This case involves a mining services company that hired a firm to act as its broker to market and facilitate the sale of its company. The firm initiated a lawsuit against the mining company to recover a “success fee” which the firm claimed it was entitled to under the parties’ contract. The mining company disputed this “success fee,” claiming the firm was not involved in the ultimate transaction at issue. There was a separate provision within the contract that provided for compensation to the firm in an amount to be mutually agreed upon relative to the firm’s involvement and contribution to such a transaction. It was the mining company’s position that this provision did not constitute a “success fee.” An expert in investment banking was sought to opine first on the issue of the success fee and to relay their opinion as to whether the firm was entitled to same. The expert was also asked to opine as to what would be a typical fee based on the firm’s actual involvement and contribution to the transaction at issue.
Question(s) For Expert Witness
1. Please describe your background in investment banking.
Expert Witness Response E-015620
I have 40+ years of experience in every area of investment banking, including mergers and acquisitions (including LBOS and recapitalizations), fairness opinions, adequacy opinions, solvency opinions, valuations, damage issues, fiduciary issues, advice to special committees of boards and trustees, due diligence and disclosure issues, financing of debt and equity both public and private, leasing and real estate financing, and many other areas. I formerly served as an investment banker at one of the most prominent American investment banks of the twentieth century. I also served as an advisor to certain corporate finance departments of a medium-sized investment bank before becoming the senior director of a boutique investment bank with both U.S. and foreign clients.
About the author
John Lomicky
John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
