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Todd D. Menenberg is a Senior Managing Director with substantial experience in determining damages related to financial services, healthcare, and other industries. He has served as an expert witness in more than 150 matters in more than 50 different courts around the United States. Some of his more significant engagements include leading the independent investigation for the Resolution Trust Corporation of the Whitewater matter and the President and Ms. Clinton (which included presenting findings to the U.S. Senate Whitewater Banking Committee); assisting the Independent Committee of Eminent Persons in tracing use of Nazi gold in Swiss banks; and assisting the state of Alaska on the economic cost of the Exxon Valdez oil spill. He led the national group of attorneys general and outside counsel in analyzing economic issues related to the national $206 billion settlement between the states and the tobacco companies and assisted the state of California in analyzing economic claims related to Proposition 187. He has served as a consulting or expert witness for the “Big 4” accounting firms in a number of cases around the U.S. as both a causation and damages witness. More recently, he worked with defense counsel for the directors and officers in the national class action securities claim over the collapse of Washington Mutual, the largest bank failure in U.S. history. Todd was also the damages witness for Microsoft in their landmark case against Motorola over smart cell phone patents.
His prior professional history includes serving as a Managing Director at Navigant, the Chief Operating Officer of Tucker Alan, a Vice-President at Peterson Consulting, and a Senior Manager at Arthur Andersen.
Todd’s relevant projects include:
- Assisted a group of national health insurance companies in analyzing a national class of physicians’ claims of overbilling from bundling and down coding of medical claims. This project entailed coordination of analyses of hundreds of millions of claims across the United States with multiple defense law firms and other experts.
- Assisted national group of attorneys general and outside counsel in analyzing economic and damages issues related to structure of $206 billion settlement with major tobacco companies.
- Assisted the state of California in analyzing claims made related to passage of Proposition 187. This included analyzing the impacted costs to social services, education, incarceration, and healthcare for the State of California.
- Assisted numerous states in addressing Medicaid hospital litigation matters. Analyzed Medicaid payments, provider financial statements, and other healthcare financial records.
- Assisted numerous states in Medicaid nursing home litigation matters. Analyzed nursing home profitability, occupancy, and the effects of chain and out-of-state ownership.
- Assisted counsel to six international banks in a class action case claiming antitrust violations on credit card transactions involving foreign currency transactions. This project involved analyzing the underlying costs of doing credit card business in foreign countries, including customer service, exchange fees, currency fluctuations, fraud, and other items for each of the respective defendants in price-fixing claim.
- Led Independent investigation in assisting outside counsel to Resolution Trust Corporation of Whitewater matter. Presented findings to US Senate Whitewater Banking Committee.
- Assisted counsel to a large Wall Street bank in complying with a Consent Order with a federal banking agency. This large project entailed a detailed independent review of all of the bank’s foreclosures during 2009 and 2010 and reporting those results to both the regulators and the bank.
- Assisted counsel to Statesman Savings Bank in one of the test ‘supervisory goodwill’ cases brought against the US in the US Court of Claims. This large project entailed quantifying the economic impact to the institution from the enactment of FIRREA and testifying to lost profits.
- Assisted counsel to Microsoft in presenting a damages claim against Motorola (now Google) in a dispute which involved damages related to moving Microsoft’s European distribution center from Germany to the Netherlands.
- Consulted with joint counsel to several international oil companies (Mobil, Shell, Union Oil) related to defense of lost profits claim from a major oil spill. Analyzed product costing, sales history, operating margins, forecasts and budgets, and the profitability of different product lines.
- Assisted counsel to a “Big 4” accounting firm in analyzing damages claim related to alleged malpractice over professional services rendered in a purchase investigation.
- Assisted counsel to a “Big 4” accounting firm in analyzing liability and damages claims related to alleged malpractice over the audit of a large regional bank and its oil and gas lending.