LITIGATION SERVICES

Litigation Consulting

Expert witness and litigation consulting services for complex commercial real estate finance, lending, credit, and investment matters.
Mr. Lavian provides expert analysis, report preparation, testimony, and litigation consulting across commercial real estate finance and lending matters.

Litigation Consulting Services

Early Case Assessment & Strategy

Early assessment of the matter, relevant documents, and potential expert issues before formal designation. Helps counsel identify defensible positions, technical questions, and areas where real estate finance analysis may assist case strategy.

Loan File & Document Review

Independent review of loan agreements, origination files, credit memoranda, draw requests, construction inspection records, servicing documentation, correspondence, and other materials relevant to the dispute.

Underwriting & Credit Analysis

Analysis of underwriting methodology, borrower and guarantor financial capacity, collateral, leverage, cash flow, risk ratings, credit approvals, and consistency with applicable lending policies and practices.

Industry Custom & Practice

Analysis of customary practices among commercial real estate lenders, private credit funds, borrowers, servicers, and asset managers, including how lending policies and market conditions inform institutional decision-making.

Lender & Borrower Conduct

Evaluation of lender and borrower conduct in connection with loan origination, administration, modifications, draws, defaults, enforcement, workouts, and disposition, with consideration of the transaction documents and applicable industry practices.

Opposing Expert Analysis & Rebuttal

Review of opposing expert reports and identification of methodological, factual, industry-practice, or standard-of-care weaknesses. Available for both pre-report strategy and post-report rebuttal analysis.

Discovery & Document Analysis

Review and organization of loan files, emails, credit materials, servicing histories, financial records, and other discovery to identify key factual, financial, and procedural issues for counsel.

Pre-Designation Consulting

Confidential consultation before formal expert designation, including issue identification, document prioritization, expert-positioning strategy, and assessment of whether specialized real estate finance analysis would assist the matter.

Litigation Strategy Support

Support may include technical issue analysis, document interpretation, deposition preparation, and trial support. Expert report preparation consistent with applicable Federal Rule of Civil Procedure 26 requirements and retaining counsel’s direction.

Discuss an Engagement

All consulting engagements are confidential. Contact us to discuss scope and availability.