JULY 2013

Expert Witness Profile

53

& Timesharing

Have you been involved in any high-profile cases?

Oh yes. I was defense expert representing the Arab Republic of Egypt in a notorious case involving a developer suing for land condemnation at the International Center for the Settlement of Investment Disputes in Paris. The developer had proposed building the world’s largest timeshare resort, together with casino, marina, and other components, in a politically volatile location on the Gulf of Aqaba. My opinion was that the plan was infeasible as proposed. In another instance I was engaged as expert representing two London barristers who were sued and were countersuing the brother of the world’s richest man in New York Supreme Court. The primary dispute involved whether the barristers, as agents of that individual and his 220-corporations, had looted his assets through a scheme of self-enrichment. I was able to prove that the barristers’ compensation was appropriate to their employ. This was pertinent to my expertise in that the primary assets around which the disputes arose were large world-famous hotels.

How valuable to the law do you think expert witnesses in the field of hospitality and timeshares are?

Hospitality law, at least in the USA, is established,

if a bit of a back-water

discipline. Most attorneys and judges can work through the issues, even if they aren’t regularly employed on hotel cases. Timesharing, on the other hand, is a very unique animal. Both the industry and the law in most jurisdictions have been evolving to account for the very particular circumstances of that business. Therefore, in the case of hospitality, mainly the hotel side of it, I act as a business counterpoint to the existing knowledge-set of the attorneys. In

the case of timesharing disputes I almost have to act as a professor in teaching everyone on our side the business so they can effectively pursue the case without stumbling.

What can knowledge of this sector bring to a civil case?

It goes without saying that knowledge of the business brings quick and usually meaningful responses to questions or issues. In my case, I am fortunate to have worked my way through the business- I’ve been hands-on in hospitality operations, finance and real estate development, in both major companies as well as my own entrepreneurial practice. Therefore, for the right cases I can be highly efficient and wear the persona of credibility. In my little corner of the world - hospitality expert witnesses - I have discovered that a big portion of my hospitality expert fellows emerged from public accounting or other cross-industry disciplines and, frankly, they don’t really understand the business particularly well. They make mistakes - sometimes egregiously so. I won’t get into detail here, but I have in my repertoire some great examples of failure to correctly opine because of insufficient industry-specific knowledge. LM

Kenneth C. Free

Straightline Hospitality Corporation 1576 El dorado drive thousand oaks CA 91362 USA

tel: 1.805.373.6840 Email: kfree@straightline-advisors.com Contact: