Hotels & Hospitality Industry Expert Witnesses: 7

David Rutecki's career spans 39 years of Restaurant and Hospitality related experience. Working in more than 20 restaurants and involved in the opening of more than a dozen, he has worked every position possible within this industry. Mr. Rutecki currently owns and operates Mountain Deli in Hendersonville, garnering the 2016, 2017 & 2018 Blue Ridge Growth Award. He is a Member of the North Carolina and National Restaurant Associations. Mr. Rutecki has been invloved in the following selected restaurants:

• Fancy’s Food and Wine, Gourmet Shop, Coral Gables, South Miami & Grove Isle, Fl.
• Susie’s Bagels, Breakfast Restaurant, South Miami, Fl.
• Pizzaria Uno, Full Service Restaurant, Miami, Fl.
• Baystreet, Full Service Seafood Restaurant, Miami, Fl.
• Rusty Pelican, Upscale Seafood, Key Biscayne, Miami, Fl.
• Rudolph's BBQ, Upscale BBQ, Miami, Fl.
• Signature Gardens, Upscale Catering Hall, Miami, Fl.
• Chart House, Upscale Seafood, Coconut grove, Fl.
• Cafe Tu Tu Tango, Coconut Grove, Fl.
• Gatsby’s, Upscale Billiards and Cigar Bar, Boca Raton, Fl.
• Prezzo, Casual Italian, Boca Raton, Fl.
• Maxwell’s Chophouse, Upscale Steakhouse, Boca Raton, Fl.
• Mountain Deli, Delicatessen, Downtown Hendersonville, NC
• Tabica Grill, Upscale American, Jupiter, Fl.
• Jonathon's Landing Marina Club, Upscale Boating Club, Jupiter, Fl
• Jetty's, Upscale Seafood, Jupiter, Fl.
• Austin Grill, Casual, Washington, DC.

Litigation Support - David Rutecki offers expert witness and litigation support for restaurant related issues in the United States. His services are available to counsel representing both Plaintiff and Defendant. Areas of Expertise:

• Restaurant and Kitchen Design, Menu Development
• Food Safety and Sanitation
• Bar Operations & Liquor Liability... Dram Shop
• Safety & Security - Slips, Trips and Falls
• Daily Operations & Management, Employee & Staffing Issues
• Retail Operations
• Staff & Mgmt Training Programs & Handbooks
• Business Plan Development

Dennis Gemberling, CHA, CFBE, FMP, FCSI, President and Founder of Perry Group International, has over 35 years of experience in the Hospitality Management industry. His experience includes managing, operating, and consulting on full-service, limited-service, extended-stay, all-suite, condo and timeshare hotels and resorts, casual, fine-dining, and quick-service restaurants, bars and nightclubs, catering and special event facilities, casinos, and mixed-use real estate. 

Mr. Gemberling has held prior positions for different owners, operators, and chains as Senior Vice President, General Manager, Director of Food & Beverage, and Restaurant Unit Manager. He has been retained on over 400 projects with typical values in the $1 million to $75 million range and revenues in the $1 million to $100 million range both nationally and internationally. His many clients have include among others Biscuits & Blues, Cantina’s, Chevy’s, Choice Hotels, Embassy Suites, Hampton Inns, Hilton, Holiday Inns, Hooter’s Casino, Hyatt, Marriott, McDonald’s, Microtel Inn & Suites, Outback Restaurants, Radisson, Residence Inns, Signature Resort, Sizzler, Sonic Drive-Ins, Starbucks, Starwood, Sheraton, Togo’s, Wendy’s, and Willie Mays Skybox Lounge. 

Litigation Support: Dennis Gemberling is a Certified Hotel Administrator, Certified Food and Beverage Executive, Certified Foodservice Management Professional, and Certified Food Safety Manager. He offers expert witness services to attorneys for plaintiff and defendant cases on a variety of Hospitality-related claims. He is a Professional Member of Foodservice Consultants Society International and the Forensic Expert Witness Association. Mr. Gemberling also provides expertise as a Court Appointed Receiver and Interim Property Manager and is currently the Past President and a Board of Director for the California Receivers Forum – Bay Area Chapter. 

Areas of Expertise:

View Dennis Gemberling's Consulting Profile.

Monica Ballard is an Organizational Development Consultant with 25 years of experience specializing in the Prevention of Harassment, Discrimination, and Retaliation. She has trained over 500 Human Resources professionals in conducting investigations and trained over 10,000 persons on the subjects of harassment, discrimination, and retaliation.

Monica has written over 20 workbooks and produced 4 web-based training programs on the prevention of harassment, discrimination, and retaliation, and has written 4 workbooks on Conducting Effective Investigations. She has served as a consultant for numerous Fortune 500 companies, including American Express, ARCO, Sizzler Int’l, First Interstate Bank, Exxon, Jack-in-the Box, Washington Mutual Bank, Ritz Carlton Hotels, Goodyear Tire & Rubber, RAND Corporation, MCA/Universal Studios, MTA, and Motown Record Company. 

Monica has been Interviewed on CBS News, CNN, and Fox News, and featured in newspapers including the WSJ, LA Times (8 times), US News & World Report, Time Magazine, Chicago Tribune, Miami Herald, New York Times, and others. 

Litigation Support - Monica has been designated an expert witness in 226 Employment Lawsuits. She has testified at trial or arbitration 20 times. Approximately 50% of her cases have been for the plaintiff, and 50% for the defense. She has been used by the EEOC as an outside Human Resources Consultant and twice in EEOC litigation.

Areas of Expertise:

Monica has been designated to testify on the following topics:

• Company anti-harassment, anti-discrimination and anti-retaliation training. Was the training compliant with State and Federal laws?
• Company policies and procedures on those same topics. Were the company's policies compliant under both State law and Federal law?
• The investigation into employee complaints - were the investigations adequate and reasonable?
• Were the investigations conducted immediately, in an objective manner, and were they thorough and complete?
• Did the investigators come to a conclusion after the investigation?
• Did the investigators communicate the results of the investigation to the complainant, the alleged perpetrator and those others with a "need to know"?
• Did the investigators and the employer remedy the situation?
• Did they ameliorate the effects of the harassment, the discrimination and/or the retaliation?
• Did the employer guard against retaliation and did the employer continue to monitor the workplace after the complaint was resolved?
• Did the employer have effective accommodations for employees with disabilities, and did the company engage in an interactive process with the employee with a disability?

View Parallax Education's Consulting Profile.

Leonard J. Backer has over 28 years of extensive and successful Seating, Tables and  Furniture Industry experience in all key areas. Mr. Backer has been directly involved in the design and development of 250+ seating and table collections. He specializes in Private Label Manufacturing, Sourcing, and Product Development expertise. Mr. Backer provides aggressive Expert Witness and Litigation Support services to attorneys, insurers and businesses for Plaintiff or Defense. He performs site inspections, detailed product reviews and incident analyses. He has worked with law firms and insurance companies to develop and coordinate strategies for various types of legal actions and lawsuits. Very strong hospitality background. Mr. Backer has extensive experience with hotel, restaurant, cruise ship, retail store and senior living incidents. Personal Injury and Product Liability Cases. He provides detailed analyses, written opinions, and expert witness reports for clients throughout the U.S. Strong proven deposition and court testimony. Areas of Expertise:

View Leonard Backer's Consulting Profile.

Gary Deel, Ph.D., J.D. has 10 years of experience in executive-level positions in the hospitality industry and 10 years of experience teaching hospitality management and law curriculum for some of the nation's top hotel schools.

Dr. Deel holds both a Ph.D. in Hospitality and a J.D. in Law, so he understands the nuances of expert witness testimony from the perspective of attorney strategy. He has also worked in a variety of different hospitality industry capacities including operations, sales, security and risk management, training and administration, and others. His services are available to help attorneys make the strongest possible arguments for clients in hospitality-related cases. Dr. Deel offers expert witness services nationwide in the areas of:

Recent Cases:

• Suit against Miami beach resort involving catastrophic injury in the ocean and hotel duty to warn about latent hazards known to hotel and not obvious to visitors (plaintiff).
• Suit against Orlando city center convention hotel involving sexual assault of a minor guest by an employee and hotel duty to monitor employee whereabouts and activities (plaintiff).

Preston Rideout is a nightclub and bar consultant specializing in Dram Shop Expert Witness Testimony. He has 25 years of bar operations experience and 75 alcohol safety certifications. Preston is CEO of Rideout Hospitality and Founder of The Dram Shop Experts.

Upon graduating from the University of Mississippi, Preston relocated to Las Vegas to work for Pure Management Group. While in Las Vegas, Preston operated Coyote Ugly, Tangerine Nightclub, Pure Nightclub, PCD Lounge, LAX Nightclub, Noir Bar Audigier Nightclub, EVE Nightclub, Venus Pool Club, and Rehab Pool Party inside Treasure Island Casino, New York New York Casino, Caesars Palace, The Luxor, Aria Casino, and The Hard Rock Hotel. After Las Vegas, Preston launched Rideout Hospitality.

As CEO of Rideout Hospitality, Preston provides consulting to casinos, hotels, resorts, restaurants, nightclubs, bars, and hospitality management groups across the United States, Mexico, and the Bahamas. Clients retain Preston to optimize bar operations, create alcohol service policies, implement operating procedures, and conduct bartender training. Together. Preston and his team of consultants have provided consulting to over 250 clients

As Founder of The Dram Shop Experts, Preston provides plaintiff and defense attorneys with Liquor Liability, Premise Liability, Personal Injury, Catastrophic Injury, and Wrongful Death expert witness testimony. Attorneys retain Preston to provide insight into alcohol-related industry-standard operating procedures, intoxication identification, training adequacy, management oversight, alcohol service policies, procedures, bottle service, mechanical bull operations, pool parties, underage alcohol prevention, security, use of force and deadly force

Preston Rideout has been retrained 73 times to provide Dram Shop Expert Witness Testimony. He’s been retained by Defendant’s 23 times and Plaintiff’s 50 times. 

Over the past 25 years, Preston Rideout has worked as a College Bartender, Security, Vegas Nightclub Bartender, Bar Manager, Casino Nightclub Manager, Assistant General Manager, 5,000 Person Pool Party Manager, General Manager, Multi-State Director of Nightlife, Multi-Unit Director of Bar Operations and CEO of Rideout Hospitality.

Among Dram Shop Experts, Preston Rideout has the most actual alcohol service experience and the most (75) alcohol safety certifications in the nation. For these reasons, he is a highly sought-after hospitality consultant and widely considered the leading bar operation expert in the legal industry.

Jon R. Simon is an experienced Finance and Investment Professional with decades of Consulting, Operations and Investing experience. He has a long and accomplished background in the Hotel and Vacation Ownership Industries where he has advised some of the largest U.S. investment funds, hospitality and gaming companies, and high net worth individuals.

Litigation Support - Mr. Simon addresses major complex commercial litigation at the individual plaintiff or defendant level (typically for the BOD), class action level, and in valuation actions brought in Delaware Chancery Court. Services include interrogatories, litigation strategy, expert witness opinions, expert witness testimony (deposition or trial), mediation assistance; calculation of damages and disgorgement, rebuttal opinions, and valuations.

Hospitality and Shared Ownership Industry Expertise: 

Litigation Experience:

• RCHFU, LLC et al v. Marriott Vacations Worldwide Corporation
• Flora Gillespie and Bruce Gillespie et al, vs St. Regis Club New York Inc., Starwood Hotels and Resorts Worldwide, Marriott International Inc. et al
• RCHFU LLC, et al vs. Marriott Vacations Worldwide Marriott Vacation Club, Ritz Carlton Hotel Management LLC et al
• Diamond Resorts International (Apollo Global Management) vs Select Plaintiff
• New York St. Regis Club Owners vs Starwood Vacation Club
• Eden Roc LLLP v. Marriott International Inc., et al., No. 651027/2012, N.Y. Sup., App. Div., 1st Dept.)

Background Experience - Jon R. Simon started his career at KPMG where he was elected to the partnership at the age of 31, making him the youngest full equity partner in the United States.  At KPMG he headed the firm’s hospitality and real estate consulting practice for the Southeast US, Latin America and the Caribbean focusing on hotels, mixed-use resorts and shared ownership.  He also served as a national acquisitions partner serving senior roles in some of the largest hospitality industry acquisitions.

Mr. Simon was recruited by Starwood Capital to be CEO of WorldStar Resorts, a hospitality investment company dedicated to the Vacation Ownership Industry.  In that capacity, Mr. Simon quickly grew the company from a start-up to over $100 million in annual revenues and 250 employees by the end of its first full year of operations.

After leaving Starwood, Mr. Simon was one of the 5 founding principals of a late-stage private equity fund oriented to the hospitality industry where he also assumed the role of Chief Investment Officer.  In his first full year, he oversaw the underwriting and closing of over $150 million of direct investments, representing over $500 million of asset value.

View Chasen Capital Advisors, Inc.'s Consulting Profile.