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Trademarks Expert Witnesses

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Robert John Anders
P.O. Box 609
Warwick NY 10990
USA
phone: 845-987-8674
fax: 845-987-8675
Robert John Anders is a member of the Industrial Designers Society of America and the Human Factors and Ergonomic Society with more than 40 years of professional experience. Mr. Anders has been retained as an Industrial Design Expert for over 17 years.

During his academic career as a tenured Professor at Pratt Institute, he lectured internationally and had written and taught Universal Design and the ADA.

Mr. Anders' Areas of Expertise Include:
  • Industrial Design - Consumer Product, Furniture, Packaging and Retail Design
  • Human Factors
  • ADA and Design Management
  • Intellectual Property - utility and design patents, trademarks, trade dress and copyright infringement
2/2/2015 · Patents
Break lines are a well-known and frequently used drawing convention incorporated into certain design patent drawings to limit the length of a depicted product either because the length is irrelevant or of an excessive size to fit on the drawing page. Depicted below are two Break line drawing conventions, from one of the earlier published standards for lines used in technical drawings.

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Dr. Charles Cowan
Managing Partner
11467 Huebner Road, Suite 200
San Antonio TX 78230
USA
phone: 210-641-2817
fax: 210-641-9892
Analytic Focus specializes in Financial, Economic, Demographic, and Statistical Research. We're Ph.D.s with decades of experience working in academia, industry, and Federal agencies. We provide exceptional value in interpretation of data, insight regarding business problems, and scholarship on best practices.

We estimate numbers needed for the best representation of your client. We evaluate flaws in analyses underpinning your arguments or your opponents. We've testified in Federal & State courts.

Complex Litigation
Antitrust, Deceptive Sales Practices, Securities & Lost Sales

Banking & Finance
Misrepresentation & Fraud, Securitizations, Regulation

Insurance & Reinsurance
Breach of Contract, Risk & Pricing Issues

Environmental/Mass Tort
Validity of Claims, Damages & Volume of Claims Forecasting

Class Actions and Class Certification
Commonality, Predominance, Mass Valuation

Fair Housing, Fair Lending, Labor & Employment
Discrimination & Disparate Impact

Intellectual Property
Trade Mark, Trade Dress, Patent Infringement
Confusion, Dilution, Lost Profits, Diverted Sales
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Antonio R. Sarabia II
3463 Tanglewood Lane
Rolling Hills Estates CA 90274
USA
phone: 310-377-5171
fax: 310-377-5039
APPAREL: During his 25 years of experience, Mr. Sarabia has become intimately familiar with the many business problems - and legal issues - which fashion companies may face. The start of his apparel industry experience was nine remarkable years as part of the senior management of Guess?, Inc. Guess? went through amazing growth during this period, one year alone its sales grew 400%! In these nine years, Guess? transformed from a fad into a mainstay fashion company. Those who were fortunate enough to work there saw a variety of challenges, problems and issues which most apparel companies do not encounter over decades. This incredible environment immersed Mr. Sarabia into a wide array of apparel business matters including apparel designs, design creation, design protection, brand establishment and protection, advertising, domestic and foreign manufacturing, factory monitoring, quality control, export, import, customs issues, product sourcing, corporate structure, apparel company management, including officer and director obligations and performance, domestic and foreign distribution, licensing, trade secrets, personnel, independent sales representatives, retail sales, retail custom
Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case. Collateral estoppel prevents re-litigation of the same issue that was decided in a prior case.

EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.

In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.

Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.

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Gabriele Goldaper
4342 Redwood Ave., #C309
Marina Del Rey CA 90292
USA
phone: 310-302-1077
fax: 310-302-1077
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Gabriele Goldaper has over 45 years experience in the Fashion, Garment, Textile Industry, as a retailer, manufacturer, consultant, and college instructor. Ms. Goldaper is a perceptive and articulate Expert Witness who has been involved in more than120+ Apparel Industry Legal Disputes. She has been deposed and testified in bench and jury trials and arbitrations, for both defendants and plaintiffs.

Ms. Goldaper has owned her own clothing manufacturing company and has held key executive positions in major public and private companies in Southern California. She has been a Management Consultant to over 200 new, failing or growing apparel companies, and completed assignments for USAID in Romania, Egypt, El Salvador, Moscow, Thailand and Bulgaria as an apparel expert.

Ms. Goldaper is a 30-year member of the faculty at the Fashion Institute of Design and Merchandising.

Areas of Expertise Include:
  • Copyright Infringement and Trademark Cases
  • Opinions on Originality and Substantial Similarity
  • Fabric/Print Design, and Origin Issues
  • Garment Construction and Design issues
  • Customs, Practices and Operations of Clothing Business
  • Financial Conditions, Valuations and Financial Matters
  • Issues with Manufacturing Contractors/Factories: Domestic and Off-Shore
  • Wholesale Distribution to Retailers and Internet Sales
  • Quality Standards/Specifications used in Production of Garments
  • View Consulting Profile.
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    Michael Nranian, JD, MBA, MS
    10945 Stoney Point
    South Lyon MI 48178
    USA
    phone: 248-376-0338 or 248-446-4052
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    Michael Nranian, JD, MBA, MS has over 30 years experience focusing in Product Development, Intellectual Property, Patent Litigation, Legal and Technical Compliance, and Product Liability Litigation. He is a licensed attorney in Michigan, Texas, & the United States Patent and Trademark Office. Mr. Nranian is a Six Sigma Black Belt, Professional Engineer, & Certified Project Management Professional. He has an in-depth background and education in Law, IP, Electrical, Chemical & Computer Engineering, & Business. He has testified extensively as an expert witness in depositions, hearings, and trials in state & federal courts.

    Mr. Nranian conducts Product and Technology Analysis, Patentability & Prior Art Research,and provides Technology & Litigation Support for Intellectual Property. His litigation background includes patent infringement / non-infringement under literal infringement and the doctrine of equivalents, patent validity / invalidity, prior art, & file-wrapper estoppel, for both ITC and Federal cases, including Inter Partes reviews. He conducts analysis of patents and products, prepares claim charts, & expert witness reports. This includes testimony and document preparation for cases before state, and federal court jurisdictions, and the International Trade Commission and the Patent Trial and Appeal Board.

    Mr. Nranian is thoroughly familiar with all 101, 102, 103, 112, and other enablement and prior art arguments. His experience includes Technology Standards Boards and Licensing Authorities, Antitrust / DOJ, Technology Development and Transfer, Patents, Trademarks, Trade Secrets, and Copyrights, Licensing, Unfair Competition/Trade, False/Deceptive Advertising, & Lanham Act Actions, & Class Actions.

    His Product Liability Expert Witness litigation background includes all types of Safety Systems, Electrical Systems, Fires, Accident Reconstruction, and Evaluation of Alternative Designs for Automotive, Medical and other industries. He has over 29 years of experience in Automotive Safety Systems, Sensors, Seatbelts, Airbags / Curtains, Seats, Diagnostic Systems, Crash Recorders, Crash Pulse Analysis, System Diagnostic, Fault Codes, Structure (including roof-crush and door) and front, side & roll-over systems (including sensing and algorithm development) for domestic and international corporations. He is thoroughly familiar with all regulatory (including FMVSS), and corporate due-care requirements, & preemption arguments, occupant kinematics, & injury causation.
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    Rob Wallace
    Branding Consultant
    669 Oradell Ave
    Oradell NJ 07649
    USA
    phone: 917-860-0319
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    Rob Wallace has unique expertise in Trademark, Trade Dress, Copyright, Brand Identity and Package Design Infringement. For 30+ years, Rob ran one of the nation's top Brand Identity Strategy and Package Design Resources providing global branding expertise to Fortune 500 companies in virtually all CPG categories. His clients include P&G, Nestle, Pepsico, Unilever, Kraft, Colgate, The Home Depot, Brown-Foreman, Novartis, J&J and more than 30 market leading companies. Manhattan-based, Rob has been an expert witness for important litigation involving:
    • Likelihood of Consumer Confusion, Brand Valuation & Dilution
    • Innovation/Ideation Copyright
    • Package Graphic/Structural Design
    • Product Design
    • Branding Industry Best Practices
    • False Advertising
    • Corrective Advertising
    • and all brand related issues.
    Rob has commissioned literally hundreds of consumer surveys and is uniquely qualified to determine the results of all research.

    He has worked for attorneys on both the plaintiff and defense sides of his cases. He is effective and efficient with the average project report requiring between 10 and 12 hours.
    In the visual circus that has become the retail environment, the icon can be your most effective tool for communicating your brand s message and for connecting with your consumers.

    2/14/2013 · Design
    Several months ago, a well-respected Fortune 500 consumer products corporation asked its design leader to fire his entire staff and re-hire them under the payroll of one of its pre-press consultants. As a reward for completing this awkward transition, the design manager was, in turn, laid off.

    In the past few weeks I have heard marketing directors from three different large consumer packaged goods companies begin a strategic brand identity design discussion with the warning, "My brand needs significant enhancement, but don't to go too crazy.

    Today's world is cluttered with messages. In this enviromnent, Rob Wallace urges simplicity. Powerful brands cut through perceptional noise with a memorably iconic and minimalist approach to colors and symbols. Case studies amplify the principles he advocates, and a three-step process outlines specific criteria managers can use to build designs that are visually clean and engaging.

    I've spent the better part of 20 years on the package/brand identity design pulpit.With my colleagues in corporate and consultant design, I have tried to spread the gospel of package design's pre-eminent role in communicating the brand's core identity, its emotional essence, and its primary connection to consumers.

    Brand extensions are more than twice as likely to succeed as new brands. With mega-brands like Crest extending to more than 80 SKUs in the United States alone and over 300 products worldwide, today's brands are not just expanding-they are hyper-proliferating.

    12/9/2009 · Design
    A new set of design advocates is needed: individuals & organizations who aren't afraid to weigh the costs of design against marketplace results.

    4/5/2009 · Marketing
    The value of being the genuine original cannot be overstated. Behaviorists like Malcolm Gladwell and Barry Schwartz recognize that in a sea of newness, we consumers find comfort in brands that are consistent, honest and real. We immediately recognize their familiar identities

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    Dr. Larry Chiagouris
    333 East 80th Street, Suite 2C
    New York NY 10075
    USA
    phone: 917-902-2610
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    Dr. Larry Chiagouris has a rare combination serving as a senior Fortune 500 executive and as an accomplished academician. He has provided expert testimony and written opinions on damages, marketing, advertising, intellectual property issues (including the use of survey research) for plaintiffs & defendants at major national & local firms.

    Experience summary:

    • Experience evenly divided between plaintiff and defendant engagements over 25 cases

    • Several cases include elements of intellectual property issues

    • Majority of cases involve elements of consumer behavior or survey research

    • Majority of cases involve elements of advertising related strategies and tactics

    • Majority of cases involve elements of Internet related tactics

    • Majority of cases involve written opinions and depositions

    • Written and oral testimony in several Federal District Court jurisdictions

    • Engaged by both large multinational law firms and small boutique firms

    • Class action cases evenly divided between plaintiffs and defendants

    Selected by Agency Magazine as one of 10 best and brightest researchers. He brings extensive experience as a Senior Marketing, Branding and Research Executive responsible for directing major assignments for companies such as AT&T, Campbell Soup, Kraft, Miller Brewing, Peugeot, Pfizer, Prudential and Visa.

    He has a Ph.D. in Marketing, is Past Chairman, Advertising Research Foundation and Former Director of the American Marketing Association.



    8/7/2009 · Market Research
    Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.

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    Weston Anson, Chairman
    Jeff Anderson, Director, Valuation & Analytics
    7342 Girard Ave.
    La Jolla CA 92037
    USA
    phone: 858-454-9091 (Main) / 408-309-6808 (Jeff Anderson)
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    CONSOR® Intellectual Asset Management has been a global industry leader in Intellectual Property valuation, expert witness services, monetization assistance, licensing strategies and more for the last 25 years. CONSOR's core areas of expertise are the valuation, management, and licensing of intangible assets. They are proud to be the only market-based consulting firm specializing in intellectual property.

    Litigation Support - CONSOR® offers a variety of services to accommodate a wide range of IP litigation needs, including Expert Witness Services, Intellectual Property Valuation and Damages Analysis, Infringement and Confusion Analysis, Customs and Practices Consulting, and Bankruptcy and Disposition Support. CONSOR's areas of expertise cover all types of IP and intangible assets that can be the subject of litigation, including:
    • Patents & Technology
    • Trademark & Corporate Brand Assets
    • Sports & Events Licensing
  • Celebrities & Publicity Rights
  • Copyrights, Media & Entertainment Assets
  • Estate & Tax-Related Issues
  • Weston Anson Intellectual Property Expert PhotoWeston Anson, Chairman of CONSOR®, is a seasoned Licensing Valuation and Marketing professional with a long history of successful programs at firms such as Booz-Allen & Hamilton, Playboy Enterprises and Hang Ten International. He holds a Masters degree in Business Administration (honors) from Harvard University and is active in all of the major international trademark and intellectual property associations as a speaker and an officer.

    As an important part of his career today, Mr. Anson is a world renowned IP Expert with testifying experience in the United Kingdom, Europe, and in state, federal, tax, bankruptcy, and probate courts in the U.S.; as well as in arbitration and mediation. In trial testimony, multiple depositions, and numerous rule 26 reports, his expertise has been established and reaffirmed. His litigation clients include roughly half of the largest 100 U.S. law firms.

    Mr. Anson's notable cases range from: the largest trademark jury award in history to adidas of $304.6 million; the successful litigation of Woody Allen vs. American Apparel: a $5 million settlement in a right of privacy and publicity case; the Upaid Systems matter: a $70 million settlement in a computer/telecom patent case; and the Chevron-Donzinger/Ecuador case: decision barred Ecuador from collecting a $9.5 billion judgment against Chevron. In addition Mr. Anson has been involved in other famous cases, such as the landmark Jesse Ventura case in which the eighth circuit court of appeals noted “Anson's qualifications are quite impressive, and certainly more so than those of some experts whose testimony this court has permitted.”

    Jeff Anderson Intellectual Property Valuation Expert PhotoJeff Anderson, Director of Valuation & Analytics at CONSOR®, performs Valuations of Intangible Assets and Intellectual Properties for corporate litigation and business / transaction purposes.

    Mr. Anderson’s project work spans the full spectrum of the intellectual property realm. Industries worked on include: software, banking, entertainment, construction, retail, energy, and manufacturing. He has managed projects involving: valuation for litigation; sale / purchase valuation and negotiation; license structuring and negotiation; estate valuation; and valuation in expropriation and foreign markets.

    Specifically, Mr. Anderson has assisted in creating and implementing financial models utilizing extensive ad hoc analysis and statistical methods in determining economic damages for trademark, copyright and patent infringements; breach of contract; tortious interference; and misappropriation of data / information. He has also assisted clients, their legal counsel, and in-house expert witnesses in deposition and trial preparation and strategy.

    View CONSOR's Consulting Profile.
    How have celebrity scents become huge licensing opportunities? Do you smell that? Fee-fi-fo-fum, I smell the growth of celebrity scents. Yes, not only is celebrity licensing in general seeing tremendous growth opportunities, but in particular, the business of licensing celebrity scents is experiencing a steady rise.

    Weston Anson
    The demand for economic damages analysis and valuation for litigation, arbitration, and mediation is ever-growing. Elements of IP and intangible assets affect disputes in nearly every area of law, from real estate to complex software transactions. Expert Witnesses, Valuation & Damages discusses how to best use experts, when to hire them, how to find good ones, and how to test whether they have adequate knowledge.
    Weston Anson
    In a time of great economic, social and political change in the world, intellectual property is more important than ever. Given the current trouble surrounding businesses and portfolios, clients are actively seeking legal guidance and advisement to make wise decisions about intellectual property. IP Valuation and Management is an easy-to-use, concisely thorough reference. This book delves into how intellectual property is defined, grouped, valued, managed and monetized.
    Weston Anson
    Law school prepares students to be lawyers, but once they reach the real world, new attorneys often find they lack needed business knowledge. Not only are they uninformed about the management of their firms, but they are also unprepared to understand the needs of business clients. The Attorney's Guide to the Business Mind tackles this issue head on.
    Weston Anson
    This handbook is intended as a useful document for intangible asset management inquiries, with a special emphasis on licensing, transaction due diligence and bankruptcy. It attempts to help improve the management of companies with underleveraged intangible asset portfolios. Relevant exhibits, case studies, common terms, and a detailed index are also included.
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    Ray Horak
    President
    1500A E. College Way, PMB 443
    Mt. Vernon WA 98273
    USA
    phone: 360-428-5747
    fax: 360-416-3378
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    Ray Horak is an Independent Consultant with a General Practice in Wireline and Wireless Telecommunications and Related Fields such as the Internet and Voice over IP. His 45 years’ experience includes management and executive positions with Southwestern Bell, CONTEL, and Executone prior to forming The Context Corporation.

    Ray has authored the best-selling Communications Systems & Networks, (John Wiley & Sons, 1997, 2000, and 2002), Telecommunications and Data Communications Handbook (Wiley-Interscience, 2008), and Webster’s New World Telecom Dictionary (Webster’s New World, 2007). He was Senior Contributing Editor for Newton’s Telecom Dictionary (12th through 21st Editions). He has written hundreds of technical white papers, case studies, articles, and columns for major print and electronic publications such as CommWeb, Computer Telephony, Network World, The Prepaid Press, and Teleconnect. He also has served as Technical Editor for several book-length works, including Deploying Secure 802.11 Wireless Networks with Microsoft Windows (Microsoft Press, 2003). He currently is the Technology Editor for Telecom Reseller Magazine.

    Ray regularly teaches public and private seminars and has spoken before tens of thousands of telecom and IT professionals in the US and abroad as a conference keynoter, seminar and tutorial leader, panel chair, and panelist at major industry conferences such as ComNet and Networld+Interop.

    He also has provided litigation support as a consulting expert and testifying expert in a number of cases involving product / service misrepresentation and intellectual property (patent; copyright, and trademark / service mark infringement). Those cases have involved a broad range of technologies, including Automatic Telephone Dialing Systems (ATDS), DSL, E911, fax, PBX, push-to-talk (PTT), Telephone Consumer Protection Act (TCPA), videoconferencing, VoIP, and voice processing.

    Ray Horak is known for his ability—both in print and in person—to translate highly complex technical subject matter into plain-English, commonsense, and thoroughly understandable terms for technical and lay audiences, alike.
    2/27/2010 · Telecommunication
    In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices thought to be invasions of privacy, Congress enacted the Telephone Consumer Protection Act of 1991 (TCPA), codified at 47 U.S.C. § 227. We all know about the restrictions on unsolicited telemarketing calls..

    9/16/2008 · Communication
    Communications is a science, an art, and a field of study, depending on the context. In simplest terms, communications is the means by which people express ideas or information

    Ray Horak, Harry Newton, Mark A. Miller
    An instant classic and a best seller, with more than 65,000 in print. It served as the basis for Horak’s more contemporary works, Telecommunications and Data Communications Handbook (2008) and Webster’s New World Telecom Dictionary (2007).
    Ray Horak
    A comprehensive and authoritative telecommunications dictionary of more than 4,600 terms essential to a clear and thorough understanding of voice, data, video, and multimedia communications system and network technologies, applications, and regulations. Webster’s is an absolutely unimpeachable resource written by a recognized expert in the field. Webster’s enjoys great critical acclaim, as do all of Horak’s works.
    Ray Horak
    The one book you’ll need to understand the entire telecom landscape, from copper to fiber, wireline to wireless, LANs to MANs to WANs, TDM to IP, AAL to Zigbee and everything in between. Written in a plain-English, commonsense style by an authority on the subject, this critically acclaimed book is at just the right level for the serious professional who wants to get at the whole truth—without the math.
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    Dr. Timothy Habick, Ph.D
    Reasoning, Inc.
    Forensic Linguistics
    1341 Gilbert Road
    Meadowbrook PA 19046
    USA
    phone: 215-275-5388
    Reasoning, Inc. provides expert testimony for DEFAMATION and other cases. Reasoning, Inc. is a group of doctoral-level linguists and logicans with superior understanding of all aspects of language. Our specialties include defamation and other language-intensive issues. We do linguistic and logical analyses of publications, newspapers, books, letters, interviews, advertisements, manuals, contracts--to identify meanings, inferences, innuendoes, bias, actual malice, damage to reputation, similarity to other documents, copyright infringement, plagiarism, breach of contract, authorship, and fraud.

    As a specialist in educational testing, Dr. Habick provides expert testimony on educational practices related to fairness, bias, psychometrics, and flawed test questions or testing programs.

    Dr. Habick provides Linguistic Analysis of news reports and other communications and in assessment of Violations of Legal, Ethical, and Professional Standards.

    Dr. Habick testified as an expert witness in linguistics in the U.S. District Court, Trenton, in The United States of America v. Tyshon Bey.

    Dr. Habick performed linguistic analyses on defamation and trademark cases for Pisanelli-Bice, Las Vegas; Shumaker, Loop & Kendrick, Tampa; Haines & Associates, Philadelphia; and Seed Intellectual Property Law Group, Seattle.

    Reasoning, Inc. also provided expert testimony on unfair testing, grading, and educational practices for Seals v. State of Mississippi et al.

    Areas of Expertise:
    • Libel
    • Defamation
    • Slander
    • Trademarks
    • Invasion of Privacy
    • Copyright Infringement
    • Discourse Analysis
    • Logical Analysis
    • Logically Flawed Argumentation
    • Plagiarism
    • Education
    • Educational Examinations
    • Bias and Fairness
    • Psychometrics
    • Authorship Identification
    • Interpretation of Contracts
    • Taped Conversations
    Professional Affiliations
    American Dialect Society (ADS)
    International Association of Forensic Linguists (IAFL)
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    Erik Laykin, CHFI, CEDS
    Managing Director
    10100 Santa Monica Blvd
    11th Floor
    Los Angeles CA 90067
    USA
    phone: 310-245-2902
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    Erik Laykin, CHFI, CEDS, Managing Director in the Los Angeles office of Duff & Phelps, LLP, is an internationally recognized Computer Forensic, Electronic Discovery, and Cybercrime Expert. Mr. Laykin is the co-chair of the firm’s Global Electronic Discovery & Investigations practice. He focuses on high stakes eDiscovery, computer forensics and corporate investigations on behalf of law firms and corporations throughout the North America, Asia and Europe.

    An electronic discovery and computer forensic authority, Mr. Laykin has served as an expert witness throughout the United States in both Federal and state court and has also served as a court-appointed Special Master in matters involving complex eDiscovery and technology investigations. As the co-chair of the GEDI practice, Mr. Laykin directs large-scale corporate investigations and electronic discovery litigation. As a result of his investigations and expert testimony, he and his team have successfully solved/resolved cases valued in the hundreds of millions of dollars on behalf of Fortune 100 companies both domestically and abroad.

    Areas of Investigative Expertise:
    • Cyber-Crime
    • Electronic Fraud
    • Data Breaches
    • Trade Secret Theft
    • Trademark
    • Patent and Systems Design Infringement and Failure
    • Online Piracy
    • Corporate Espionage
    • White Collar Crime
    • Privacy and Data Loss
    • Intellectual Property Disputes
    • Complex Information Technology Disputes
    View Consulting Profile.
    Erik Laykin
    Accountants, CEOs, and other financial professionals need to understand how to leverage the newly emerging tools of computer forensics to protect assets, investigate fraud, and win the case. Investigative Computer Forensics takes the purely scientific aspects of classic computer forensics and marries them to the practical side of investigations and the pursuit of digital evidence in the course of litigation. It provides financial professionals with the necessary practical aids, case examples, and skills needed to leverage computer forensics during eDiscovery and investigations both domestically and abroad.
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    Johnette Hassell
    President
    141 Robert E. Lee Blvd.,Suite 108
    New Orleans LA 70124-2534
    USA
    phone: 504-483-0201
    Electronic Evidence Retrieval provides computer forensic, e-discovery, & software intellectual property services nationwide.

    EER President Dr. Johnette Hassell, a recognized expert in computer forensics, e-discovery, & software IP, has more than 30 years experience in litigation support & consulting. She also provides seminars for attorneys and clients on computer forensics and e-discovery.

    EER assists in all stages of case building, including:

    • Determining if a suspect computer is likely to yield useful data

    • Drafting appropriate language for/assisting in preparing and responding to, interrogatories and RFPs

    • Preparing for Rule 26 conferences and Markman hearings

    • Recovering and analyzing data that is accessible only through forensic techniques

    • Evaluating “substantial similarity” and validity & infringement in software copyright & patent matters

    • Evaluating electronic document authenticity

    • Preparing court reports & expert testimony

    When the Lieutenant on a television show--usually at a murder scene--says, "Get forensics in here!" the viewer knows what to expect.

    Discovery. Law schools teach the importance of, and methods for, effective discovery. However, in today's world, discovery regularly involves electronic information, a specialized field not generally addressed in law school

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    Monty G. Myers, PE
    3305 Northland Drive
    Suite 305
    Austin TX 78731
    USA
    phone: 512-459-9292
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    Monty Myers Computer Software Expert PhotoMonty G. Myers, PE, is an active Software Industry Executive with 30+ years of experience, including the founding of Eureka Software Solutions, Inc. (“Eureka”) and acting as CEO of Eureka for 28 years.

    Mr. Myers has provided services to a balanced mix of plaintiffs and defendants in over 40 litigation matters ranging from billion dollar, landscape-changing lawsuits between worldwide industry leaders to smaller-scale litigation between individuals or local businesses. Mr. Myers' clients have included Global 1000 and Fortune 500 companies in industries such as Enterprise, Finance, Military and Defense, Transportation, Oil and Gas, Security, Healthcare, and Automotive.

    Litigation Support - Monty Myers is a Computer and Software Expert Witness, experienced and proven at offering expert testimony under-oath at trial, hearings, and depositions. For the last 5+ years, he has provided expert witness services for engagements including Software Patent or Software Trade Secret litigation matters.

    Mr. Myers is available as a consulting and/or testifying expert witness to assist with understanding the technology and technical issues in the case and providing review, analysis, and testimony (report, deposition, or courtroom) regarding the technology, software, or patents involved in the case. He has worked extensively with counsel in the taking and defending of depositions, reviewing and challenging the testimony of others, and assisting with and implementing an overall trial strategy.

    Areas of Expertise:
    • Source Code Review
    • Source Code Comparison
    • Source Code Reconstruction
    • Source Code Misappropriation / Theft
    • Source Code Copyright / Patents
    • Software Patents
    • Trade Marks
    • Trade Secrets
  • Antitrust
  • NDAs
  • Open Source Licensing
  • Computer Forensics
  • Mobile / Wireless Technology
  • Cloud and Web Business
  • Hardware / Infrastructure
  • Contract Performance / Project Management
  • Capabilities:
    • Adept at taking highly technical material and effectively communicating it to counsel, the judge or a jury in terms they can understand via testimony or reports/declarations
    • Skilled at reviewing and comparing software source code and functionality in the litigation context in relation to protected intellectual property including, trade secrets, copyrights, and patents and/or license or other contractual commitments and requirements
    • Able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of deprecated software along with re-creating historical hardware and software environments
    • Highly familiar with functional and performance testing of software against applicable specifications, warranties, or industry standards using proprietary and commercial testing tools and techniques
    View Monty Myers' Consulting Profile.

    Eureka Software Client Logos
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    Dr. Gerald M. Goldhaber
    1525 Amherst Manor Dr., Suite 907
    Williamsville NY 14221
    USA
    phone: 212-379-6661
    fax: 716-689-3342
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    Dr. Gerald M. Goldhaber is President & CEO of Goldhaber Research Associates, LLC. Over the past 38 years he has emerged as one of the nation's leading safety warning communication expert. Dr. Goldhaber has been retained in over 200 lawsuits dealing with the issue of warnings and has written numerous research articles on the subject of effective warning labels. His clients include many Fortune 500 companies and he has designed, developed and defended warning labels for International Playtex, Owens Corning Fiberglas, Dr. Pepper Seven Up, Rheem, Otis Elevator, Daikin USA, S. C. Johnson and the ATV Industry. Dr. Goldhaber has written and edited 10 books on the topic of communication and is currently working on THE WARNINGS DOCTOR: A Prescription For Living A Safe Life In A Dangerous World. He has served as an analyst for numerous radio and television shows, most recently CNN Tonight. He has been selected as a member of Who's Who in America and Who's Who in the World.

    Legal Research and Expert Witness Services
    • Trademark Research
    • Warning Label Research
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    10/22/2014 · Product Liability
    Last month's issue of the Goldhaber Warnings Report focused on the dangers of added sugar to many products sold in the U.S. But sugar, while a major culprit in the causal chain leading to a variety of serious illnesses such as Type 2 Diabetes and other cardio-vascular diseases and certain cancers, is not the only food product that may need a safety warning. Let's look at a few potential examples of products that might benefit from a safety warning.

    If you buy a box of Kraft Mac & Cheese in the UK (the same Mac & Cheese that is sold in the U.S.), the following warning label appears on the package: Warning: This Product May Cause Adverse Effects Activity AndAttention in Children. This warning is required because the U.S. version of Kraft Mac & Cheese has artificial food dyes yellow #5 and yellow #6, which are proven to be linked to hyperactivity in children. The warning does NOT appear in the U.S.

    7/28/2014 · Product Liability
    Ten years ago, Federal Judge Robert Sweet ruled in the Pe1man v. McDonald's Corp. case that the plaintiffs' complaint failed to prove that McDonald's was responsible for the two teenagers' obesity. Attorney David Wallace wrote in a recent issue of Product Liability Law and Strategy that given the statistics (1/3 of U.S. adults and 17% of U.S. children are obese), "the number of potential claimants is staggering." While the original claims in the Pe1man lawsuit may be difficult to prove on causation, specifically linking the consumption of higb-fat, high-salt fast foods directly to the effects of obesity, such as Type 2 diabetes and other cardiovascular risks, a different claim may be more successful.

    6/25/2014 · Product Liability
    In the November, 2012 issue of this newsletter, I wrote that the FDA was investigating reports of deaths due to the intake of energy drinks and was determining if energy drinks were safe. Earlier this month, the FDA issued a harsh warning against energy drinks and supplements containing the stimulant dimethylamylamine (DMAA), telling consumers to stay away from it while adding that the agency was "using all available tools at its disposal" to ensure that it is no longer sold. This is a formidable task because we as a nation spend more than $12.5 billion a year on energy drinks, shots and drink mixes. Although seven other countries, including Canada, had previously banned supplements containing DMAA, these products had remained widely available at supplement stores in the United States, including GNC.

    5/22/2014 · Warnings & Labels
    This week, as my family and I prepare for a one week Caribbean cruise, the last thing on our minds is what legal recourse we may have should something go awry on our vacation. However, with the recent crippling of the Carnival Triumph which, following an engine fire, was adrift for four days with overflowiug toilets, unbearable heat and never-ending lines for food, the first two lawsuits have been flied agaiust Carnival Cruises.

    4/18/2014 · Warnings & Labels
    According to news reported almost daily, we are and will continue to experience flu activity in the United States at record levels. Both the CDC and the Mayors of major cities such as Boston and New York have declared public health emergencies blaming the current raging flu epidemic. We all know the symptoms of the flu: aches and pains throughout the body; blocked or runny nose; chills and cold sweats, fever, fatigue or sore throat. Most medical experts agree that the quickest and safest way to prevent the flu is to get a flu shot and let the vaccine now on the market stop the epidemic spread of the flu. Sadly, as of this date, slightly more than 1/3 of our citizens got vaccinated.

    Earlier this month, the New York Times reported that the Food and Drug Administration (FDA) had received claims that the drink 5-Hour Energy may have led to 13 deaths and 33 hospitalizations in the last four years. 5-Hour Energy is a highly caffeinated energy shot sold by Michigan-based Living Essentials (a unit of Innovation Ventures) in 2-ounce packages equivalent to drinking about two cups of coffee.

    1/29/2014 · Warnings & Labels
    As we approach the holiday season this year, we should keep in mind a new study released last month warns that 42% of Americans could be obese by 2030 (up from 36% in 2010) and 11% could be severely obese, which means about 100 pounds overweight (vs. 6% in 2010). The study, done by the Trust for America's Health and the Robert Wood Johnson Foundation projects that in every state the rate of obesity could reach 42% and in thirteen states, that number could exceed 60% of the population. Mississippi, which currently leads the nation in obesity rates, could have as many as 2/3 of its population obese by 2030.

    12/26/2013 · Warnings & Labels
    Tara Godoy, the President of University Park Legal Nurse Consulting in the Northern San Francisco Bay Area recently brought to our attention via a posting on the Expert Witness Network that the FDA earlier this month has issued a consumer advisory warning the public that popular topical pain relieving products such as IcyHot and Bengay have been linked to a risk of a rare chemical burn injury.

    11/19/2013 · Warnings & Labels
    Last month, two California mothers sued General Mills claiming that they falsely advertised and deceptively marketed its Nature Valley products as "natura1" when they contain highly processed ingredients such as high fructose com syrup, and high maltose corn syrup and maltodextrin, a thickener that also adds sweetness to food. The lawsuit was filed in the United States District Court for the Northern Division of California and charges General Mills with false advertising and anticompetitiveness under California law.

    10/17/2013 · Warnings & Labels
    New York State Attorney General Eric Schneiderman filed 12 civil lawsuits on July 10,2012 throughout New York State against 16 head shops that sold synthetic drugs which were marketed as different products such as glass cleaner, potpourri, bath salts and spice. The main claim in these lawsuits is that the products violate consumer protection laws for labeling by failing to warn consumers of the products' content, safety and health risks.

    9/27/2013 · Warnings & Labels
    Anyone who bas seen a football helmet in recent days may be swprised at the bluntness of the warnings advising players that the very product they are wearing to prevent injury may not do that at all. For example, the warning that appears inside helmets manufactured by both Schutt Sports and Rawlings contain Oris conclusion:

    4/29/2013 · Warnings & Labels
    Mayor Michael Bloomberg of New York City this month has proposed a ban on restaurants, theatres and food carts regulated by the City selling soft drinks in excess of 16 ounces.

    3/25/2013 · Warnings & Labels
    I just came back from my phannacy where I picked up two prescriptions for my seasonal allergies. One was a name brand product and another was a generic.

    2/19/2013 · Warnings & Labels
    Last month, Judge Richard J. Leon of the United States District Court in Washington, D.C. permanently blocked the FDA reqillrement that was to go into effect later this year that would have forced the tobacco industry to put extremely graphic warnings on the top half of the front and back of a pack of cigarettes.

    12/12/2012 · Warnings & Labels
    New York City has done it again! Mayor Bloomberg (or as some call him, NYC's Nanny-In-Chief) and his City Health Department has declared war on oversized restaurant portions.

    My former business partner, Marshall McLuhan was fond of telling me that North Americans go out of their homes to be quiet (compared with Europeans who go out to be social).

    7/13/2012 · Warnings & Labels
    The awards season is already in full gear this year. The Golden Globes have already been given out and the Oscars will be determined by the end of this month.

    2/18/2010 · Warnings & Labels
    The Goldhaber Warnings Report:...Unlike its previous hearingswhich addressed the NFL’s lack of adequate protection against brain injuries, the Houston hearing focused on risks faced by younger football players. Several million high school and college students play football...

    2/18/2010 · Warnings & Labels
    The Goldhaber Warnings Report: On January 2, of this year, The New York Times published an article about the possibility of heavy cellphone use being linked to brain cancer. Since approximately 280 million people use cellphones

    8/26/2009 · Warnings & Labels
    The Goldhaber Warnings Report: This past weekend as Hurricane Bill brushed past the Eastern Coast Line of the United States, bringing dangerous riptides to our shores, police and lifeguards posted explicit warning signs (reinforced by nonstop media coverage about the dangers of these riptides) closing beaches from North Carolina throughout New Jersey, New York and New England. Despite this barrage of warning and safety information, who can forget the televised images of the hundreds of apparent daredevils, mostly young men, ignoring the warnings and entering the beaches to look at the waves, and even swim or surf in the turbulent waters!

    6/19/2009 · Warnings & Labels
    The Goldhaber Warnings Report: In the last issue of this newsletter, I listed the major components found in most warnings along with making several suggestions that should help improve a warning’s conspicuousness and make it more likely to gain the attention of the product’s user at the time of use. The following is an example of a warning that

    6/19/2009 · Healthcare
    The Goldhaber Warnings Report: The U.S. Supreme Court ruling (March 5, Levine vs. Wyeth) will have major implications for the pharmaceutical industry forcing them literally to review all of their warnings and safety instructions for content, clarity and conspicuousness

    3/16/2009 · Product Liability
    The Goldhaber Warnings Report: In the last issue of this newsletter, I listed four key questions that must be answered when conducting a warnings review. Answers to these questions, as well as following the detailed steps I now provide, should help you determine whether or not you need to warn or, if you already warn, whether or not your warning(s) is/are adequate

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    Scott D. Hampton, CPA, ABV, CFF
    Principal
    500 North Market Place Dr., Suite 200
    Centerville Utah 84014
    USA
    phone: 877-328-9888
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    Hampton IP & Economic Consultants, an investigative accounting firm, is a leader in the field of economic valuation, financial impact analyses, and litigation services. Our professionals are highly experienced in all phases of economic valuation and commercial litigation.

    Forensic & Investigative Services
  • Economic Remedy Calculations
  • Mediation Assistance
  • Expert Testimony
  • Fraud Investigations

  • We have the expertise to establish the impact of
  • Breach of Contract Disputes
  • Copyright Infringement
  • Fraudulent Behavior
  • Patent Infringement
  • Preliminary Injunctions
  • Royalty Disputes
  • Trade Dress Infringement
  • Trade Secret Misappropriation
  • Trademark Infringement

  • Scott D. Hampton is a CPA, ABV, CFF, and the founder of the Firm. He has over 27 years of forensic accounting experience valuing economic damages due to patent, trademark, and copyright infringement, and misappropriation of trade secrets.

    Selected Intellectual Property Cases
  • Prism Technologies v. Sprint Spectrum
  • GeoTag, Inc. v. Fifth Third Bank
  • Myriad Genetics v. Ambry Genetics Corp.
  • Nordstrom v. Beyond the Rack
  • Synchrome Technology v. LG Electronics
  • Creative Integrated Systems v. Nintendo of America
  • Oracle v. Rimini Street
  • Hamilton Beach v. Sunbeam Products
  • Medicis Pharmaceutical Corp. v. Acella Pharmaceuticals
  • U.S. Textile Printing v. Crew Knitwear
  • Carroll Shelby v. Factory Five Racing
  • Phillips Electronics v. BC Technical
  • Montana Camo v. Cabela's
  • New Jore Corp. v. The Home Depot
  • Ecast v. TouchTunes Music Corp.
  • Bell Helicopter v. H-S Tool & Parts, Inc.
  • Whatley v. Nike, Inc.
  • Steiner v. ABC Television, Inc.
  • Marilyn Manson v. Empire Musicwerks, et al.
  • Brian Murray v. Tony Hawk Skate Boards
  • OneSport U.S.A. v. OneSport Europe
  • Boca Research v. Midisoft
  • Tekmax v. Excide Battery
  • Coval v. Alpha Therapeutic
  • Milbar v. Medicis Pharmaceuticals
  • K2 v. Rollerblade
  • Laser Eye of San Francisco v. Laser Eye of Los Angeles
  • Bravo v. Kroger, Fred Myer
  • Financial Freedom Int’l v. International Credit Repair
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