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Hospitality Advisors provides expert consulting and expert witness testimony for litigation and arbitration cases, including trial preparation assistance, forensic analysis, opposing expert rebuttal analysis, litigation strategy assistance, damage claim calculations and testimony. In addition to serving as an expert witness in federal and state proceedings, Mr. Toy has been appointed as an arbitrator, receiver and foreclosure commissioner for a number of engagements. Representative examples of Litigation/Arbitration projects are listed below.
- Provided expert witness services including testimony, trial preparation assistance, forensic analysis, opposing expert rebuttal analysis and litigation strategy assistance for numerous hospitality clients. Expert testimony included damage claim analysis, management contract disputes, breech of contract, and business interference claims.
- Served as an expert witness for several arbitration and litigation cases related to force majeur. The cases involved conducting market and economic analysis to determine time period of force majeur and impact on the industry as a result of the September 11, 2001 terrorist attack, SARS and recession. Prepared market and economic analyses and provided expert witness testimony.
- Provided expert witness services related to damage claims for a $100 million litigation case due to mold contamination for a major Waikiki resort. Services included preparing a business interruption damage claim analysis and expert report, development of a damage claim analysis strategy, preparation of economic and financial models, and providing rebuttal comments regarding the opposing expert report.
- Served as neutral arbitrator regarding a major hotel management contract dispute between an international luxury hotel management company and the owner.
- Prepared an expert report for the defense of a major international hotel management company from a breach of contract claim from the resort's owner. The report included analysis of historical financial statements, booking reports, corporate booking pace, booking and reservation detail and trends among other Hawaii resorts managed by the management company, marketing plans, and preparation of an analysis and rebuttal of the opposing expert witness report. Support was also provided to the defense attorney in his preparation of deposing the expert witness for the plaintiff.
- Served as an expert witness regarding the renegotiation of several ground leases for a number of major fee owners. The hotels included major ocean-front properties in Waikiki. The engagements included analyzing the ground lease terms, preparation of market and financial analyses under varying scenarios, preparation of an expert witness report and deposition and arbitration expert witness testimony.
- Served as an expert witness representing a hotel owner involved in a contract dispute with its hotel management company. The analysis included compliance issues with certain provisions in the management contract and market trends impacting performance requirements under the agreement.
- Provided expert witness services for a variety of projects before the State Legislature, City Council and various public agencies related to hotel tax issues, tourism planning and project/business development applications.
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