Financial Expert Opines on Distribution Waterfall Agreement in Real Estate Contract


Finance Expert WitnessThis is a real estate contracts case in Maine involving a complex agreement which stipulates terms for a distribution waterfall, outlining when and how much participating individuals would be paid. However, there was a disagreement over the language of the operating agreement, causing conflict between two of the main parties. When the agreement stalled, expertise in complex distribution agreements was required to comment on the technical language of the contract.

Question(s) For Expert Witness

  • 1. What is your practical and scholarly expertise with regards to this case?

Expert Witness Response E-008354

I wrote an article that included a discussion about waterfall distributions, and I am beginning to work on course materials and another article that will include a greater discussion on them. I am also the co-author of a multiple-volume treatise on LLCs, LPs and LLPS, which includes significant materials on partnership agreement disputes.


Expert Bio

This qualified expert has almost 15 years of experience in taxation law including federal income and real estate taxation. He received both a B.B.A. and a M.B.A. in Accounting from Idaho State University. He also holds a J.D. and a LL.M. in Taxation from the University of Florida. Before academia, this expert worked at Oppenheimer, Blend, Harrison & Tate, Inc. as a Tax Associate and Of Counsel. A member of the Board of Advisors for the Journal of Taxation of Investments, he has published various publications and was Associate Professor at Washburn University School of Law. Currently, he is Professor of Law at a major law school in New York, where he teaches courses in taxation.

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