Expert Witness

Expert Witness

Quite often the outcome of auto finance/lease or dealer sales litigation will be highly influenced by the effectiveness of the expert witness. A compelling expert witness report, admitted as evidence, along with the expert’s trial testimony, can greatly affect the understanding of the trier of fact.

In addition to Mr. McCathren’s legal background and law school teaching experience, he has had 30 years of consulting experience in the auto finance and leasing industries building a reputation by some accounts as the most knowledgeable expert in the country on auto leasing.

“Serving on the FRB Lease Education Committee with Randall, there were numerous representatives from both the private and public but there was really only one true ‘expert:’ Randall McCathren. He educated the committee and the FRB staff about the leasing industry and its inherent complexity – I believe he’s the most knowledgeable person in the country on auto leasing and financing.” Terry O’Loughlin, Former Assistant Attorney General, Florida Office of the Attorney General

“Randall McCathren served as a consultant and expert witness in a highly technical case with more than $100 million of damages at stake for my client. While I have worked with many, many expert witnesses during my 25 years of litigation practice, none exceeded Randall’s thoroughness, ingenuity, technical competence and dedication to my client’s interests. He has a rare combination of technical expertise, mathematical/econometric knowledge and abilities (that enabled us to build a “bulletproof” damage model) and excellent speaking ability.” Michael Moirano, Litigation Partner, Nisen & Elliott.

Litigation Consulting

Beginning with the establishment of an event time line, and a thorough review of the legal points raised in the complaint and answer, an expert report may be prepared for introduction as evidence. Our services also include:

  • Pre-litigation case evaluation
  • Litigation support for evaluation after litigation is commenced including working with counsel as to legal arguments, interrogatories, depositions, discovery, pre-trial preparation, and advice during trial
  • Serving as expert witness during trial

Expert Witness Services

If you are representing vehicle new or used car dealers, vehicle lessors, vehicle finance companies or firms providing products and services to these firms or consumers, we can provide assistance with:

  • Violations of Reg. Z, Reg. M, State Motor Vehicle Retail Installment Sale Acts, Unfair and Deceptive Acts and Practices
  • Damage calculations related to varied loss theories of these aforementioned statutes and regulations
  • Lease and Retail Installment Sale Contract (RISC) portfolio modeling including delinquency, loss and recovery projections
  • Lease residual value loss modeling
  • Interpretation of complex industry business contracts and modeling of alternative interpretations with large portfolios

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Areas of Expertise
  • Dealer sales practices
  • Regulation Z
  • Regulation M
  • Retail Installment Sale Contracts
  • Vehicle leasing
  • Dealer after market products
  • Dealer Finance & Insurance sales
  • Dealer wholesale financing
  • Residual value insurance
  • Subprime financing
  • Buy-Here Pay-Here financing
  • Lease-Here Pay-Here financing
  • Lease taxation
  • Lease end-of-term issues
  • Delinquency and loss management
  • Collections and operations