Background:
Mr. Warshavsky is President of Arbitration & Mediation, LLC, a company devoted to alternative dispute resolution matters. He specializes in large, complex commercial cases.
For more than thirty-five years, Mr. Warshavsky has been involved in the field of financial litigation, as an expert witness and arbitrator or mediator regarding claims made on behalf of companies in various industries throughout the United States. Retained in over eight hundred commercial assignments, he has provided expert opinions for federal and state courts, arbitration and mediation proceedings, and government matters in the capacity of either an arbitrator, independent neutral expert (agreed upon by the parties or court-appointed), and financial forensic accountant or business valuation expert (engaged by a party to testify as an expert witness or to act as a consultant to the matter).
He is currently a member of the American Arbitration Association's (AAA) national roster of large complex case panel. These AAA arbitrators are recognized leaders with advanced skills in dispute management techniques, as well as specific industry expertise, so they are uniquely qualified to handle any type of large complex case.
Mr. Warshavsky was an Executive Partner at Gettry Marcus CPA, P.C., one of the largest accounting and advisory firms in the New York metropolitan area, and was Chair of the Consulting Group that included a team of litigation professionals with certifications in business valuation and forensic accounting. He maintains multiple credentials in the fields of business valuation and forensic accounting and is a licensed private investigator in the states of New York and Florida.
Mr. Warshavsky is a nationally recognized speaker and has lectured to a variety of professional groups, including several state CPA societies, the American Institute of CPAs, the New York State and New York City Bar Associations, among other organizations within the legal community, as well as other professional organizations on topics related to business valuation, forensic accounting, and financial litigation services. In addition, he was a lead instructor for the National Association of Certified Valuators and Analysts (NACVA) and lectured for its Consultants Training Institute. He was presented with the Instructor of Exceptional Distinction Award by NACVA for several years, which is based upon participants' evaluation of the instructor’s performance.
Mr. Warshavsky was a founding member of NACVA's Forensic Accounting Academy, and was a contributing author in developing course materials in the areas of business valuation and forensic accounting for its accreditation curriculums. He served on the NACVA Exam and Grading Committee, critiquing business valuation reports of candidates applying for the Certified Valuation Analyst designation.
Mr. Warshavsky is retained by law firms, businesses, financial institutions, insurance companies, receivers, trustees, and individuals to provide services in diverse areas of business valuation and forensic accounting, including complex litigation assignments. He serves as an expert witness and consultant in both federal and state courts, as well as in arbitration cases. Mr. Warshavsky has also been selected as a court appointed neutral expert and arbitrator and was approved to accept appointments as an accountant and business appraiser in several counties of New York State pursuant to Part 36 of the Rules of the NYS Chief Judge.
His engagements have included cases involving lost profits and commercial damage modeling, shareholder and partnership disputes, contract litigation, post-acquisition disputes, fraud investigations, business bankruptcies, estate litigation, and gift & estate tax filings, marital dissolutions, among others.
Mr. Warshavsky was a featured guest on WNYW-TV Fox 5's Good Day New York discussing "Tips on Uncovering Hidden Assets During a Divorce." He is an active member of several professional organizations within his discipline, including serving as a past chairman of the Business Valuation Committee for the New York State Society of CPAs, which encompassed all sixty-two state counties. He also served on the editorial advisory board of several national journals, where he peer-reviewed articles submitted for publication in the areas of business valuation, forensic accounting, litigation support and expert witness services. He was a contributing author of the book Financial Forensics Body of Knowledge, published by Wiley in 2012.
Mr. Warshavsky was the 2017 recipient of the Thomas R. Porter Lifetime Achievement Award, presented annually by the National Association of Certified Valuators and Analysts (NACVA), an organization with over 7,000 members. This award is presented to one member each year who demonstrates exemplary character and leadership in their profession and community. Mr. Warshavsky was awarded The CPA Journal's 2013 Max Block Award for outstanding article, in the category of Informed Comment, for his article "The Role of the Forensic Accountant in Litigation Cases," published in the journal's June 2013 issue.
Alternative Dispute Resolution & Related Experience — Examples of Selected Appointments:
Sole Emergency Arbitrator for a conflict-of-interest dispute regarding a shareholder's lawsuit asserting direct and derivative claims
Sole arbitrator in a post-closing acquisition dispute involving the sale of a design and branding company
Sole mediator in the dissolution of a plumbing company based upon a shareholder dispute
Sole arbitrator in contract dispute between a professional service provider and its business client
Member of an arbitration tribunal involving a contract dispute between a healthcare provider and a professional service company
Member of an arbitration tribunal in a post-acquisition dispute between two healthcare providers
Member of an arbitration tribunal concerning a shareholder dispute involving a continental guest services company
Member of an arbitration tribunal regarding a lost profits damages claim by an exclusive licensee against a satellite television provider
Member of an arbitration tribunal involving a breach of contract claim by a real estate developer against a professional services company
Financial expert retained by the Claimant to calculate its damages suffered in an international arbitration regarding the right of first refusal to purchase a Swiss watch manufacturer
Financial expert retained by the Claimant, a company that provided prescription drug discount cards, concerning financial damage claims, including lost profits relating to breach of contract by the Respondent for the untimely transferring of the Claimant's computerized data after contract was cancelled
Financial expert retained by the Respondent, a well-known international licensor of exercise equipment and apparel, with regard to allegations by an independent sales representative for breach of contract for failure to pay commissions based on a designated formula
Financial expert retained by the Respondent, a large diagnostic radiology medical practice, involving a breach of contract dispute
Court-appointed independent financial expert for a Referee on the dissolution of a large, well-known personal injury law firm
Court-appointed independent neutral financial expert retained to analyze the reports submitted by experts for both parties in a shareholder dispute for a company that provides wholesale distribution of copiers and printers
Appointed as an agreed upon independent neutral financial expert by both parties in a shareholder dispute regarding a large outdoor flea market
Alternative Dispute Resolution Training:
ACE 22 — Process Essentials for AAA Arbitrators; Saving Substantial Cost in Complex Commercial Cases; The Preliminary Hearing, 2022; ACE21 - Impartiality: Do You Know Where Your Biases Are?; ACE20 - Cyber Security: A Shared Responsibility, 2020; Drafting Arbitration Clauses — The Basics and Beyond, 2020; ACE19 - Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor Meeting Participant Expectations, 2018; Arbitration Fundamentals and Best Practices for New AAA Arbitrators, American Arbitration Association, 2017; Arbitration Award - Safeguarding, Deciding & Writing Awards; ACEOI, American Arbitration Association, 2017; Motion Practice Under AAA Rules: What You Need to Know, 2017.
Professional Licenses:
Certified Public Accountant (CPA)
Accredited in Business Valuation (ABV)
Accredited Senior Appraiser (ASA)
Certified Fraud Examiner (CFE)
Certified Business Appraiser (CBA)
Certified Valuation Analyst (CVA)
Certified in Financial Forensics (CFF)
Diplomat of the American Board of Forensic Accounting (DABFA)
Master Analyst in Financial Forensics (MAFF)
New York State and Florida Private Investigator
Professional Associations:
American Arbitration Association (AAA)
American Bar Association (ABA);Associate Member, Section of Dispute Resolution
American Bar Association (ABA); Associate Member, Section of Litigation
New York City Bar Association — former associate member of the Arbitration Committee
National Association of Certified Valuators and Analysts (NACVA)
New York State Society of Certified Public Accountants (NYSSCPA)
American Institute of Certified Public Accountants (AICPA)
American Society of Appraisers (ASA)
Association of Certified Fraud Examiners (ACFE)
American College of Forensic Examiners (ACFEI)
Associated Licensed Detectives of New York State (ALDONYS)
Florida Association of Licensed Investigators (FALI)
Society of Professional Investigators (SPI)
World Association of Detectives (WAD)
Education:
St. John's University - Master in Business Administration, Taxation-1981.
Long Island University, C.W. Post Campus - Master in Business Administration, Finance-1974.
University of Bridgeport - Bachelor of Science, Accounting-1972.
Awards & Honors:
Recipient of the 2017 "Thomas R. Porter Lifetime Achievement Award" sponsored by the National Association of Certified Valuators and Analysts, an organization with over 7,000 members. This award is presented annually to one individual who has demonstrated exemplary character, leadership and professional achievements in the industry
Appointed as the Chairman of the New York State Society of CPAs' Business Valuation Committee that encompassed all sixty-two state counties
Recipient of The CPA Joumal's 2013 "Max Block Award" for the outstanding article in the category of Informed Comment
Recipient of NACVA's "Award of Excellence, " Instructor of Exceptional Distinction/Great Distinction for each year of instruction - 2005 to 2011. This award was based upon the course participants' grading of the instructor's performance
Named "Who's Who in Forensic Accounting," 2004, 2007, 2010, 2014, 2015, 2016, and 2017, by Long Island Business News, Long Island, New York
Annual Honoree, 16th Annual Corporate Golf Classic, 2004