, manufacturing, retail, securities and wholesale. Mr. Neches specializes in applying computer database and statistical techniques to assemble and analyze voluminous and complex data.

Mr. Neches has over forty years of professional experience. During the past thirty-three years he has provided litigation services almost exclusively. Prior to forming Thomas Neches & Company in January 2000, he was Senior Partner of Simpson & Company, a firm of certified public accountants specializing in litigation services. Previously, he was a partner at Coopers & Lybrand (now known as PricewaterhouseCoopers) in its litigation services practice in Los Angeles. Prior to joining Coopers & Lybrand he was a manager in the management consulting group of Arthur Young & Company (now known as Ernst & Young), where he specialized in operations improvement, systems analysis and litigation consulting. Before that he was head of the technical staff at The Assessment Group, a consulting firm which conducted economic and cost analysis for the U.S. Navy. Mr. Neches has acted as a Judicial Arbitrator of the Superior Court of the State of California for the County of Los Angeles.

Mr. Neches was an Adjunct Professor at Loyola Law School during 2003 – 2013. He has been an instructor in numerous regional and local courses on litigation services. Among other publications he has authored, Mr. Neches is the coauthor of “Use of Expert Witnesses” in Prosecuting and Defending Insurance Claims (John Wiley & Sons, 1989).

Areas Served

All States

Licenses

· Certified Public Accountant
· Accredited in Business Valuation
· Certified Valuation Analyst
· Certified Fraud Examiner
. Certified in Financial Forensics

Affiliations

· American Institute of Certified Public Accountants
· National Association of Certified Valuators and Analysts
· Association of Certified Fraud Examiners
· American Statistical Association
· American Bar Association

Professional References

· Maxwell M. Blecher - Blecher & Collins
· David M. Chernek - Heller Ehrman White & McAuliffe
· Vito A. Costanzo - Holland & Knight
· Ronald B. Coulombe - The Coulombe Law Firm
· Jeffrey H. Dasteel - Skadden, Arps, Slate, Meagher & Flom
· Paul J. Hall - DLA Piper
· Dominic J. Fote - Chapman, Glucksman & Dean
· Holly J. Fujie - Buchalter, Nemer, Fields & Younger
· Perry L. Hirsch - Law Offices of Perry L. Hirsch
· Sherrill L. Johnson - City National Bank
· Kathy A. Jorrie - Luce, Forward, Hamilton & Scripps
· Theresa A. Kristovich - Gordon & Rees
· Walter J. Lack - Engstrom, Lipscomb & Lack
· Rebecca B. Moccario - Farmer & Ridley
· David J. Noonan - Post Kirby Noonan & Sweat
· Luan K. Phan - The Phan Law Group
· Jeffrey A. Schwab - Abelman, Frayne & Schwab
· Charles E. Slyngstad - Burke, Williams & Sorensen
· William W. Steckbauer - Steckbauer Weinhart Jaffe
· John A. Sturgeon - White & Case
· Brian A. Sun - Jones Day
· Gregory A. Wedner - Lozano Smith
· Richard T. Williams - Holland & Knight

Education

· BA, Mathematics and Literature, University of California at San Diego (summa cum laude) (1976)
· MS, Operations Research, University of California at Los Angeles (cum laude) (1980)