Rodney J. Bosco, MAFF, CVA, CFE – Director

+1 703 646 1958

 

Plaza America Tower II
11710 Plaza America Drive
Suite 800
Reston, VA 20190
rbosco@chessconsultingllc.com

Mr. Bosco is a Director at Chess Consulting LLC.  He has provided advisory and expert testimony services in adversarial settings for more than 30 years.  He specializes in assessing the financial impact associated with commercial disputes.  Mr. Bosco also prepares appraisals of ownership interests in privately-held businesses and conducts investigations involving quantitative analysis or empirical research.

Mr. Bosco has examined financial and/or economic issues in the context of civil litigation, criminal investigations, investor/state arbitrations and contract compliance.  He has addressed impact measures such as profits, cash flow, wages, business value, royalties, unjust enrichment and “most favored nation” pricing.  Mr. Bosco has been retained as an expert in damages analysis and statistics, and has provided written and oral testimony.

Mr. Bosco has a Master of Arts degree in economics from the University of Michigan.  He also holds professional certifications in financial forensics (Master Analyst in Financial Forensics), business valuation (Certified Valuation Analyst), and fraud examination (Certified Fraud Examiner).

 

Professional Experience

Disputes and Investigations:

  • Damages Strategist. Mr. Bosco consults with litigants and their legal counsel to maximize the vetting of damages theories and calculations via the discovery process. Services include (a) developing a damages-infused discovery plan that works to support the client’s damages case and counter the opposing side’s expected arguments; (b) stress-testing damages theories and analyses to anticipate and neutralize critiques so as develop compelling and defensible opinions; (c) elevating the damages IQ of the legal team, allowing for more effective examination of complex damages concepts with opposing experts; and (d) assisting with settlement negotiations.
  • Contract Breach/Tortious Interference. Mr. Bosco conducts financial forensic investigations pursuant to a wide range of commercial relationships, either arranged via contract or incurred through tortious activity.  He has evaluated claims of lost profits, reliance costs, project cost overruns, and adherence to “most favored nation” pricing provisions.  Commercial settings have included regional airlines, medical devices, maternity services, modular apartment construction, utility supply, government contracting, Internet service providers, telecommunications, storage facilities, roadway construction, and design/development contracts.
  • Labor and Employment. Mr. Bosco calculates and reviews lost wage and back pay claims for individuals in the context of wrongful death and wrongful termination claims.  He has calculated back pay in class actions brought under the Fair Labor Standards Act, the Federal Employee Pay Act, the Customs Overtime Pay Reform Act, the Border Patrol Agent Pay Reform Act, and the Compensation Clause of the U.S. Constitution.
  • Dealerships/Franchises. Mr. Bosco analyzes but-for revenue, cost and profit projections and valuation diminution assessments associated with breaches or terminations of dealership and franchise agreements.  Industries examined include construction equipment, quick-serve restaurants, personal computers, earth moving equipment, automobiles, medium-duty trucks, duty-free shops, and pre-paid calling cards.
  • Intellectual Property. Mr. Bosco evaluates financial and economic harm associated with patent infringement, false marking, trademark infringement, and theft of trade secrets.  He also conducts research of royalty licenses in support of arm’s length negotiations and in pre-litigation exposure settings.  Industries examined include content identification software, endoscopy equipment, credit cards, surveillance camera systems, animal feed/crop fertilizers, rechargeable batteries, ligament repair procedures, high-strength suture and athletic footwear.
  • Statistical Sampling. Mr. Bosco designs samples to gain insight, or test hypothesis, across a wide range of topics.  He has determined the reserve liability for hotel and airline affinity programs, estimated overcharges in hospital and pharmacy billings to Medicare, determined the underpayment of healthcare premiums to HMOs, tested music royalty algorithms, and measured the extent and duration of price fixing agreements.  Mr. Bosco also reviews statistical analyses conducted by others for adherence to accepted theories and practices.
  • Mr. Bosco serves as a volunteer arbitrator in legal fee disputes brought pursuant to the District of Columbia Bar’s Attorney-Client Arbitration Board program.
  • Mr. Bosco has developed and conducted lectures and multi-day classes in damages analysis and business valuation to staff consultants and university students.

Education & Certifications:

  • Master Analyst in Financial Forensics – National Association of Certified Valuators and Analysts
  • Certified Valuation Analyst – National Association of Certified Valuators and Analysts
  • Certified Fraud Examiner – Association of Certified Fraud Examiners
  • M.A., Economics – The University of Michigan
  • B.A., Economics – Boston College

Professional Affiliations:

  • National Association of Forensic Economics
  • District of Columbia Bar – Board of Governors
  • D.C. Bar Pro Bono Center – Board of Governors
  • National Association of Certified Valuators and Analysts
  • Association of Certified Fraud Examiners

Publications:

  • “The Damages Expert’s Role in Fact Discovery,” w/ David Ottenbreit, National Litigation Consultants Review, 2016, Volume 1, p. 1.
  • “Getting More Value From Your Damages Expert,” with David Ottenbreit and Henry Platt, Law360, October 25, 2016.
  • “Potential Issues in Using Business Appraisal as the Measure of Damages in Litigation – Dealer Termination,” with David Ottenbreit, The Value Examiner, September/October 2015.
  • “Valuation of Employee Stock Options: It isn’t Just Black-Scholes Anymore,” with Ron D. Rudkin, Ph.D., The Value Examiner, March/April 2014.
  • “Duration of Damages: Can Lost Profits Continue Forever?”, with David Ottenbreit, Law360, March 11, 2013.
  • Potential Benefits to the United States Mint from Changing the Metallic Content of its Vended Coins to Multi-Ply Plated Steel, February 2, 2012, © Navigant Consulting, Inc.
  • “What is the Value of ‘Forever’?: Choosing Between Long-Term Mitigation and a Perpetual Damages Model,” Financial Valuation and Litigation Expert, Issue 28, December 2010/January 2011.
  • Contributor to chapter describing royalty and licensing trends in trademarks and copyrights included in Royalty Rates for Trademarks & Copyrights, 3rd Edition, © 2004 IPRA, Inc.; and Royalty Rates for Technology, 3rd Edition, © 2003 IPRA, Inc.
  • Business aviation in today’s economy: A shareholder value perspective, Spring 2001 © Andersen LLP