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.
- 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 Hawai‘i 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.
- Provided expert services related to the defense of a major international hotel management company in a claim/arbitration related to sales and marketing performance and alleged diversion of business to other managed properties.
- 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.
- Provided expert witness testimony on numerous occasions regarding the renegotiations of ground leases for a number of fee owners.
- Provided expert witness testimony on numerous occasions regarding contract disputes with hotel management companies and owners. These analyses often included compliance and damage claim issues.
- 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.
Provided expert witness testimony regarding damage claims and contractual disputes in various arbitrations between developers and resort condominiums homeowners associations.
Provided litigation support and expert witness services related to a litigation case involving multiple helicopter tour operators on Maui. The engagement included an analysis of the tourism market in relation to the Maui helicopter industry. Expert testimony included damage claim analysis as well as Maui tourism market trends analysis.
- Provided litigation support on behalf a hotel owner with regards to an insurance dispute over earthquake related damages.
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