Litigation Services

• Working as the forensic damages expert within a team of attorneys, accountants, and technical experts on a complex case, Dr. Penbera prepared a sophisticated damage analysis and deposition and court testimony supporting the plaintiff’s claims against a major city’s sanitation district which failed to perform and deliver contracted soil amendments, and the judgment resulted in a multi-million dollar award to the plaintiff.
• Directing a team of file and document reviewers along a conceptual pathway that he developed in a class action lawsuit, Dr. Penbera demonstrated losses for both the general class of claimants and for each of the hundreds of individual claimants. The analysis and report was utilized to achieve a settlement and a financial award to all claimants.
• Dr. Penbera was appointed by the Court to resolve creditor and licensee complaints, financial and operational distress issues, and internal ownership disputes within a private, and nationally and internationally recognized brand company. Subsequently, he was appointed the independent director. The company emerged as the leader in its industry and was highly valued during its eventual sale to a publicly listed company.
• Dr. Penbera was appointed by the Superintendent of County Schools and former Secretary of Education of California to analyze spending and fiscal affairs at a troubled school district. He recommended actions to resolve mismanagement, theft, and leadership issues that threatened the solvency and educational mission of the District. The Court ruled in favor of Dr. Penbera’s report and major changes were made in school finances, operations, and governance.
• Dr. Penbera was retained by attorneys representing a consortium of major U.S. car manufacturers to analyze the economic impact of proposed state air quality and fuel standards on the companies.
• Dr. Penbera was retained by a county government to analyze damage claims made by a resort owner relating to a flash flood and bridge washout.
• Dr. Penbera was retained to calculate damages in a wrongful death claim made by the family of a young mother who was killed when the plane that she was piloting crashed because of the service company’s failure to follow maintenance guidelines.
• Dr. Penbera was retained as defendant’s expert for a California city to analyze claims, prepare a report, and provide testimony relating to a wrongful termination claim made by a former city official.
• Dr. Penbera was retained by sports investor group to develop a break even analysis to be presented to the City Council and major league baseball regarding use of public funding to construct a professional baseball stadium.
• Dr. Penbera was retained by a citizen group to provide an economic benefits analysis for a proposed increase in the county sales tax subject to a public vote.
• A horse trainer claimed lost show and stud fee income against the survivors of a family-owned breeder whose owner had passed away. Dr. Penbera provided a forensic analysis showing that the plaintiff could not substantiate his loss claims.
• A claim of income loss was made by a branding company against a fruit processor and distributor for abandoning use of a brand. Dr. Penbera provided an economic analysis showing that the abandonment was a form of loss mitigation and that the plaintiff could not provide an economic loss predicate.
• A U.S. firm with a record of having raised substantial amounts of foreign capital sued a foreign company with a U.S. office over false adverting and illicit marketing tactics in China. Dr. Penbera provided analysis and testimony of the past and future income losses; a judgment was made in favor of the plaintiffs.

Amtrak
American Planning Association
Baker, Manock, & Jensen Law Firm
California Eye
CBS
City of Fresno
Commercial Realty Associates
Community Hospitals of Central California
County of San Luis Obispo
Davis and Winston Law Firm (Los Angeles)
Deloitte and Touche
Dunavant
Federated/Macy’s Stores
Florida State University
Gottlieb Organization (Ohio and Hawaii)
Lukiven (Venezeula)
National Association of Manufacturers
NBC Universal
Overstreet & Associates Law Firm
Office of the President of Poland
Planning Secretariat of Brazil
Port of San Diego
Producer’s Dairy
Provident
Prudential
Ruiz Foods
San Francisco Law Center
Spencer Enterprises
State Labor Commissioner (California)
Strickland, AG (Switzerland)
U.S. Department of Commerce
U.S. Department of Education
U.S. Department of Labor
White House Consortium of Cabinet-Level Agencies