Mike Panish is one of the most frequently retained consultants for all construction related services and trades with specialties in Doors, Door Hardware, Security, Automatic Doors, Cabinetry & Architectural Millwork. Mike is often used in the early stages of a lawsuit or claim, or prior to a law firm’s acceptance of a case to analyze the information provided by a prospective client. He is frequently called upon by insurance companies to evaluate a claim because of his knowledge and highly diverse background. He has been a retained expert witness in over 1750 legal cases since the year 2000, and regularly consults on issues that are not involved in legal disputes.
Mike Panish is referred by attorneys that have worked with him or have been on the opposing sides to help resolve a potential claim or legal dispute prior to filing an action. Contractor fraud, dispute resolution for homeowners/contractors. Licensed in CA as a General Building Contractor, Electrical Contractor, Door, Lock & Security Equipment Contractor, Cabinet & Millwork Contractor, and Painting & Finish Specialties Contractor. 35+ years hands-on experience in all construction trades with over 1600 cases since the year 2000. Local to CA & New England. Nationwide Inspection & Testimony.
Areas of Expertise:
Automatic Door Personal Injury, Wrongful Death Cases
Door and Door Hardware Personal Injury, Wrongful Death, Defects Cases
Cabinetry, Architectural Millwork, Furniture Personal injury, Defects Cases
Slip, Trip, Fall / Railings / ADA Personal Injury Cases
General Construction (all trades) Defects Cases, Personal Injury Cases, Wrongful Death
Premises Liability, Premises Security for Criminal Cases, Elder Abuse Cases, Wrongful Death
As a construction expert witness, I am often asked about the importance of using safety equipment. I have many years of personal experiences with the proper observance of safety procedures and appropriate safety equipment requirements.
I have been the retained expert witness by both the plaintiff and defendant to determine the causes of a variety of significant injuries that have happened as a result of improper cabinet and millwork installation practices. In most claims, if product abuse or deferred condition was not the reason for the injury, poor installation practices that have omitted required hardware was to blame. Architectural millwork injuries have occurred repeatedly in shopping centers and malls, hotels, hospitals, airports, and offices throughout the country. Casinos and restaurants are also routinely the location of significant cabinetry related failures leading to serious injuries. Many offices and industrial buildings that utilize modular furniture have had employees injured by improper or completely unattached components. In my other articles, improperly attached architectural millwork has been discussed. Heavy mirrors and headwalls have fallen upon hotel guests while they were asleep in bed. Generally, these failures occur due to lack of appropriate fasteners, missed structural connections, or product tampering.
Mechanical fasteners, when properly used as recommended by the manufacturer, almost always assure safe and secure attachment of a fastened product. In commercial and residential applications, injuries resulting from mechanical attachment failures have often been attributed to inappropriate usage of products, improper installation procedures, or the failure of a poorly manufactured fastening product. When a product becomes disconnected from its point of attachment, serious personal injury can result.
This article will discuss plastic laminated products only. Although many other laminated materials are used for residential and commercial applications, plastic laminates are one of the most common products involved in casework claims and personal injuries.
My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.
Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of cases do you work for the Plaintiff?" and "On what percentage of cases do you work for the Defense?"
Most of the misunderstandings pertaining to contractor and homeowner relationships occur as a result of unclear or wrongly interpreted construction contracts. Upon entering into a building contract, the enthusiasm for starting the proposed work often creates a kind of glazing over or dulling of the senses on the part of the homeowner. Many times questionable terms and arrangements for payment scheduling are accepted or unknowingly agreed to as the homeowner's urgent desire to start work overshadows common sense. Often, the lowest priced contractor seduces the homeowner with promises of more value for the money.
As a Construction Expert Witness, I have been involved in numerous homeowner vs. contractor lawsuits that turned out to be directly created by contractor fraud. In this article, I have combined a few different actual cases, highlighting the various tactics used by dishonest contractors to bait and then hook the homeowner. In all of these cases, the homeowner prevailed.
The need to have increased security to public venues such as airports, schools, religious facilities, day care centers, shopping centers, and government buildings is nothing new. However, it has become apparent that many unexpected assaults and deadly attacks are coming from individuals that have gained a certain level of intimacy with the venues and organizations that they are invading. The attackers are not necessarily strangers, but people we know.
In December of 2012 a gunman broke into Sandy Hook Elementary School in Connecticut and viciously murdered 20 children and 6 administrators. Adding Sandy Hook Elementary School to a growing list of other tragic school shootings confirms that any educational institution should be considered a viable target for future attacks.
Every good attorney needs to consider the validity of every potential claim. As the most frequently retained door expert witness, working for both Plaintiff and Defense evenly, I have been retained on door injury and wrongful death claims that were not caused by malfunctioning doors or door hardware. As discovery has often shown, people in poor physical or mental condition who are left unattended or unassisted while moving through properly functioning doorways are often the genesis of their own injuries. All commercial venues have the responsibility to maintain their facilities to industry wide standards, seek proper routine maintenance, and provide daily inspections of their door systems. However, it is difficult to provide safe passage to every patron of their facilities when some of those patrons may include persons requiring diligent physical supervision, special assistance walking, or have special needs due to disease, mental incapacity, or other unknown infirmities.
One of the most common types of expert related calls that I receive pertains to some sort of door injury. Door injuries caused by automatic pedestrian doors, manual doors, or garage doors often lead to serious and potentially life threatening high dollar liability and personal injury lawsuits. My case load as a door expert witness is evenly split between plaintiff and defense. I have written articles, testified, and been consultant on many door injury cases throughout the country and abroad. In addition, my services have been utilized by defense teams representing cross defendants such as door maintenance companies also named in the chain of commerce.
As a door expert, I am called upon many times a year to evaluate garage door injuries. In my professional career as a general contractor and door & hardware contractor, I have installed many different types of garage doors. I have been involved with roll up doors, both for commercial warehouse applications and automotive repair facilities that allow the passage of a motor vehicle. I have installed and serviced life safety/fire drop doors typically seen in hospitals, pharmacies, labs, shopping centers and other commercial venues. I have placed sectional doors in apartment buildings, single family homes and condominiums. My company has custom built many types of garage enclosures that have had special cosmetic concealed purposes for themed attractions. Working on historic buildings has given me the opportunity to work on sliding barn type doors, hinged parting doors and old carriage style swinging doors. I have removed and replaced the older style, overhead vintage single panel pivoting hinged garage door from commercial and residential locations, and have installed a variety of newer and safer products.
The overhead or floor mounted concealed door closer is a very common type of door closer mechanism which is normally unseen and unnoticed. In the majority of installations, these concealed closers are used on aluminum glazed storefront doors, hollow metal stand alone, or structural framed window systems. The concealed door closer design concept was initially engineered as a self-contained product that featured a center pivot allowing a variety of door functions with no exterior arm or visible operating hardware.
During the past several years I have been contacted many times regarding door injury claims related to manual door closers. In response to numerous inquires asking if I have published any manual door closer articles similar to the primers I have done on automatic pedestrian doors, I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms.
We are all used to opening and closing doors on a daily basis. Unless you encounter a problem with the function of your doors, you probably don't give their operation and component make up much thought. I am continually contacted by attorneys seeking my advice on an injury that took place because of an improperly adjusted or malfunctioning door. In this article, I am simply discussing manually operated doors. Nothing fancy or automatic about them, the kind where you grab a lever, push a plate or bang on a bar to enter or leave a room or building. So, if you want to learn to communicate professionally and simply with your door expert or even your building manager, read on.
If you run an active automatic door service company it is not a matter of IF you will be sued . . . it is a matter of WHEN ! What every door service provider can do to proactively protect their business.
As the retained expert witness on many overhead door injury and wrongful death cases, some of the injuries I have seen include injured or severed fingers and limbs, bodily trauma, and death. Disabling injuries often lead to involved lawsuits due to the combination of jobsite and employer, landlord and tenant contractual agreements, and property owner liability insurance coverage. Knowing who is responsible for maintenance and inspections of these doorways is essential.
In conjunction with many other articles that I have had published pertaining to high energy doors, or what most people think of when they say automatic doors, low energy systems can be equally dangerous and need to be appropriately and properly maintained.
Within the past few months, I have been retained as expert witness to evaluate revolving door injuries in over a dozen different locations nationwide. While I usually see an even distribution of sliding door, swinging door, and revolving door injury cases, the revolving door injuries currently seem to be the most prevalent. What is particularly interesting is that no two of my recent cases were created by the same problem.
I have been involved in many automatic door cases during the past few years working for both plaintiff and defense. As discussed in one of my previous articles (The Ins and Outs of Automatic Door Operation), automatic doors are highly complex pieces of equipment that require daily attention. Most injuries occur when some component of the automatic door system malfunctions.
A basic primer in how they work, what to look for, and how to analyze defects vs. deferred maintenance. Expert door contractor, Michael Panish, takes you through the basics for your case. A basic primer about Automatic Door functions.
Dr. C.J. Abraham, P.E. is a Licensed Professional Safety Engineer with over thirty five years of international experience consulting to insurance companies, municipalities, government agencies, and the legal profession. He provides consultation to International corporations in the areas of New Product Development, Manufacturing, Packaging, Warnings and Instructions.
Dr Abraham's services include Expert Witness Testimony for both Plaintiff and Defense in matters involving Personal Injury and Product Liability.
In the United States, the most litigious country in the world, a products liability action may be brought, under state law, for express or implied breach of warranty, misrepresentation and negligence. Under the theory of strict liability, a lawsuit may be initiated on the grounds of manufacturing and design defects as well as poor and inadequate warning instructions. The best defensive strategy for a company to avoid becoming involved in any of the above is to manufacture the safest product possible within parameters of economic feasibility. If said manufacturer can vouch for safety factors in the design, production, testing, inspection and evaluation of its product as well as attentiveness to consumer complaints, it will be more likely to avoid litigation or at least be able to prevail in the courtroom.
Automotive, Truck, Motorcycle, ATV, Heavy Industrial Equipment, and Marine Industries Consultant Mechanical, Electronic, Brake, Steering, and Systems Performance Testing & Analysis
Bachelor of Science (Chemistry and Physics) from Texas State University, 1984
World Class Certified ASE Technician, ASE Certified Master Technician in Heavy Duty Truck, Passenger Car/Light Truck, Collision Repair, and Machinist, (National Institute for Automotive Service Excellence)
36 years of technical, academic, operational, and managerial experience in the private and commercial transportation, heavy equipment, marine, and recreational vehicle industries
Extensive experience performing vehicle inspections and downloads of event data recorders and electronically stored information (ESI), including analysis, validation, testing, and preservation on almost all makes and models of vehicles and equipment
Primary areas of consultation: mechanical, automotive, CMV/truck, heavy industrial equipment, motorcycle/bicycle, marine, recreational vehicle, collision repair, tire failure analysis, testing and analysis include to include fluids, materials, and component parts, railroad/Hy-Rail, FMCSA/DOT compliance, commercial motor vehicle driver/operator qualification and compliance, job site and transportation safety claims and litigation.
LITIGATION AND CLAIMS INSPECTIONS
CRASH/ELECTRONIC DATA RECORDER/ECM DOWNLOADS AND ANALYSIS FROM ALL ON-BOARD MODULES, CONTROLLERS, AND GPS/VEHICLE TRACKING UNITS
FORENSIC TESTING AND SCIENTIFIC ANALYSIS
MOBILE MECHANICAL AND VEHICLE/EQUIPMENT DISASSEMBLY AND INSPECTION
EXEMPLAR, FLUID, AND METALLURGICAL TESTING
PRODUCT TESTING, PRODUCT DEVELOPMENT, AND PRODUCT DEFECT ANALYSIS
WORLD CLASS, HIGHLY DETAILED REVIEW OF VEHICLE MAINTAINCE RECORDS AND DQ FILES
COMMERCIAL MOTOR CARRIER SAFETY POLICIES & COMPLIANCE ANALYSIS
COMMERCIAL MOTOR VEHICLE DRIVER/OPERATOR QUALIFICATION & COMPLIANCE ANALYSIS
Advantage Forensics Inc. is a multi-disciplinary forensic engineering firm based in Ontario with service across Canada and the U.S.
Our firm was VOTED #1 in Expert Witness Accident Investigation & Reconstruction in Canada. Our team of over 30 experts and consultants are ready to assist you with your litigation needs in the following areas:
Product Failure Liability
Personal Injury Investigation
Road Lighting Safety Assessment
Road Signage Assessment
Traffic Safety Assessment
Data Recorder Download & Analysis
Floor Safety, Friction Testing & Audits
Safety Hazard Assessment
Playground Safety Inspection & Compliance
Product Safety Testing & Compliance
Product Warning Assessment
Fire Safety Assessment & Audits
President, Jason Young, B.E.Sc., M.A.Sc., P.Eng., is a licensed professional engineer with over 20 years of experience in Collision Reconstruction, Human Factors, Biomechanics, Patent Infringement, and Sports/Rec Accidents. Mr. Young has extensive trial experience during his career of over 2500 forensic cases, with great success for his clients. Mr. Young has a Masters in Biomedical Engineering and has lectured to fellow investigators, to academia and to the legal industry across North America over the past 15 years with numerous publications.
VP Kyle Serkies, B.A.Sc., M.A.Sc., P.Eng., is a licensed professional engineer specializing in Motorcycle Collision Reconstruction, Material Failure & Product Failure. Mr. Serkies is a motorcycle safety instructor and a sought-out guest speaker in his areas of practice, with outstanding attention to detail in both his investigations and trial-ready reports.
VP Dr. Essam Dabbour, Ph.D., P.Eng., is a licensed professional engineer specializing in Road Design, Road Safety & Traffic Safety. Dr. Dabbour is a world-renowned expert in road design and traffic safety, and has published extensive research in these areas, with exceptional depth of analysis and clarity of findings in his investigations and trial-ready reports.
Aerosol Technical Solutions(ATS) offers over 35 years of Aerosol Industry experience, providing a broad range of technical services to Marketers, Manufacturers, Contract Packagers, and Suppliers in the Aerosol Industry. Clients have included Unilever, P&G – Gillette / Clairol / Wella, Reckitt Benckiser, Johnson & Johnson, KIK Custom Products, Henkel/Dial Corporation, ConAgra Foods, Falcon Safety Products, the US Department of Defense, the Clorox Company, and Merck and more.
Technology Training - Aerosol Technology 101, Aerosol Product and Package Development, Aerosol Quality Control Systems
Technical Support - Aerosol Laboratory Design, Product / Package Stability Testing, Investigate and Reduce Consumer Complaints
Aerosol Manufacturing / Contract Packaging - Screen and Identify Suitable Co-packager for Aerosol Products, Process Development and Scale-Up, Manufacturing Audit Services: Safety and Operations
Aerosol Quality Systems - Design and Implement Product Specific QA Systems, Audit and Update Quality Assurance Systems, Process Validation
John Chadwick, Principal at ATS, is an AEROSOL TECHNICAL EXPERT with 35 years of Aerosol Industry experience. Mr. Chadwick has designed State-of-the-Art Aerosol Laboratories for Fortune 500 aerosol marketers. He's assisted multiple clients in identifying, analyzing, and resolving product development, manufacturing, and quality related problems.
Mr. Chadwick has also advised Quality Departments of contract packagers on the design and implementation of upgrades to their existing aerosol quality-assurance systems, and provided Quality Control Procedures to support the launch of new and improved aerosol products. He has invented a new technology, receiving issued and pending Patents in multiple areas of Aerosol Technology including Household Products, Hair Care, Cooking Release Sprays, VOC Reduction, and many more.
Mr. Chadwick's broad experience includes the following types of aerosols:
Household Products - oven cleaners, polishes, insecticides, air fresheners, dusters, etc.
Health and Beauty Products (HAB) - hairsprays, deodorants, mousse aerosols
Food Aerosols - PAM cooking spray, whipped cream
Automotive Products - lubricants, solvent sprays, de-greasers, refrigerants, etc.
While the attention to safety issues has dramatically improved over time, I am still amazed how often the simplest safety precautions are sometimes overlooked when filling aerosols sample with flammable propellants. I’ll save my horror stories for another article, except for one particularly relevant example.
I have been wandering around the aerosol industry for the last 35+ years both as an employee of major CPG companies, and, for the past 15 years as an independent aerosol technical consultant. While the attention to safety issues has dramatically improved over time, I am still amazed how often the simplest safety precautions are sometimes overlooked when filling aerosols with flammable propellants. I'll save my horror stories for another time, except for one particularly relevant example at the end of this article.
This series, "Aerosol Anatomy," will dissect and examine various technical topics in aerosol technology, including product development, new technology, components of the aerosol system, and quality control.
This article continues the Aerosol Anatomy series, which dissects and examines various technical topics in aerosol technology, including product development, new technology, components of the aerosol system, and quality control of aerosol products.
This is a continuation of the Aerosol Anatomy series, which focuses on dissecting and examining various technical topics in aerosol technology, including product development, new technology, components of the aerosol system, quality control and other related topics of interest to formulators and manufacturers of aerosol products.
Dr. Adam K. Aleksander, PhD, PE, CSP, has over 40 years of experience in the areas of Mechanical Engineering, Human Factors, and Safety Engineering. His consulting services include industrial projects related to utility and heavy industrial plant events, equipment failures, combustion, STG, chlorine, and material handling systems. Principal at ALEKSANDER & Associates and VP of an Energy Services firm, Dr. Aleksander has been a practicing engineer since 1972, focusing his Manufacturing, Consulting and Forensic investigations on Problem Definition and Root Cause Analysis of complex problems in confidential issues.
Dr. Aleksander has performed extensive research in his field of expertise. The author of numerous publications on Mechanical Engineering, Human Factors, and Safety Engineering, he has delivered lectures and presented seminars to such entities as the American Academy of Forensic Sciences, the International Academy of Forensic Sciences, and the National Academy of Forensic Engineers.
Fred P. Smith President - has retained over 600 times as an expert in intellectual property, and product liability cases where I have testified regarding claim construction, infringement, invalidity, breach of warranty, negligent misrepresentation. He has testified in court over 40 times in multiple state courts, Federal Court, before the Patent Trial and Appeal Board (PTAB), the Federal Trade Commission (FTC), and the International Trade Commission (ITC).
Mr. Smith has over 70 patents on such products with a number of patent applications still pending. He received the Utah Genius Award for being one of Utah’s top inventors. He has directed the development and improvement of a wide variety of products including:
hydraulically operated equipment, trucks, and related equipment, trailers, aerial lifts, industrial equipment, farm equipment, mobile equipment, material handling, forklifts, boom trucks, suspension systems, man lifts, garbage trucks, cranes, lift gates, pneumatic dump, front loaders, side loaders, automated loaders, rear loaders, recycling trucks, patient lift system, lawnmowers, roll-offs, liftgates, ziplines, and many consumer products.
ATech Designs, Inc. is a five-time award winning Product Development, Design and Consulting company. They have worked with clients in many different fields of work including the Medical Product Device Design and Development industry. The types of medical products ATech Designs, Inc. has developed include medical disposables, medical devices, laparoscopic devices, anastomotic connectors, catheters, intravenous (IV) devices, mitral valve repair devices, non-invasive surgical instruments, and knitted multi-pole pockets for RF endometrial ablation. Services Include:
Product Design and Development
Finite Element Analysis (FEA)
Root Cause Analysis / Dynamic Mechanical Analysis
Expert Court Witness
Karl R. Leinsing, MSME, PE, President of Atech Designs, Inc., is a Professional Mechanical Engineer who specializes in Medical Device Product Development from concept to production. Mr. Leinsing has been granted over 20 patents (needle free IV valves, laparoscopic devices, needlescopic devices, suture lockers, catheters, mitral valve repair devices, knitting machines) and excels in solving the most complicated problems and design challenges. The winner of five design awards, Mr. Leinsing is recognized as one of the top 100 medical device professionals in the nation by MD&DI. For dedication to his industry, he was made the 2014 Chairman of the Medical Device and Manufacturing Conference in Anaheim, CA. Mr. Leinsing has also been acknowledged for his work in a publication by Life Magazine.
Experienced Medical Device Experts can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled in the art of medical device design, testing, and manufacturing. This firsthand information can then assist with proper claim construction and infringement analysis. Experience with medical devices product development can also assist in determining what is obvious in the field and what is not as it pertains to patent validation.
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.
Biomedical Business Resources LLC is a network of experts in the Medical Device Industry. With over 35 years of industry experience, their services include:
Advisory - helping clients with strategy, operations, execution, and business building
Expert Witness - assisting attorneys with multiple expert reports, depositions, and testimony at trial and arbitration. Cases include disputes about intellectual property , product liability, and commercial contracts
Board Services - offering Independent Board Member services of medical device companies, public or private, with experience in building companies, and helping management teams in times of high growth and rapid change
Principal, Peter A. Crosby, has over 35 years of experience bringing multiple products to the world market from concept to market release. Mr. Crosby has been CEO of six medical device companies (public and private) in four countries, and member of the Board (including Chairman of the Board) of ten companies. His experience includes company formation, capital raising, product research and development, manufacturing, quality management systems, market launch, and sales management. With over 30 US patents and applications, he has managed the intellectual property portfolio of multiple companies.
Mr. Crosby's product experience includes implantable devices (cochlear implants, cardiac pacemakers, implantable defibrillators, artificial heart, neurostiumulation), in vitro diagnostics, imaging (ultrasound and X-ray), software, AEDs, and patient monitoring. His clinical domain experience includes ophthalmology, otolaryngology, cardiac surgery, cardiology, orthopedics, pain management, anesthesia and intensive care.
Imagine this scenario: Early stage company Smallco develops an exciting new technology, which it uses to create the prototype of its first product - Brakethroo! A large company in the same field, Bigco, becomes aware of Brakethroo, and realizes that if the product works as hoped, it could be a valuable addition to Bigco's product range. Bigco offers to buy the technology and product from the shareholders of Smallco. The merger and acquisition (M&A) agreement specifies an up-front payment, and one or more payments dependent on achievement of milestones. Bigco agrees to use "commercially reasonable efforts" to achieve the milestones. Smallco and Bigco sign the agreement, the shareholders of Smallco get an immediate payout and look forward to further milestone payments.
Creative Product Solutions, LLC provides engineering consulting services to the Consumer Goods Industry, including various Appliance and Product Manufacturers. Their services are available to clients with specific projects or intermittent support for the same client as needs arise.
Creative Product Solutions offers GD&T and dimensioning schemes which are functionally focused to relate component dimensions directly to product performance. This strategy has demonstrated improved product performance and reduced field service incident rate significantly.
Product Design and Development
Product Safety Testing
Product Approval Testing
Quality / Manufacturing Processes
Root Cause Analysis
Test Plans / Data Analytics
Product Field Investigations
Robert C. Hoffman Jr, PE, CFEI, Principal at Creative Product Solutions, LLC, is a licensed Professional Engineer certified as a Fire and Explosion Investigator. With 30 years of experience, the primary focus of his knowledge is a deep understanding and application of all aspects of Product Safety for the Consumer Goods Industry.
Background Experience: For 27 years, Mr. Hoffman worked with the Whirlpool Corporation in various roles. He served the company as a Drum Sub-System Design/Development Engineer, a Laundry Product Approval Engineer, and Dryer Platform Structures Sub-System Leader and Engineer. His final position with the company before retirement was Principal Engineer, a position he served in for 8 years.
Mr. Hoffman's primary areas of specialization are Heat / Combustion Containment strategies, and Electrical System Design strategies in expected customer abnormal use. His involvement in field investigation evaluations and product liability support allow him to understand how products react in the field and produce both relevance safety tests and design solutions.
Registered Professional Engineer in the State of Michigan
Certified Fire and Explosion Investigator (CFEI)
Master Certified in Design for Safety
Master Certified in Force Failure Testing
Certified Statistical Blackbelt
Member of the UL Standards Technical Panel for Appliance Codes related to Clothes Washers and Dryers
In most US households there are all types of consumer products used every day that add value to the people using them. The product performs a chore or other household task more efficiently, adds entertainment value to their lives, or delivers a basic necessity such as heat, AC, or hot water. Most of these products use some form of energy to produce the desired function.
DMA Economics, LLC is a world class provider of Valuation Analyses in high-stakes litigation. Their clients include billion-dollar investment funds under SEC investigation as well multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.
DMA Economics has performed valuations for cases involving Theft of Trade Secrets, Securities Fraud, Product Mislabeling and Consumer Fraud, and Lost Profits and Enterprise Value to name a few. DMA Economics also has extensive experience in the valuation of business interests for non-litigation matters. These include but are not limited to valuations of non-public business interests, for acquisition and regulatory purposes.
Donald M. May PhD, CPA, Managing Partner at DMA Economics, LLC, possesses over 30 years of Valuation and Economic Damages experience. He implements a broad range of damage analyses and valuations for clients including billion dollar investment funds under SEC investigation as well as smaller businesses concerned with the impact of potential litigation and strategies to reduce potential liability.
Background Experience - Prior to founding DMA Economics LLC, Dr. May was Managing Director at Berkley Research Group and the Principal in charge of valuation and litigation support services for a regional accounting firm, a Managing Director for PricewaterhouseCoopers, and a professor at the Massachusetts Institute of Technology - Sloan School of Management. He has performed over 200 valuations of closely held businesses across numerous industries for financial reporting and estate planning. Dr. May has been published in several distinguished academic and practitioner journals such as The Journal of Finance, The Quarterly Review of Economics and Finance, Hedge Fund Law Review, and is currently an editorial board member of The Journal of Business Valuation and Economic Loss Analysis.
Mascara falsely labeled as being natural. Label claims “Natural” fibers on mascara are alleged and proven to be false. Class action filed and DMA Economics is tasked with computing aggregate damages to the class who purchased the mascara at a premium because they believed it was natural.
The fund managers were alleged to have violated their fiduciary duty to maintain proper diversification in the fund by allowing one particular security to make up more than 25% of fund value and up to over 40% of fund value by mid-2015.
This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.
Kenneth D. Martin has over 40 years of experience specializing in Doors, Gates, and Docks. His background includes a wealth of knowledge in door manufacturing, product design, product safety, installation, and repair. Litigation Support - Ken is uniquely qualified to assist attorneys, insurance organizations, and investigators across the nation. He offers services to both plaintiff and defense, claimant and respondent, with experience in both state and federal cases, civil, and criminal, including litigation, arbitration, mediation, and settlement.
Mr. Martin's expert witness services include expert testimony on any door or gate-related matter, expert reports and affidavits, depositions, and trial testimony as needed. He is a Licensed Door & Gate Contractor in 3 states, including Utah (current- Door & Gate), Nevada (current- Door & Gate), Arizona (current- Door). Ken is also accredited by the Institute for Door Education & Accreditation (www.dooreducation.com).
Areas of Expertise:
Residential & Commercial Garage Doors
Automatic Sliding Doors
Causal and Failure Analysis
Falling Doors, Broken Doors
Electric Operators / Entrapment Protection Devices
Controls, Wirings, Unexpected Operation
Torsion Springs Failures (cables, and brackets included)
Pinch Points and Sharp Edges (amputations, avulsions, etc.)
Dr. Box Consulting, Inc. is one of the highest respected consulting firms dedicated to thePackaging industry. Since 2010, it has become a globally renowned source for packaging process improvement, purchasing, manufacturing, distributing, shipment, and packaging environments. Dr. Box Consulting Inc.'s clients include Fortune 1000 corporations around the world and the Governments of the United States, Afghanistan, Tajikistan and the Country of Georgia.
Business Consulting Services:
Packaging and Business Improvement - Waste reduction, quality improvement, safety improvement, profit improvement, lean manufacturing, machine productivity improvement, overtime reduction, on-time-delivery improvement and many other business improvement areas. A global leader in Packaging Procurement results.
Packaging Design and Branding - Assess packaging lines, improve efficiency, reduce material cost, design cost-effective packaging utilizing better and more flexible designs to protect and display products.
Branding - Design packaging, proper color choice, placement and designs of logos, names of products, placement of wording on the product and packaging for cosmetics, food products, household goods and many others.
Packaging Research - Market assessments to determine the viability of building new plants in specific areas, including economic analysis, trend analysis, assessment of potential competitors’ strengths and weaknesses, market pricing analysis, and determination of potential customers.
Randy Phares, President and CEO of Dr. Box Consulting, Inc., is a Packaging expert specializing in Corrugated and Folding Carton Packaging. He has over 30 years of progressive leadership experience in Packaging, Procurement, Shipping, Lean Manufacturing, Quality, Safety, Productivity, and Business Improvement.
Since he began his career in 1990, Mr. Phares has held almost every job in packaging operations. These include manufacturing, distribution, sales, design, safety, and transportation.
Mr. Phares has served as a consultant for the Technical Association of the Pulp and Paper Industry's (TAPPI) Consulting Council. He was also the Vice Chair of the Packaging Consultants Council for the Institute of Packaging Professionals (IOPP) and President of the South Texas Manufacturer’s Association.
Mr. Phares has spoken and keynoted National, International and Local conferences. He has been hired to do DOT Packaging HAZMAT training for paper, rigid, and flexible packaging. Mr. Phares has done leadership training, Lean Manufacturing training, sales training, machinery training, new Supervisor training, safety training, and much more.
E & S Consulting, Inc., is a Florida registered professional engineering firm dedicated to bringing clients top-level consulting engineering services. E & S Consulting specializes in Product Liability litigation and expert testimony, however, they routinely perform Failure Analyses in non-litigation matters. They provide services to attorneys, insurance companies, state and local agencies, as well as manufacturing companies.
Multi-channel Temperature Profiles
Scanning Electron Microscopy
Energy Dispersive Spectroscopy
President and Principal Investigator, Edward S. George PE, has over 30 years of experience in the field of Product Liability and Failure Analysis.
Mr. George earned his BS and MS degrees from the University of Florida Department of Materials Science and Engineering, graduating with a specialty in metallurgy. He is a licensed professional engineer in the State of Florida. Mr. George is a member of The National Society of Professional Engineers, The American Welding Society, The National Association of Forensic Engineers, The Florida Engineering Society, American Water Works Association, and The International Society for Fall Protection.
Mr. George has experience in a variety of material failures including: