David G. Clarke, ASA

Managing Principal
David Clarke
  • Master of Business Administration, Finance
    University of Chicago Booth School of Business
  • Bachelor of Arts, Economics
    University of Washington
  • Accredited Senior Appraiser
    (Business Valuation)

    American Society of Appraisers

David G. Clarke, ASA is a Managing Principal at The Griffing Group and serves as the leader of the firm’s Commercial Litigation Practice. Mr. Clarke has over 35 years of experience in providing valuation opinions and expert witness testimony for purposes of commercial litigation, estate and gift taxation, intellectual property valuation, employee stock ownership plan compliance, purchase price allocation, and impairment testing.

Mr. Clarke has been retained to provide expert witness testimony for plaintiffs and defendants in a number of jurisdictions, including the Delaware Court of Chancery, United States District Court, and United States Tax Court. Mr. Clarke’s testifying experience includes providing opinions of fair value for shareholder appraisal actions and fiduciary cases (including entire fairness and derivative shareholder actions) and opinions of economic damages related to intellectual property infringement and contract disputes. Mr. Clarke has also provided expert consulting and testimony in preliminary injunction matters.

Mr. Clarke has valued businesses across many industries, including financial services, software and technology, energy, manufacturing, communications, distribution, and retail.

EXPERT WITNESS ENGAGEMENTS – TRIAL AND DEPOSITION TESTIMONY

UNITED STATES DISTRICT COURT

Air Products and Chemicals, Inc. v. Eric P. Wiesemann, et al.

District of Delaware. June 2016. Economic damages.

Shanklin Corporation v. American Packaging Machinery, Inc. and Rally Packaging Corporation.

Northern District of Illinois. April 2006. Patent infringement; economic damages.

DELAWARE COURT OF CHANCERY

Blueblade Capital Opportunities LLC, et al. v. Norcraft Companies, Inc.

C.A. No. 11184-VCS. June 2017. Fair value; economic damages.

In Re Appraisal of SWS Group, Inc.

Consol. C.A. No. 10554-VCG. September 2016. Fair value; economic damages.

In Re ISN Software Corporation Appraisal Litigation.

Consol. C.A. No. 8388-VCG. February 2016. Fair value; economic damages.

LongPath Capital, LLC v. Ramtron International Corporation.

C.A. No. 8094-VCP. October 2014. Fair value; economic damages.

Edgewater Growth Capital Partners, L.P., et al. v. H.I.G. Capital, Inc., et al.

C.A. No. 3601-CS.  October 2012.  Fair market value.

In Re Hanover Direct, Inc. Consolidated Shareholders Litigation.

Consol. C.A. No. 1969-CC.  September 2009. Fair value; economic damages.

In Re Loral Space and Communications Inc. Consolidated Litigation.

C.A. No. 2808-VCS.  May 2008. Fair value; economic damages.

In Re PNB Holding Co. Shareholders Litigation.

Consol. C.A. No. 28-N (VCS).  February 2006. Fair value; economic damages.

The Union Illinois 1995 Investment Limited Partnership, et al. v. Union Financial Group, Ltd.

C.A. No. 19586 (VCS).  October 2003. Fair value; economic damages.

Richard A. LeBeau, et al. v. M.G. Bancorporation and Southwest Bancorp, Inc.

C.A. No. 13414 (VCJ). December 1997. Fair value; economic damages.

SUPERIOR COURT OF NEW JERSEY

Casey and Gagliano, et al. v. Brennan, Amboy Bancorporation, et al.

April 1999. Fair value; economic damages.

CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Blackhawks 2010, Inc. (f/k/a The Higher Gear Group, Inc.) v Jeffrey Wulbert.

November 2013. Fair value.

In Re Marriage of Izenman/Goldfarb.

June 2012. Fair market value.

Katten Muchin Zavis v. Brambles DVS, Inc., Brambles Record Management, Inc., et al.

July 2005. Economic damages.

Shirley Deuitch v. Independence Tube Corporation, et al.

May 2001. Fair value; economic damages.

AMERICAN ARBITRATION ASSOCIATION

Albany Bank and Trust Company v. David Tessler, et al.

March 2009. Fair value; economic damages.

EXPERT WITNESS ENGAGEMENTS – DEPOSITION TESTIMONY ONLY

UNITED STATES DISTRICT COURT

Stafford Trading, Inc. and John S. Stafford v. Frederick J. Lovely and Charles Pokoski.

2007. Fair market value; intellectual property.

DELAWARE COURT OF CHANCERY

Earl P. Galleher, III, et al. v. Georgetown Basho Investors, LLC, et al.

C.A. No. 11802-VCL. 2017. Economic damages.

Frank G. Pilkiewicz, Ph.D., et al. v. Transave, LLC.

C.A. No. 6319-CS. 2013. Fair value.

In Re Google Inc. Class C Shareholder Litigation.

Consol. C.A. No. 7469-CS. 2013. Economic damages.

In Re TPC Group, Inc. Shareholders Litigation.

C.A. No. 7865-VCN. 2012. Preliminary injunction; economic damages.

In Re El Paso Corporation Shareholder Litigation.

C.A. No. 6949-CS. 2012. Preliminary injunction; economic damages.

SUPERIOR COURT OF NEW JERSEY, HUDSON COUNTY, CHANCERY DIVISION

In Re Pamrapo Bancorp Shareholder Litigation.

2014. Fair market value.

DISTRICT COURT OF STEPHENS COUNTY, OKLAHOMA

James M. Ferguson, et al. v. J.R. Montgomery Bancorporation, et al.

2013. Fair value.

CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Robert E. Reilly, Jr. v. DHR International Inc., et al.

2012. Fair market value.

In Re Marriage of Pothast.

2011. Fair market value.

Burke v. McNally, et al.

2010. Fair market value

Michael Benson, et al. v. John S. Stafford, Jr.

2009. Economic damages.

OTHER SIGNIFICANT LITIGATION SUPPORT MATTERS

DELAWARE COURT OF CHANCERY

In Re Physicians Formula Holdings, Inc. Shareholder Litigation.

Consol C.A. No. 7794-VCL. 2014-2015. Economic damages.

In Re Safeway Inc. Stockholders Litigation.

C.A. No. 9445-VCL. 2014. Economic damages.

Blackthorn Partners, L.P. v. John C. Malone, et al.

C.A. No. 5260-CS. 2012. Economic damages.

New Jersey Carpenters Pension Fund v. infoGROUP, Inc., et al.

C.A. No. 5334-VCN. 2011-2013. Economic damages.

Viamericas Corp. et al. v. MicroVest I, L.P. et al.

C.A. No. 6741-VCL. 2011. Economic damages.

In Re Massey Energy Co. Derivative and Class Action Litigation.

Consol. C.A. No. 5430-VCS. 2011. Preliminary injunction; economic damages.

In Re Novell, Inc. Shareholder Litigation.

C.A. No. 6032-VCN. 2011. Preliminary injunction; economic damages.

In Re TD Banknorth Shareholders Consolidated Litigation.

C.A. No. 2557-VCL. 2008-2009. Fair value; economic damages.

SLM Corporation, Inc. v. J.C. Flowers II, L.P., et al.

C.A. No. 3279-VCS. 2007. Material adverse effect.

NEW YORK STATE SUPREME COURT

DC Chemical Co., Ltd. v. Columbian Chemicals (Cayman) Holdings, Ltd., et al.

2009. Material adverse effect.

DISTRICT COURT OF HARRIS COUNTY, TEXAS

In the Matter of the Marriage of R.E.D. and S.C.D.

2010. Fair market value.

SPRING 2017
Welcome by David G. Clarke, ASA

The Griffing Group is very pleased to announce that Daniel R. Van Vleet, ASA has joined our firm as a Managing Principal. Dan is a nationally-recognized expert on the valuation of pass-through entities (S corporations, LLCs, and partnerships). The Van Vleet Model for valuing pass-through entities is featured in numerous textbooks and valuation publications, and Dan has presented on the subject at conferences around the country.

Dan has more than 27 years of experience in providing valuation opinions for corporate transactions, bankruptcy, fairness and solvency analyses, shareholder and tax disputes, and other controversy matters. He has testified as an expert witness more than 30 times in depositions and at trials in U.S. Bankruptcy Court, U.S. District Court, the Delaware Court of Chancery, the Chancery Court of Cook County, Federal arbitrations, and various state courts and arbitrations. Dan also has extensive experience providing opinions of fair market value to the Internal Revenue Service in controversy matters at audit, appeals, and fast track settlement involving closely-held businesses and fractional equity interests. Dan has served in a number of valuation leadership roles, including International President of the American Society of Appraisers. He has taught courses at DePaul University and Northwestern University and has lectured extensively at business valuation forums.

Please join me in welcoming Dan. If you have questions about valuing a pass-through entity or need assistance with a complex valuation issue, please reach out to Dan. He can be reached at 708-383-9050 or at DVanVleet@TheGriffingGroup.com.