David G. Clarke, ASA David G. Clarke, ASA is a Managing Principal at the Griffing Group, and serves as the leader of the firm’s Valuation Litigation Practice. Mr. Clarke has more than 35 years of experience in providing valuation opinions and expert witness testimony in a broad range of industries for a variety of purposes including commercial litigation, corporate transactions, estate and gift taxation, intellectual property valuation, employee stock ownership plan compliance, purchase price allocation, and impairment testing. Mr. Clarke has provided expert valuation services, opinions and testimony for plaintiffs and defendants in a number of jurisdictions, including the Delaware Court of Chancery and the United States District Court. His 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. He has also provided expert consulting and testimony in preliminary injunction matters. Mr. Clarke has provided professional services in a broad variety of industries, including the following: aerospace, agriculture, apparel, architecture, automotive, biotechnology, cable television, chemical manufacturing, commercial and community banking, computer hardware, construction, e-commerce, education, engineering, food brokerage and distribution, furniture manufacturing and distribution, grocery, health care, high frequency trading, HVAC, insurance, investment banking, IT services, law firms, management consulting, manufacturing, mortgage banking, multi-level marketing, office equipment, oil and gas pipelines and exploration, paper brokerage and distribution, petrochemical, pharmaceuticals, plastics, retail, software, television and radio broadcasting, tobacco, transportation and trucking, and wholesale distribution. Prior to forming The Griffing Group in 1990, Mr. Clarke was a Senior Valuation Analyst at Willamette Management Associates, Inc. from 1989 to 1990, where he managed valuation engagements for the purposes of litigation, ESOPs, and fairness opinions in industries such as financial services, energy, health care, and commercial aviation. Prior to his work with Willamette, he was a Senior Manager of Price Waterhouse Valuation Services Group from 1985 to 1989. During his time at Price Waterhouse, he opened the New York valuation services practice and headed the firm’s national financial services valuation practice. His areas of concentration included mergers & acquisitions, financial services, and intangible asset valuations. Prior to his affiliation with Price Waterhouse, he was a Manager with Arthur D. Little Valuation, Inc. from 1983 to 1985. American Society of Appraisers (ASA) Illinois Coalition of Appraisers District of Delaware Air Products and Chemicals, Inc. v. Eric P. Wiesemann, et al., 2016 Northern District of Ohio, Eastern Division Eaton Corporation v. Wrena, LLC, et al., 2023 Northern District of Illinois, Eastern Division Shanklin Corporation v. American Packaging Machinery, Inc. and Rally Packaging Corporation, 2006 Stafford Trading, Inc. and John S. Stafford v. Frederick J. Lovely and Charles Pokoski, 2007 Superior Court of the State of California, County of Los Angeles In Re MRV Communications, Inc. Stockholder Litigation, Lead Case No. BC 669601, 2019 Court of Chancery Brian Jacobs, et al. v. Akademos Inc., et al. C.A. No. 2021-0346-JTL, 2023 Restanca, LLC et al. v. House of Lithium, Ltd., C.A. No. 2022-0690-PAF, 2022 Jai Shekhawat v. Quinnox, Inc. et al., C.A. No. 2019-0079-AGB, 2020 The Frederick Hsu Living Trust v. ODN Holding Corporation, et al., C.A. No. 12108-VCL, 2019 QuietAgent, Inc. on behalf of Findly Talent, LLC v. Symphony Technology Group, LLC, et al., C.A. No. 10813-VCZ, 2019 Neil Smith and NTS, LLC v. PGI Financial Group, LLC, et al., C.A. No. 11255-VCG, 2018 Earl P. Galleher, III, et al. v. Georgetown Basho Investors, LLC, et al., C.A. No. 11802-VCL, 2017 Blueblade Capital Opportunities LLC, et al. v. Norcraft Companies, Inc., C.A. No. 11184-VCS, 2017 In Re Appraisal of SWS Group, Inc.,, C.A. No. 10554-VCG, 2016 In Re ISN Software Corporation Appraisal Litigation, Consol. C.A. No. 8388-VCG, 2016 LongPath Capital, LLC v. Ramtron International Corporation, C.A. No. 8094-VCP, 2014 Frank G. Pilkiewicz, Ph.D., et al. v. Transave, LLC, C.A. No. 6319-CS, 2013 In Re Google Inc. Class C Shareholder Litigation, Consol. C.A. No. 7469-CS, 2013 In Re TPC Group, Inc. Shareholders Litigation, C.A. No. 7865-VCN, 2012 In Re El Paso Corporation Shareholder Litigation, C.A. No. 6949-CS, 2012 Edgewater Growth Capital Partners, L.P., et al. v. H.I.G. Capital, Inc., et al., C.A. No. 3601-CS, 2012 In Re Hanover Direct, Inc. Consolidated Shareholders Litigation, Consol. C.A. No. 1969-CC, 2009 In Re Loral Space and Communications Inc. Consolidated Litigation, C.A. No. 2808-VCS, 2008 In Re PNB Holding Co. Shareholders Litigation, Consol. C.A. No. 28-N (VCS), 2006 The Union Illinois 1995 Investment Limited Partnership, et al. v. Union Financial Group, Ltd., C.A. No. 19586 (VCS), 2003 Richard A. LeBeau, et al. v. M.G. Bancorporation and Southwest Bancorp, Inc., C.A. No. 13414 (VCJ), 1997 Superior Court Department of the Trial Court Jack T. Johansen et al. v. SLS Invest AB et al., C.A. No. 13-04098-BLS-1, 2021 Superior Court, Chancery Division In Re Pamrapo Bancorp Shareholder Litigation, 2014 Casey and Gagliano, et al. v. Brennan, Amboy Bancorporation, et al., 1999 Circuit Court of Cook County Blackhawks 2010, Inc. (f/k/a The Higher Gear Group, Inc.) v. Jeffrey Wulbert, 2013 In Re Marriage of Izenman/Goldfarb, 2012 Robert E. Reilly, Jr. v. DHR International Inc., et al., 2012 In Re Marriage of Pothast, 2011 Burke v. McNally, et al., 2010 Michael Benson, et al. v. John S. Stafford, Jr., 2009 Katten Muchin Zavis v. Brambles DVS, Inc., Brambles Record Management, Inc., et al., 2005 Shirley Deuitch v. Independence Tube Corporation, et al., 2001 District Court of Stephens County James M. Ferguson, et al. v. J.R. Montgomery Bancorporation, 2013 American Arbitration Association Albany Bank and Trust Company v. David Tessler, et al., 2009 In the Grand Court of the Cayman Islands In Re the Matter of 51Job, Inc. Court of Chancery In Re Handy & Harman, Ltd. Stockholders Litigation, Consol. C.A. No. 2017-0882-TMR, 2019 In Re Schuff International Inc. Stockholders Litigation, Consol. C.A. No. 10323-VCL, 2015-2019 In Re Physicians Formula Holdings, Inc. Shareholder Litigation, Consol. C.A. No. 7794-VCL, 2014-2015 In Re Safeway Inc. Stockholders Litigation, C.A. No. 9445-VCL, 2014 Dorno Investment Partners, LLC v. M & F Worldwide Corp., C.A. No. 7292-CS, 2012 Blackthorn Partners, L.P. v. John C. Malone, et al., C.A. No. 5260-CS, 2012 New Jersey Carpenters Pension Fund v. infoGROUP, Inc., et al., C.A. No. 5334-VCN, 2011-2013 Viamericas Corp. et al. v. MicroVest I, L.P. et al., C.A. No. 6741-VCL, 2011 In Re Massey Energy Co. Derivative and Class Action Litigation, Consol. C.A. No. 5430-VCS, 2011 In Re Novell, Inc. Shareholder Litigation, C.A. No. 6032-VCN, 2011 In Re TD Banknorth Shareholders Consolidated Litigation, C.A. No. 2557-VCL, 2008-2009 SLM Corporation, Inc. v. J.C. Flowers II, L.P., et al., C.A. No. 3279-VCS, 2007 State Supreme Court DC Chemical Co., Ltd. v. Columbian Chemicals (Cayman) Holdings, Ltd., et al., 2009 District Court of Harris County In the Matter of the Marriage of R.E.D. and S.C.D., 2010
Managing Principal
708.383.9050
DClarke@TheGriffingGroup.com
United States District Court
State of California
State of Delaware
Commonwealth of Massachusetts
State of New Jersey
State of Illinois
State of Oklahoma
Other Selected Controversy Matters
Cayman Islands
State of Delaware
State of New York
State of Texas
Studies. October 2022.