Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 1 of 74
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`Exhibit C
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`Evans Declaration
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`Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 2 of 74
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`IN THE UNITED STATES BANKRUPTCY COURT
`FOR THE DISTRICT OF DELAWARE
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`Chapter 11
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`Case No. 20-10343 (LSS)
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`(Jointly Administered)
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`In re:
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`BOY SCOUTS OF AMERICA AND
`DELAWARE BSA, LLC,1
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` Debtors.
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`DECLARATION OF ANDREW R. EVANS IN SUPPORT
`OF THE DEBTORS’ APPLICATION FOR ENTRY OF AN ORDER
`AUTHORIZING THE RETENTION AND EMPLOYMENT OF BATES WHITE, LLC
`AS ABUSE CLAIMS CONSULTANT AND ADVISOR FOR THE DEBTORS
`AND DEBTORS IN POSSESSION, NUNC PRO TUNC TO THE PETITION DATE
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`Andrew R. Evans, being duly sworn, states the following under penalty of perjury (this
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`“Declaration”):
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`1.
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`I am a Partner at Bates White, LLC (“Bates White”), which has a principal place
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`of business at 2001 K Street NW, North Building, Suite 500, Washington, DC 20006. A copy of
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`my curriculum vitae is attached hereto as Exhibit 1. I submit this Declaration on behalf of Bates
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`White in support of the Debtors’ Application for Entry of an Order Authorizing the Retention
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`and Employment of Bates White, LLC as Abuse Claims Consultant for the Debtors and Debtors
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`in Possession, Nunc Pro Tunc to the Petition Date (the “Application”)2, by which the Debtors
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`are seeking retention of Bates White on the terms and conditions set forth in the application and
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`the engagement letter between the Debtors, Sidley Austin, and Bates White attached to the
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`Application as Exhibit B (the “Engagement Letter”).
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`1 The Debtors in these chapter 11 cases, together with the last four digits of each Debtor’s federal tax identification
`number, are as follows: Boy Scouts of America (6300) and Delaware BSA, LLC (4311). The Debtors’ mailing
`address is 1325 West Walnut Hill Lane, Irving, Texas 75038.
`2 Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in the Application.
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`2.
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`Except as otherwise noted, the facts set forth in this Declaration are based upon
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`my personal knowledge, information and belief, or client matter records kept in the ordinary
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`course of business that were reviewed by me or other employees of Bates White under my
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`supervision and direction. If called and sworn as a witness, I could and would testify
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`competently to the facts set forth herein. To the extent that any additional information disclosed
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`herein requires amendment or modification upon Bates White’s receipt of additional information
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`or as additional creditor information becomes available, a supplemental declaration will be
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`submitted to the Court.
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`BATES WHITE’S QUALIFICATIONS
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`3.
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`Bates White is an economic consulting firm that provides, among other things,
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`analytical services focused on the analysis and estimation of mass tort claims. Bates White has
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`considerable experience with, and knowledge regarding, abuse claims and valuation. Bates
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`White’s professionals have extensive experience in providing services regarding the valuation of
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`mass tort claims. Similar engagements for which Bates White has provided services include: In
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`re USA Gymnastics, Case No. 18-09108 (Bankr. S.D. Ind. 2018): In re Bestwall LLC, Case No.
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`17-31795 (Bankr. W.D.N.C. 2017); In re TK Holdings Inc., Case. No. 17-11375 (Bankr. D. Del.
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`2017); In re Garlock Sealing Tech. LLC, Case No. 10-31607 (Bankr. W.D.N.C. June 5, 2010).
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`In addition, I plan to lead this engagement, and am a highly experienced expert.
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`4.
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`As detailed in my curriculum vitae, I have more than sixteen (16) years of
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`experience in providing guidance on mass tort, product liability, asbestos, and other claims in
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`bankruptcy, litigation, and business matters. I am a CFA charter holder and currently the
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`Practice Chair of the Environmental and Product Liability Practice at Bates White, LLC. I have
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`authored expert reports and declarations as part of contract disputes, state insurance proceedings,
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`federal bankruptcy reorganizations, Alternative Dispute Resolutions (ADRs), mediations, and in
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`2
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`Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 4 of 74
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`support of corporate valuations, mergers and acquisitions, and divestitures. Further, I have
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`participated in numerous settlement mediations across different contexts, and have helped to
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`facilitate settlements in coverage disputes related to asbestos, environmental losses, and other
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`toxic tort litigation that involved the retirement of several billion dollars in total available
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`coverage limits. Included among the matters in which I have provided mass tort claims expert-
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`related testimony or related services are the bankruptcy cases of: In re USA Gymnastics, Case
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`No. 18-09108 (Bankr. S.D. Ind. 2018); In re The Fairbanks Co., Case No. 18-41768 (Bankr.
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`N.D. Ga. July 31, 2018); In re TK Holdings Inc., Case. No. 17-11375 (Bankr. D. Del. 2017); In
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`re Blitz USA Inc., Case No. 11-13603 (Bankr. D. Del. 2013).
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`5.
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`In addition, Bates White has worked with the Debtors prior to this filing and has
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`acquired extensive knowledge regarding the Debtors’ and the abuse claims asserted against
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`them. Accordingly, I believe Bates White is well qualified to perform all of the services
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`contemplated by the Engagement Letter, and to represent the Debtors’ interests in these chapter
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`11 cases in an expert and efficient manner.
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`SCOPE OF SERVICES
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`6.
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`Subject to further order of the Court, Bates White may render economic
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`consulting, claims valuation, and related services to the Debtors as needed in connection with
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`abuse claims asserted against the Debtors and related potential costs and liabilities. These
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`services may include, but are not limited to:
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`(a)
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`(b)
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`(c)
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`performing due diligence and analysis regarding the Debtors’ present and future
`abuse claims liability;
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`estimating the number and value of, and producing analysis with respect to,
`present and future abuse claims against the Debtors;
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`working with the Debtors and assisting the Debtors’ restructuring counsel in the
`development of proof of claim forms for abuse victims;
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`(d)
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`(e)
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`advising the Debtors and assisting the Debtors’ restructuring counsel with respect
`to the negotiation and formulation of a compensation trust, including but not
`limited to formulation of trust funding mechanism and trust distribution
`procedures and related trust documents related to a chapter 11 plan of
`reorganization;
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`rendering expert testimony and reports related to the foregoing and assisting the
`Debtors in preparing and evaluating reports as required by the Debtors and as
`necessary in these chapter 11 cases; and
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`(a)
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`such other advisory and consulting services as may be requested by the Debtors.
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`NO DUPLICATION OF SERVICES
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`7.
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`Bates White understands that the Debtors are also seeking to retain various other
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`restructuring professionals and will work cooperatively with such professionals to integrate any
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`respective work conducted by the professionals on behalf of the Debtors. The services to be
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`rendered by Bates White will complement, rather than duplicate, the services to be rendered by
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`any other professional retained in these chapter 11 cases.
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`PROFESSIONAL COMPENSATION
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`8.
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`Subject to the Court’s approval and in accordance with the applicable provisions
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`of the Bankruptcy Code, the Bankruptcy Rules, applicable U.S. Trustee guidelines, the Local
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`Rules of this Court, and any other applicable procedures and orders of this Court, Bates White
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`will seek from the Debtors payment for compensation on an hourly basis and reimbursement of
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`actual and necessary expenses incurred by Bates White. Bates White’s current standard hourly
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`rates for 2020, subject to annual adjustment, range from $195–$1,400 per hour.
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`9.
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`Bates White also intends to seek reimbursement for its reasonable out-of-pocket
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`expenses, including, without limitation, travel, electronic invoicing charges from third party
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`vendors, and other case-specific charges. Bates White will bill all fees and expenses in
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`accordance with any orders entered by this Court with respect to interim compensation and the
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`relevant sections of the Bankruptcy Code, the Bankruptcy Rules, and the Local Rules.
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`10.
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`Bates White’s fee and expense structure described above and set forth in the
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`Engagement Letter is comparable to compensation generally charged by mass tort claims
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`advisors of similar stature to Bates White for comparable engagements, both in and out of
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`bankruptcy. Furthermore, the proposed compensation structure is also consistent with Bates
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`White’s normal and customary billing practices for cases of comparable size and complexity that
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`require the level and scope of services to be provided in these chapter 11 cases.
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`11.
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`During the 90-day period preceding the Petition Date, Bates White received
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`payments and retainers of $125,000 on February 7, 2020, and Bates White held this amount as of
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`the Petition Date. Of this amount, Bates White seeks to apply $75,000 in respect of its fixed fee
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`invoice for completed Phase I services described in the Engagement Letter. After applying this
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`amount and certain fees and expenses earned and incurred but not paid prior to the Petition Date
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`to the retainer, the balance of the retainer is expected to be approximately $38,000. The
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`remainder of the retainer held by Bates White will be allocated to Bates White’s postpetition fees
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`and expenses, after such postpetition fees and expenses are allowed by the Court, including
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`pursuant to any interim compensation procedures approved by the Court.
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`12.
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`Bates White intends to apply for compensation for professional services rendered
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`and reimbursement of expenses incurred in connection with the Debtors’ chapter 11 cases in
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`compliance with sections 330 and 331 of the Bankruptcy Code and the applicable provisions of
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`the Bankruptcy Rules, the Local Rules, and any other applicable procedures and orders of the
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`Court.
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`BATES WHITE’S DISINTERESTEDNESS
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`13.
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`In connection with its proposed retention by the Debtors in these chapter 11 cases,
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`Bates White undertook a lengthy review to determine whether it had any connections or other
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`relationships that might cause it not to be disinterested or to hold or represent an interest adverse
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`to the Debtors. Specifically, Bates White obtained from the Debtors and/or their representatives
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`the names of individuals and entities that may be parties in interest in these chapter 11 cases (the
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`“Potential Parties in Interest”). Such parties are listed on Schedule 1 attached hereto. To the
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`extent that information was available, we undertook a detailed, good faith search to determine
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`and to disclose, as set forth herein, whether we have provided or currently provide consulting
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`services to any significant creditors, insiders or other parties-in-interest identified by such list in
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`any substantively related matters.3
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`14.
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`Based on that review, Bates White represents that, to the best of its knowledge,
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`Bates White knows of no fact or situation that would represent a conflict of interest for Bates
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`White with regard to the Debtors.
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`15.
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`To the best of my knowledge and belief, Bates White has provided, or is currently
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`providing, consulting services to certain creditors of the Debtor or other parties-in-interest in
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`matters unrelated to the Debtor or the chapter 11 cases, as described on Schedule 2 to this
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`Declaration.
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`16.
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`To the best of my knowledge, upon reasonable inquiry, neither I, nor any
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`professional of the Bates White team that is providing services to the Debtors is a creditor of the
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`Debtors or an active volunteer with the Debtors.
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`17.
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`Accordingly, to the best of my knowledge and except as may be set forth herein,
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`upon information and belief, Bates White:
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`3 In preparing this Declaration, our staff, under my direction and control, searched our database containing the
`names and matter descriptions of current and previous engagements handled by our firm. To the extent the
`information is available, the search request identified parties to whom Bates White has provided or currently
`provides services that also are Potential Parties in Interest, which included significant creditors of the Debtors,
`significant professional advisors to the Debtors, and other Potential Parties in Interest in these chapter 11 cases.
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`(a)
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`(b)
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`(c)
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`is not a creditor of the Debtors (including by reason of unpaid fees for
`prepetition services), or an “insider” of the Debtors, as that term is
`defined in section 101(31) of the Bankruptcy Code;
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`is not, and has not been, within 2 years before the date of the filing of the
`petition, a director, officer, or employee of the Debtors; and
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`does not have an interest materially adverse to the interests of the Debtors’
`estates, or of any class of creditors or equity security holders, by reason of
`any direct or indirect relationship to, connection with, or interest in, the
`Debtors, or for any other reason.
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`18.
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`Based upon the information available to me, for the reasons set forth in this
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`Declaration, I believe that Bates White is a “disinterested person” as that term is defined in
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`section 104(14) of the Bankruptcy Code, as modified by section 1107(b) of the Bankruptcy
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`Code.
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`19.
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`No promises have been received by Bates White or by any partner, director or
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`associates thereof, as to compensation in connection with these cases other than in accordance
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`with the provisions of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules and the U.S.
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`Trustee Guidelines.
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`20.
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`Payments will be made only from the Debtors. There is no agreement between
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`Bates White and any other entity for the sharing of compensation received or to be received in
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`connection with these cases, except insofar as such compensation may be shared among the
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`partners of Bates White.
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`21.
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`If any new material relevant facts or relationships are discovered or arise that
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`require disclosure, Bates White will promptly file a supplemental declaration with the Court as
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`required by Bankruptcy Rule 2014. Bates White reserves the right to supplement this
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`Declaration in the event that Bates White discovers any facts bearing on matters described in this
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`Declaration regarding Bates White’s employment by the Debtors.
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`[Remainder of Page Intentionally Left Blank]
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`I declare under penalty of perjury that, after reasonable inquiry, the foregoing is true and
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`correct to the best of my knowledge, information and belief.
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`Dated: March 17, 2020
`Washington, DC
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`/s/ Andrew R. Evans
`Andrew R. Evans
`Partner
`BATES WHITE, LLC
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`Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 10 of 74
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`Exhibit 1
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`Curriculum Vitae
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`Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 11 of 74
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`ANDREW R. EVANS, CFA
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`Partner
`Areas of Expertise
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` Contingency valuation
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`
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`Insurance allocation
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` Financial forecasting
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` Liability valuation and hedging
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` Reorganizations
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` Economic analysis
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`SUMMARY OF EXPERIENCE
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`2001 K Street NW North Building, Suite 500
`Washington, DC 20006
`Main 202. 208. 6110
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`
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`Andrew R. Evans is a CFA charter holder and a recognized expert on legacy liability valuation, financial risk
`assessment, and insurance allocation. He has more than 16 years of experience providing advice and expert
`analysis on issues involving mass torts, (re)insurance coverage, alternative risk transactions, mergers and
`acquisitions, and financial valuation matters related to distressed operations and restructurings. Mr. Evans is
`currently the Practice Chair of the Environmental and Product Liability Practice at Bates White, LLC.
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`Mr. Evans has authored expert reports and declarations as part of contract disputes, state insurance proceedings,
`federal bankruptcy reorganizations, Alternative Dispute Resolutions (ADRs), mediations, and in support of
`corporate valuations, mergers and acquisitions, and divestitures. He has facilitated settlements in coverage
`disputes related to asbestos, environmental losses, and other toxic tort litigation that involved the retirement of
`several billion dollars in total available coverage limits. Mr. Evans also advises insurers, investors, and corporate
`strategists in litigation funding, and has particular expertise in risk management through the use of “ring-fencing”
`and hedging structures.
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`EDUCATION
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` Chartered Financial Analyst (CFA) charter holder
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` AB, Woodrow Wilson School of Public Policy and Foreign Affairs, Princeton University
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` Co-recipient of the R.W. van de Velde Prize for outstanding policy work
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` Worked with the US Department of State as a Political Military Junior Officer and assisted with
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`negotiations involving nuclear weapons reductions and crisis intervention for the Kosovo Peace Plan
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` Chief Administrator for a campus advertising business
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`SELECTED EXPERIENCE
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` Authored letter regarding the range of potential valuations associated with a Fortune 500 company’s
`asbestos-related reserves. 2020–present.
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`ANDREW R. EVANS, CFA
`Page 2 of 6
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` Retained as consulting expert and participated in pre-bankruptcy mediation related to the valuation of losses
`stemming from sexual abuse claims: 2019-2020
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` Retained as consulting expert by an insurance company and participated in court ordered mediation in the
`matter of In re: USA Gymnastics No. 18-09108-RLM-11 (United States Bankruptcy Court for the Southern
`District of Indiana Indianapolis Division): 2019-present.
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` Authored expert report and declarations, and provided deposition and trial testimony, regarding the sufficiency
`of document and settlement data productions for asbestos-related claims in the matter of Keyes Law Firm,
`LLC v. Napoli Bern Ripka Shkolnik, LLP et al., No.: 1:17-cv-02972 (United States District Court for the District
`of Maryland, Northern Division): 2019-2020.
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` Authored presentation for investor group and provided model of potential losses related to bodily injury claims
`alleged related to agricultural pollutant: 2019
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` Retained as allocation consultant and advised an insurer on settlement mediation in Wellington coverage
`dispute: 2019.
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` Authored expert report and provided deposition testimony regarding projected future asbestos-related losses
`and the portion potentially subject to reimbursement under an indemnity agreement In re Midwest Generation,
`LLC, et al., No. 12-49218 (United States Bankruptcy Court Northern District of Illinois (Chicago): 2018-2019.
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` Authored report on the value of insurance potentially available to offset future asbestos-related expenditures
`for corporate entity assessing strategic alternatives: 2018.
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` Authored legacy liability valuation report for a regional supply company to a firm considering a potential
`strategic acquisition: 2018.
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` Retained to provide contingent liability valuation on behalf of insurance company evaluating strategic
`alternatives: 2018.
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` Submitted declaration as custodian of records for asbestos-related insurance coverage dispute: 2018.
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` Retained as part of consulting team advising, and participated in settlement mediations on behalf of, a group
`of automobile manufacturers regarding the scope of potential future personal injury and wrongful death claims
`related to allegedly defective airbags in the matter of In re: TK Holdings Inc., et al., No. 17-11375 (BLS)
`(United States Bankruptcy Court for the District of Delaware) and related proceedings: 2017–2018.
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` Retained by insurer and authored settlement report analyzing outcomes related to potential policy exposure
`associated with allegedly faulty medical implants as part of a coverage mediation: 2017-2018.
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` Advised parties on a possible corporate transaction involving potentially significant asbestos-related liabilities:
`2017–2018.
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` Retained by insurer to analyze probable policy exposure associated with future asbestos claims in the tort
`system and under a potential 524(g) bankruptcy trust and participated in related mediation and settlement
`discussions in In re: The Fairbanks Company, No. 18-41768 (United States District Court for the Northern
`District of Georgia): 2017–present.
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` Led consulting team through arbitration hearing for an asbestos-related reinsurance dispute involving a nearly
`$50 million claim: 2017.
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` Retained as consulting expert and advised Fortune 500 companies assessing strategic alternatives for
`addressing their asbestos-related expenditures: 2016-Present.
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`ANDREW R. EVANS, CFA
`Page 3 of 6
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` Authored expert reports and provided deposition testimony addressing inconsistent treatment of conceptually
`related insurance allocation issues as part of a dispute regarding MTBE ground water pollution: 2015-2017.
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` Co-authored expert report addressing the legacy asbestos liability and related insurance offsets for a set of
`industrial companies as part of a corporate acquisition: 2016.
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` Provided legacy liability valuation for a national construction materials company, including related potential
`insurance offsets, to a strategic buyer considering a potential acquisition: 2016.
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` Retained as sampling and insurance allocation expert for a multi-million-dollar insurance claim related to
`asbestos: 2016.
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` Authored expert reports and provided deposition testimony addressing the allocation of a multi-million-dollar
`insurance claim related to an agricultural ground water pollutant: 2015–2017.
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` Provided legacy liability valuation of a regional construction company, including related potential insurance
`offsets, to a private equity firm considering a potential acquisition: 2015.
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` Coauthored letters supporting the approximately $700m international legacy asbestos liability and related
`insurance valuations for the newly combined AMEC Foster Wheeler across different accounting frameworks,
`namely US GAAP and IFRS, as of their 2014 acquisition dates, and defended the analysis through a multi-
`firm audit; providing ongoing periodic analytical updates and reports: 2014–present.
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` Served as consulting expert to a pair of reinsurers in arbitration regarding allocation issues related to multi-
`million-dollar asbestos cessation: 2014–2016.
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` Provided settlement support and served as consulting expert on behalf of five-member insurance joint
`defense group in a case taken through jury trial related to primary policy exhaustion and alternative available
`coverage lines under a variety of potential choice of law and occurrence rulings: 2013–present.
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` Led analytical team and served as consulting expert for insurer involved in a coverage dispute with a large
`asbestos defendant: 2014–2016.
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` Provided legacy liability valuation report of an energy sector services company to a private equity firm
`considering a potential acquisition: 2014.
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` Led team and served as consulting expert on analysis of the potential impact of alternative occupancy rates
`and leverage ratios on the value of a large assisted living property over time: 2014.
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` Led separate settlement support analytical team that worked on simplified valuation framework that leveraged
`existing valuations tools, and accounted for various shortcomings within those tools, to value dozens of large
`RMBS securitizations: 2014.
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` Provided legacy liability valuation report that parsed liability for a large-scale energy generator across specific
`facilities and over time: 2014.
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` Co-authored expert report, provided deposition testimony, and testified regarding the sufficiency of the
`proposed aggregate product liability claim settlement on behalf of the settling insurers in In re Blitz USA Inc.,
`No. 1:11-bk-13603 (United States Bankruptcy Court for the District of Delaware): 2013–2014.
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` Provided consulting expertise in support of Dr. Charles E. Bates’ liability estimation, and led team working on
`Dr. Karl N. Snow’s financial valuation work on behalf of the Debtors in In re Garlock Sealing Technologies,
`LLC, No. 10-BK-31607 (United States Bankruptcy Court for the Western District of North Carolina): 2010–
`present.
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`ANDREW R. EVANS, CFA
`Page 4 of 6
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` Authored declaration and served as lead consulting expert on behalf of the Debtors in In re Specialty
`Products Holding Corp., et al., No. 10-11780 (JKF) (United States Bankruptcy Court for the District of
`Delaware): 2010–present.
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` Presented to the board of a Fortune 500 company regarding the potential economic risks associated with the
`assumption of legacy liabilities tied to US manufacturing firms: 2014.
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` Retained as the allocation and valuation expert for an excess insurer involved in Wellington ADR proceedings
`related to an asbestos products manufacturer joint defense group: 2013–2014.
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` Co-authored asbestos due diligence report for a corporate client evaluating restructuring opportunities: 2013.
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` Advised numerous clients contemplating acquisitions that involve companies with potential legacy liability
`issues. Work involved assessing potential future tort expenditures and associated risk drivers, as well as
`evaluating insurance assets that may provide offsetting coverage: 2005–present.
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` Authored expert report and served as the allocation expert for an insurance company dealing with
`remediation costs across multiple environmental sites that could be subject to numerous potential legal
`rulings and estimated future loss scenarios: 2012–2013.
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` Advised insurers in reinsurance ADR proceedings on issues related to asbestos products’ usage that could
`impact performance of reinsurance treaties: 2011–2013.
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` Provided due diligence evaluation and report for a client engaged in a bidding war for an acquisition target
`with potential long-tail liability risks: 2012.
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` Provided consulting and settlement support to an excess insurer in asbestos-related Wellington ADR
`proceedings for an insulation contracting and sales company: 2011–2012.
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` Advised an insurer in litigation on issues related to the availability of various types of asbestos insurance
`products: 2011.
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` Assisted a Fortune 500 company with the acquisition of after-the-fact insurance, similar to a liability portfolio
`transfer, covering the financial risk arising from thousands of asbestos claims: 2010–2011.
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` Provided consulting support and analysis for multiple insurance companies in In re Leslie Controls, Inc., No.
`10-12199 (CSS) (United States Bankruptcy Court for the District of Delaware): 2010–2011.
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` Provided tort defendants with information required for them to file contribution claims with various 524(g)
`trusts: 2010–2011.
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` Provided a report to a large reinsurance group about issues impacting asbestos claiming trends and
`insurance recoveries: 2010.
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` Evaluated potential damages and investment returns for several third-party litigation funders on numerous
`cases dealing with issues including: mass environmental loss, qui tam tax claims, fraudulent conveyance,
`international contract arbitration, price-fixing, patents, and mortgage-backed securities and other CDOs:
`2009–2011.
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` Supported experts assessing the value of pending and future asbestos-related personal-injury claims on
`behalf of the Official Committee of Unsecured Creditors in In re Motors Liquidation Company, et al. f/k/a
`General Motors Corp., et al., No. 09-50026 (REG) (United States Bankruptcy Court for the Southern District of
`New York): 2010–2011.
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` Provided extensive claiming population analysis for a defendant corporation facing a mass of black lung
`claims: 2010.
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`Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 15 of 74
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`ANDREW R. EVANS, CFA
`Page 5 of 6
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` Developed an alternative risk transfer product to help companies minimize overhang costs associated with
`asbestos and other legacy liabilities. Shaped customized transactions for several clients that would have
`involved nine- and ten-figure loss transfers: 2007–2009.
`
` Advised a joint defense group of more than a dozen insurers throughout their litigation and settlement
`negotiations in the matter Foster Wheeler L.L.C. v. Affiliated FM Insurance Co., Index No. 600777/01 (N.Y.S.,
`New York City): 2006–2010.
`
` Provided supporting analysis on the economic viability of the Trust Fund proposed under S.852, the Fairness
`in Asbestos Injury Resolution (FAIR) Act of 2005, which highlights how compensation criteria specified for the
`proposed Fund would change the number and composition of claims relative to the current tort environment:
`2005.
`
` Coauthored a report on company-specific asbestos litigation risk in support of a successful corporate
`divestiture: 2005–2006.
`
` Managed the litigation support team responsible for addressing the fraction of expenditures associated with a
`company’s asbestos installation operations on behalf of defendants in Owens Corning v. Birmingham Fire
`Insurance Company of Pennsylvania, No. C10200104929 (Ohio Court of Common Pleas, Lucas County).
`Assessed data quality, reviewed the opposing expert’s analytical methods, and developed an independent
`method for predicting “non-products” liability: 2003–2005.
`
` Managed the litigation support team that addressed the fraction of expenditures associated with a company’s
`asbestos installation operations on behalf of Liberty Mutual Insurance Company in Armstrong World
`Industries Inc. v. Liberty Mutual Insurance Co., No. 02 cv 4360 (Eastern District of Pennsylvania). Assessed
`data quality, reviewed the opposing expert’s analytical methods, and developed an independent method for
`predicting “non-products” liability in insurance policies: 2003–2009.
` Developed plaintiff law firm-specific future asbestos liability forecasts for a multimillion-dollar London Market
`insurance policy buy-back negotiation: 2004–2005.
`
` Assisted in the development of cross-project asbestos site identification procedures, tools, and applications:
`2003–2005.
`
` Assisted in the development of future claim value projection techniques to analyze the effects of bankruptcies
`on claim values in joint and several tort environments: 2003–2005.
`
` Assisted in the development of a new proprietary insurance allocation application: 2003–2006.
`
` Conducted exposure analyses and predicted future claims involving asbestos manufacturers and contractors
`in bankruptcy and insurance coverage disputes: 2003–2005.
`
` Played a key role in the development of new methodologies for disaggregating and identifying the drivers of
`legacy liability losses used to determine the impact of punitive damage awards as well as the portion of
`settlements driven by liability, as opposed to other considerations.
`
`PROFESSIONAL EXPERIENCE
`
` Bates White Economic Consulting
`
` Partner, 2019–present
`
` Principal, 2009–2018
`
` Manager, 2003–2008
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`Case 20-10343-LSS Doc 207-4 Filed 03/17/20 Page 16 of 74
`
`ANDREW R. EVANS, CFA
`Page 6 of 6
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` Critical member of the team that developed the first generation of Bates White proprietary insurance
`allocation software.
`
` Principal and founding member, Litigation Resolution Group LLC, 2007–2009
`
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`Litigation Resolution Group (LRG) was a third-party litigation funder originally founded to provide
`economic finality to companies facing substantial asbestos and other long-tailed tort claims. LRG was the
`first company that worked to serve the US market with a focus on assuming defense-side litigation risks.
`Worked with senior hedge fund managers, insurance and reinsurance executives, lawyers, and corporate
`executives to help them understand the value of their litigation derivative assets and liabilities.
`
`PRESENTATIONS AND PANELS
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`“Cutting Edge Trends and Developments in Allocation Issues,” Panel presentation at Perrin Confer