PROFESSIONAL REFERENCES AND CLIENT TESTIMONIALS
Just wanted to send a few observations from the Arbitration Hearing. I hated testifying myself because of so many open ended questions that left me doubting my effectiveness. The Raymond James team tried their best to repudiate your positions on investment strategies but your tenacity and persistent arguments had to have a great impact on the arbitrators. In fact, our group of claimants received 3 times what the previous Claimants had previously litigated against Raymond James/Eddie Lyons.
Thanks to you and Kim Breese I got back money that saved my retirement.
This is to thank you for your valuable assistance serving as the expert witness for my 28 clients in our recent arbitration against Raymond James. With that many claimants, with 40 accounts at issue and with 73 hearing sessions over seven weeks, this case required a huge undertaking for my firm. We could not have obtained the results we achieved without you as part of our team. With your help we presented a case resulting in $3 million in compensatory damages - an amount twice the out-of pocket damages of our clients. In addition, Raymond James was ordered to pay your expert fees, our litigation expenses and all but $1500 of the forum fees of more than $100,000.
To obtain these results, we litigated against two talented and aggressive attorneys and two Bates Capital experts. Your expert testimony was compelling, and you artfully handled opposing counsel's aggressive cross exam. And your pre-trial assistance in crafting cross examination of their witness and experts resulted in eliciting much testimony helpful to us and damaging to them.
On damages, your analysis of our clients' accounts, through both your reports and your testimony, was instrumental in the panel's decision to award the compensatory damages. Despite the number of claimants, the number of accounts and the thousands of pages of statements, reports and damage calculations, you simplified and articulately explained our damage calculation in terms the arbitration panel could easily understand. That was clear when witnessing the lengthy back and forth between you and one of the arbitrators on the theory and measure of damages.
Perhaps the most compelling proof of the value of your assistance was the award of your expert witness fee of $140,000. We both know that is a rare event in FINRA arbitration.
Thanks again, and I look forward to working with you again soon.
Very truly yours,
BREESE LAW OFFICE, PLLC
Frank “Kim” Breese, III
Just a brief note to let you know that I enjoyed working with you in the recent FINRA arbitration we had here in Phoenix. Your involvement in the case over the course of over one year, from before the Statement of Claim was filed, through the pre-hearing phases of the case, and then being present during all of the hearing sessions, was very helpful to my efforts to prepare and present a case on behalf of my claimant clients. The amount of time that you spent reading transcripts of the regulatory proceedings, reviewing documents from the materials obtained in discovery, and your knowledge of applicable norms based upon FINRA (and NASD) rules, Notices to Members and other authoritative and applicable industry resources was, in my view, time well spent. As a result of that work, your testimony to the Panel was well-considered and, thus, helpful to it in its efforts to understand this case, what went wrong at the broker-dealer, and what should have been done by the firm to protect my clients and comply with its regulatory obligations. I just wanted to let you know that I appreciated the time and attention you gave to the engagement from start through to the end as that had a positive impact on the value of your testimony at the hearings. Among other things, the fact that the Panel Chair asked you candidly for your assessment of the claimant’s relative naiveite when none of the parties or counsel had touched on that issue directly, and the fact that the opposing party ordered copies of your book, indicated to me that your testimony was impactful.
Best personal regards,
. . . The other side was represented by very accomplished attorneys, and hired competent and expensive experts. However, even with these resources in my view they were never able to effectively undercut Doug's work. At his deposition, Doug defended his arguments in a self-assured, commanding style. . .
Attorney David A. Garcia
Link to full letter
Guardianship legal battle ends in secrecy - Albuquerque Journal (08/27/2017)
Now that we have caught up on our sleep, I wanted to thank you for your work on Lana’s behalf. I do not know what the decision will be, but I do not think the case could have gone any better. … Your testimony about the extent to which the business is regulated was key....Thanks again – I got a call from attorney Caughlin at Citigroup. He said we did a great job –“Hit the cover off the ball.” I hope we can do another one in the future.”
Attorney Bill Batten
My firm has worked with Douglas Schultz on two significant securities cases with three different clients. We enjoyed excellent results in both cases, in large part due to Mr. Schultz. His knowledge of securities regulations and the securities industry extends far beyond that of the most, if not all, of the securities experts who regularly testify in this area. He also has an excellent understanding of finance and investing, which enables him to dissect complicated investment strategies and quickly isolate the cause of investment losses. In addition to the foregoing, Mr. Schultz also prepares extremely thorough, well-written, damages analyses and reports that always stand up to scrutiny. Mr. Schulz's testifying skills are equally impressive. To say that he is comfortable under the pressure of examination is an understatement. One of the cases that I worked on with Mr. Schulz settled soon after he gave testimony, for five times our clients’ out of pocket loss. Having Mr. Schulz present for the testimony of other witnesses is also extremely valuable. I recall with pleasure one occasion, mid hearing, when Mr. Schulz identified a key mistake that the opposing party had made in its damage analysis. Mr. Schulz relayed this information to me at the next break in the hearing. When we returned from the break for cross examination, we were able to completely eviscerate the opposing party’s position. For these reasons and others, I highly recommend Douglas Schulz as an expert in the securities field.
August 21, 2014
My clients and I thank you for all your hard work, diligence and dedication during the prosecution of our recent FINRA arbitration case. Once again, you have proven yourself to be the consumate securities expert.
I have worked with many securities experts in my 20 plus years of practice and most leave something to be desired in one area or another. It is rare to find a securities expert who truly is an expert, has all of the essential credentials, a great work ethic, cares about the client and has the right demeanor when testifying. The ability to make complex concepts understandable to the clients and to the finder of fact is a critical skill that you possess and demonstrate with aplomb. You are an invaluable asset to have in both hearing/trial preparation and at the hearing/trial itself. I particularly appreciate and value your keen insights and observances made during testimony. Your abilities in this regard allow me to concentrate on examination, knowing that at the end of the day I will not have missed anything of significance because you will have caught it. You are my "second chair" and securities expert all wrapped up in one.
Your knowledge of securities regulations is masterful. Not only do you always furnish me with the exact regulation to enhance every cause of action, but your ability to supplement the regulations with a wealth of NTMs, NAC and OHO hearing decisions is a testament to your research ability and extensive securities regulatory library. I look forward to working with you again soon.
There is no other expert in the country with your knowledge and credentials, particularly on the issues of unauthorized trading and improper discretionary trading by stockbrokers. Your familiarity with the other regulations pertaining to my case was critical and your guidance was well received by the arbitration panel.
Your presentation, demeanor and expertise gave my clients the best chance possible to receive the justice that their claim merits. But should the arbitration panel not be generous, I want you to know that in my opinion your presence and credibility was stellar; they matched your credentials. My clients were very happy and impressed. The defense experts were adversarial and had a "shoot from the hip" mentality. In stark contrast, you were the consummate professional. During my direct examination, and during the heavy-handed cross-examination by the broker’s attorney from Fulbright & Jaworski, you were articulate, even-handed and unflappable. You demonstrated complete control.
Glenn Campbell, Esq.
To: Douglas Schulz
Mr. Schulz: We thought you did an awesome job at the hearings, the bank's expert came with impressive credentials but we thought you came across as not only more credible but more knowledgeable and pertinent as well.
"[Mr. Schulz] is a competent securities professional and knowledgable about the industry and its customs and practices. He is also a person of high ethical and professional standards."
I have known Douglas Schulz professionally for 20 years. I would highly recommend him as a securities expert. The arbitration lasted for over 20 days. Mr. Schulz testified for 4 or 5 of those days. Despite my client's wealth, my client was not a very sophisticated investor, and so our case rested largely on Mr. Schulz's analysis and testimony. Mr. Schulz not only presented a GREAT case for my client on direct examination, but he also held up (indeed, exceeded expectations) on cross examination. Based largely on the work of Mr. Schulz (both pre-hearing and his testimony during the arbitration hearing), our case was a smashing success. The (arbitration) panel member and I exchanged pleasantries, and then she said something that I remember to this day. She said, 'I don’t know how your settlement turned out, and I don't want to know. But I hope you got everything you were asking for. Your case was very compelling. Your expert testimony was very credible, and we absolutely agreed with his analysis and opinion."
Jeffrey M. Travis, Esq.
Travis & Calhoun
"Let me be perfectly clear: you are one of (if not the) best and most helpful expert witnesses that I have ever had the pleasure of working with. Not only are you extremely organized and diligent in your research supporting your opinions, but you are also extremely helpful in assisting with the preparation of the case in general, including preparation for opposing experts, helpful discovery, issues to anticipate, etc.
On the stand, you demonstrated a fairly rare ability to without hesitation respond to unanticipated questions in a clear, cogent and civil manner in a way that is always consistent with your opinion and calculated to advance your ultimate point."
Mark R. Baumgartner, Esq.
Pender & Coward P.C.
I wanted to take this opportunity to thank you for your outstanding work as an expert witness in this case. The NASD panel must have been equally impressed as they appeared to follow closely your testimony concerning unsuitability, lack of supervision an the measure of damages. On the damage issue I was impressed that they did not award out-of-pocket losses of $218,824, but instead awarded the significantly higher sum of $301,931, very close the damages based on your 'well manages' portfolio calculations.
Finally, I want to thank you for all your hard work, especially as it relates to focusing me in on the key issues and key documents to be used at hearing."
James Bendell, Attorney-at-Law
"I chaired an arbitration panel in the early '90s involving Dean Witter in which you served as an expert. As an arbitrator, I was impressed with you capabilities and your testimony and hired you several times for my own cases. I thought your materials and opinions were articulate, well reasoned and correctly reflected the standard of care for securities professionals and allowed recovery of damages. You have one of the more refreshing approaches to testimony as an expert, and you provide a significant amount of analysis as to the opinions of the other experts involved at the proceeding."
Charles D. Powell
Fulbright & Jaworski
"I have known Douglas J. Schulz for at least five years and have had the opportunity to work with him professionally on two NASD arbitration cases. We served as expert witnesses in both cases.
Mr. Schulz has a very keen mind, is highly intelligent, and has a thorough understanding of the rules and regulations governing the securities and commodities industries. In addition, he is a man with a strong sense of right and wrong, and high ethical standards...I had first hand exposure to his good judgement and communicative skills in the two cases on which we collaborated."
"On behalf of the Practicing Law Institute, I want to sincerely thank you for being part of our faculty. You're an extremely experienced, cutting-edge expert and it comes across that way...What I liked most about your presentation was your enthusiasm."
"Douglas, First Allied was aware that we had you as an expert witness and that gave them the incentive to make a serious settlement offer. I am very, very grateful to you for your brilliant work. I am confident the case settled for a large dollar amount because of your excellent insights, preparation and assistance you were to our lawyer."
Thanks. Mary Jane (California client)