Litigation Support and Expert Witness Services

iStock_000016768857MediumThe principals of Nassau Capital Advisors, LLC provide a number of the region’s leading law firms with professional litigation support and expert witness services.  Our litigation assignments typically focus on the financial feasibility (including development costs and likely returns on investment) of real estate projects; assessment of damages in contract disputes and valuation analysis.

Dr. Robert PowellManaging Director of the firm, is our lead principal providing expert witness testimony, technical reports, and related litigation support services.  His litigation support experience includes a range of controversies, including:

  1. The feasibility of proposed inclusionary zoning plans to create low- and moderate-income housing in New Jersey pursuant to the Laurel Supreme Court decisions.
  2. Commercial real estate disputes, focusing on the calculation of financial damages, including “lost profits” incurred by a party in cases in which a breach of contract or negligence have been alleged.
  3. Expert testimony in eminent domain (condemnation) cases, particularly eminent domain litigation in connection with redevelopment of private property.
  4. The need for (and structure of) financial incentives for redevelopment projects, including payments in lieu of taxes (PILOTs) pursuant to financial agreements between municipalities and private redevelopers.
  5. The assessment of risk that a proposed redevelopment project may not be financially- feasible and thus, not capable of attracting private capital; such an assessment is often a matter of considerable concern to public redevelopment agencies.

Dr. Powell brings to each assignment the perspective of an experienced, successful real estate developer.  He understands the impact on the feasibility of a real estate project such factors as local market conditions, interest rates, development costs and investor requirements for returns on investment will have.  His expertise and experience supplement the expertise of appraisers, planners, architects and engineers, by bringing to a matter the practical yet analytical experience in the development of hundreds of millions of dollars in commercial and residential real estate over the past 30 years.

Qualifications and Experience

Dr. Powell has been qualified as an expert witness on matters of real estate financial feasibility by state and federal courts throughout New Jersey in numerous litigation and arbitration matters over the past 15 years.

Dr. Powell’s credentials include a successful career in the development and financing of millions of square feet of commercial and residential real estate.   For 10 years he served in senior executive positions, including President and CEO, of DKM Properties Corp, Lawrenceville, NJ.  The firm developed and managed more than six million square feet of commercial and residential real estate during his tenure.  His experience includes the structuring complex financial packages for real estate development projects.

Dr. Powell’s work with real estate development and finance began during his tenure as the first Executive Director of the NJ Economic Development Authority in Trenton, NJ, and has continued for more than 30 years, during which time he has negotiated hundreds of millions of dollars in incentives for his own development projects as well as for scores of public and private clients.

Dr. Powell has a Master’s Degree and Ph.D. Degree from the Princeton School of Public and International Affairs at Princeton University, with a special focus on economics and public policy analysis.  Dr. Powell is a licensed real estate broker in the State of New Jersey.

Gerry Doherty, a Principal and Senior Associate at Nassau Capital Advisors, LLChas 30 years of experience in evaluating the financial feasibility of real estate transactions. Mr. Doherty specializes in developing complex, customized financial models used to evaluate proposed or existing real estate development projects. These sophisticated analytical tools are an integral part of our team’s litigation support capability, and have been accepted in numerous courts throughout New Jersey and other states.

Mr. Doherty has a Master’s Degree in Economics from the University of Connecticut and a Bachelor’s Degree in Economics from the University of Delaware. Mr. Doherty’s litigation and expert witness experience includes substantial assignments on behalf of The Port Authority of New York and New Jersey and New Jersey Transit Corp.

Litigation and Expert Testimony – Real Estate Damage Claims, Redevelopment and Affordable Housing Disputes:

  • Dr. Powell was one of two lead expert witnesses on behalf of the Town of Princeton and West Windsor Township, NJ in the pivotal 2017 Mercer County Superior Court Mt. Laurel affordable housing case decided by the Hon. Mary Jacobson.  The decision established the methodology throughout New Jersey for determining the Third Round municipal fair-share obligations through 2025 for affordable housing.
  • Dr. Powell provided expert witness report and court testimony on behalf of a defendant law firm in connection with damages claims by plaintiff, a bankrupt developer; Superior Court, State of Delaware, New Castle County; jury found for defendant, and dismissed all claims.
  • Washington Twp., NJ (Gloucester County), on behalf of Township, provided expert reports in litigation with a developer re: tax abatement, affordable housing and feasibility of density.
  • South Brunswick Township – provided expert reports and testimony on behalf of Township regarding litigation with a developer on feasibility of inclusionary zoning ordinance.
  • Rockaway Twp. (Morris County) – on behalf of Twp., provided expert reports re litigation with a developer regarding financial feasibility of inclusionary zoning plans.
  • Long Branch, NJ – on behalf of City and its designated redeveloper, Dr. Powell provided expert reports and extensive trial testimony in multiple eminent domain cases in connection with the assembly of sites for what is now Pier Village waterfront redevelopment project.

Litigation Support Services – Law Firms:

  • Jeffrey R. Surenian, Esq., Surenian, Edwards & Nolan, LLC, Point Pleasant Beach, NJ
  • Jonathan E. Drill, Esq., Stickel, Koenig, Sullivan & Drill, LLC, Cedar Grove, New Jersey
  • Edward Buzak, Esq., Buzak Law Group, Montville, NJ
  • Ansell Grimm & Aaron, PC, Ocean, NJ
  • Paul V. Fernicola & Associates, Red Bank, NJ
  • McManimon Scotland & Baumann, LLC, Roseland, NJ
  • Wilentz, Goldman & Spitzer, PA, Woodbridge, NJ
  • Elzufon Austin Tarlov & Mondell, Wilmington