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Litigation Support

R&A has worked for numerous national law firms, as well as many premier firms located in California, Arizona, Florida, Minnesota and Georgia, on civil litigation and cases involving Chapter 11 plans of reorganization. Mr. Rodriguez regularly provides litigation support services, assists in the discovery process, drafts production requests, aides in deposition preparation, and prepares financial charts, time-lines and other demonstrative trial exhibits.


Expert Witness

Mr. Rodriguez is an experienced expert witness, having given testimony (on behalf of a relatively equal mix of plaintiffs, defendants, debtors and creditors) at jury trials, bench trials, arbitration proceedings, and mediation sessions, by deposition and declaration. With over 21 years of banking experience at all levels from Branch Manager to Bank President, Mr. Rodriguez is well qualified to provide expert opinions in civil cases that involve real estate, credit administration, regulatory compliance, commercial lending, middle-market lending, retail branch operations, corporate banking, audit and consumer finance.

Mr. Rodriguez has provided expert witness testimony on topics that include (among others) standard lending practices, commercial real estate finance, corporate finance, asset based lending, project feasibility, note sales, credit approval, loan administration, regulatory compliance, fraud, and the feasibility of Chapter 11 plans of reorganization inclusive of the appropriate interest rates to be paid on cram downs of secured claims as required for plan confirmation.

In matters involving civil litigation, Mr. Rodriguez has provided expert witness testimony relative to financing arrangements and standards utilized in the following industries:

• Aviation
• Equipment rental and storage
• Franchising
• Machinery rental
• Manufacturing of aerospace parts
• Manufacturing of clothing
• Perfume distribution and retailing
• Real estate
• Restaurants
• Technology
• Telecom & communications companies


Specific topics that Mr. Rodriguez has testified on include:

Commercial Real Estate Development
• Land entitlements
• Encroachments
• Build-to-suits
• Residential master planning

Condominiums
• Feasibility of condominium conversions
• Repairs and renovations

Real Estate Financing
• Acquisition and development loans
• Construction loans
• Convalescent facilities
• Environmental risks
• Equity lines of credit
• First trust deeds
• Home loans
• Indemnity and guaranty agreements
• Lines of credit
• Loan commitments
• Loan agreements
• Second trust deeds and other subordinated instruments
• Repurchase agreements
• Yield maintenance provisions

Real Estate Brokerage
• Enforcement of fee agreements

Commercial Finance
• Accounts receivable financing
• Capital markets
• Corporate finance
• Chemical company
• Factoring
• Foreign trade accounts receivable
• Inventory financing
• Working capital financing
• Letters of credit

Standard Banking & Credit Union Operations
•Check kiting
• Consumer lending products
• Branch management & accounts
• Deposit procedures
• Loan underwriting
• Loan approvals
• Bulk loan sales

Loan Administration & Collection
• Disbursement procedures
• Letters of credit drawings
• Payment disputes
• Loan collection practices
• Workout process

Lender Liability
• Wrongful foreclosure
• Enforcement of guarantor obligations
• Assumption clauses
• Working capital financing
• Creditor’s rights
• Disputed real estate sales
• Loss Causation
• Mortgage banking
• Home loan financing
• Bulk loan sales
• Termination of loan commitments

Joint Ventures & Partnership Agreements
• Joint venture agreements
• Financing joint ventures
• Restructure of partnership agreements