Investments and Fiduciary Duty Expert Witness William E. Fender, CPA, J.D., MBA, AIFA®



William (Bill) Fender
4643 South Ulster Street, Suite 1040
Denver, CO 80237
303-694-1900, ext. 303

Expert Witness Services

(Updated 12/31/2018)

Expert Witness Focus

  • Fiduciary duties and responsibilities associated with the management of investment portfolios in trusts and estates, retirement plans, individual investor portfolios and foundations
  • Experience includes expert reports, damage calculations and testimony with respect to trustees of private trusts (including bank trust departments), beneficiaries of private trusts, retirement plan participants, retirement plan fiduciaries, investment advisers and individual investors (see Expert Witness Experience Summarized By Retaining Party below)

Current Employment

  • Principal and Senior Investment Consultant with Innovest Portfolio Solutions LLC, an SEC registered investment adviser firm that provides investment consulting services on a fee-only basis to over $20 billion of individual, retirement plan and foundation investment portfolios pursuant to the Investment Advisers Act of 1940 (1996 to present) (see Comprehensive CV below)

Professional Certifications and Credentials

Investment Experience

Expert Witness Experience – Summary

  • 62 engagements including 51 lawsuits and 11 arbitrations
  • 30 testimonies including 17 depositions, 5 trials and 8 arbitrations
  • 39 expert reports and 17 damage calculations

Expert Witness Experience Summarized By Retaining Party

  • Trust beneficiaries (16 cases)
  • Trustees of private trusts (3 cases)
  • Trust beneficiaries - bank trusteed trusts (5 cases)
  • Bank trust departments (4 cases)
  • ERISA plans (11 cases)
  • ERISA plan fiduciaries (3 cases)
  • ERISA plan participants (2 cases)
  • Individual investors (11 cases)
  • Investment advisers (3 cases)
  • City pension plans (2 cases)
  • Foundation trustees (1 case)
  • University (1 case)

Professional Affiliations


  • Juris Doctor, George Washington University Law School, With Honors, 1976
  • Master of Business Administration, University of Dayton, 1974
  • B.A. in Accounting, Ohio University, Cum Laude, Honors College, 1970

Comprehensive CV

Please contact Mr. Fender for a CV that includes detailed information about his investment consulting experience, expert witness experience, expert witness testimony, expert witness reports, professional certifications, fiduciary designations, education, employment history, published articles and presentations.

Retention for Expert Witness Engagements

All potential expert witness engagements must be discussed with Mr. Fender. All engagements require an executed engagement letter. Designations without an executed engagement letter and lacking explicit written approval by Mr. Fender are strictly prohibited.

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