P. Gregg Curry is a Senior Managing Director at Ankura, based in Phoenix. He has extensive experience consulting with businesses on a variety of matters, including the analysis of economic damages in commercial litigation matters related to lost profits, antitrust violations, dealer terminations, accounting malpractices, fraud investigations, securities violations, wrongful deaths, personal injuries, and other business disputes. Gregg has consulted with businesses in many different industries and has been qualified and testified as an expert witness over the past 30 years. In addition, he has been appointed by judges to serve as a special master and receiver on numerous occasions, and has served as bankruptcy trustee and examiner in Chapter 7 and Chapter 11 matters.
Gregg’s professional experience includes:
- Chapter 11 Trustee: Appointed as the trustee for a fast food franchisee with 154 operating locations across seven states. Gregg worked closely with current management, the franchisor, and the business’ 3000 employees to maintain the food service operations until he could find a suitor for the franchisee’s assets. His tasks included negotiating with over 80 landlords, dozens of local taxing authorities, including the Internal Revenue Service, vendors and utilities, and the franchisee’s secured lender. Gregg pushed through a sale confirmed by the Bankruptcy court within 135 days of his appointment.
- Agriculture Damages: Retained by a foreign produce grower related to its claim against a major US produce distributor for failure to adequately market and sell the grower’s produce. Gregg developed a detailed damage model that accounted for distributor’s shipments during the growing season and computed the grower’s loss by deriving a “but for price”, per product, per day, based on USDA surveyed prices and actual prices received.
- Tax Fraud Forensic Accounting Investigation: Retained to assess a whistleblower’s allegation against a taxpayer that caused a tax fraud investigation. Gregg’s services required a reconstruction of the taxpayer’s accounting for inventory, that had been estimated for years by the taxpayer, without significant documentary support. His forensic work resulted in a complete withdrawal by the government’s investigator.
- Chapter 11 Examiner: Appointed examiner to investigate potential fraudulent transfers and preferences between the debtor and related parties. Gregg conducted the investigation and prepared a lengthy report to the Court concluding that the was a reasonable basis to assert claims against the debtor and the transferee parties. Judge Curley then expanded Gregg’s powers to prosecute the claims. He negotiated a settlement with the target parties after filing a 132-page complaint, that brought back a significant amount to the estate.
- Class Action Damages: Retained by a major telecommunications company in defense of an off-the-clock class action matter. These claims included state law claims related to multiple states where the defendant had call centers and FLSA claims. Gregg’s work involved assessing and rebutting plaintiffs’ asserted damages, based on the company’s payroll records and job code assignments.
- Securities Litigation: Retained by the surviving estate of an individual that had a trust with the trust department at a national financial institution. Plaintiff alleged that defendant improperly invested plaintiff’s trust account into high risk, unsuitable investments. Gregg’s work included the computation of damages to plaintiff using various methods of evaluation of the trust’s portfolio.
- Medical Practice Windup: Appointed as special master in a partnership/corporation dissolution involving a medical practice. Gregg’s duties included winding up the financial affairs of the medical practice and assisting the partners with the day-to-day issues. He determined the timing of when the partners needed to separate approved and paid disbursements, collected receivables, and oversaw the division of property.
- Residential Homebuilding Damages: Retained by a major home builder with a former employee that had sold his business to the home builder. Gregg’s work included estimating damages, including those related to breach of contract, breach of fiduciary duty, Lanham Act violations, and fraud. Case proceeded to trial in United States Federal Court and the jury found in favor of the home builder and awarded all damages sought.
- Professional Sports Antitrust Litigation: Retained by the Professional Golfers’ Association Tour in an antitrust litigation brought by a club manufacturer for various alleged anti-competitive violations. Gregg’s work focused on plaintiff’s $300 million claim for lost profits, including an assessment of the relationship between clubs played by professionals and amateurs.
- Utility Cost Prudence Review: Assisted counsel for a major southwestern electric utility in analyzing the reasons for cost increases at its nuclear power plant in support of the utility’s’ application for rate relief with the State Utility Commission.