Bars / Nightclubs Expert Witnesses: 4

Michael J. Canaan, CPP CFLC, is a Premises Liability Expert Witness with over 45 years of experience in military and civil law enforcement, as well as corporate and private sector security and investigative positions.

Assignments have taken him from the Bering Sea to Southeast Alaska, across Canada and the United States, to countries in Central and South American in case venues ranging from educational settings, amphitheaters and stadiums, nightclubs and sports bars, ships, casinos, retail environments, food processing facilities, malls, and shopping centers.

Expert cases have involved evaluating failure to meet best practices, duty or standard of care in areas such as:

• Inadequate or negligent hiring, retention, training, supervision, staffing, and terminations
• Use of force or excessive force, threats, harassment, and intimidation
• Inadequate or non-non-existent policies and procedures, post orders
• Assaults, voyeurism, rape, sexual assault, robbery, shootings, stabbing, and homicide
• Security technology integration, improper or inadequate physical security infrastructure or systems installation
• Workplace violence

Mr. Canaan has worked over 35 expert cases, with testimony experience in both deposition and trial.

He is Board Certified in Security Management by the American Society for Industrial Security, International. ASIS is the largest professional security practitioner association with over 38,000 members worldwide, of which only 2200 have received this prestigious certification. Mr. Canaan is also a Certified Forensic Litigation Consultant with the Forensic Expert Witness Association.

View Michael Canaan's Consulting Profile.

Profile: Mr. Foster has over 25 years experience in corporate security management, law enforcement and security consulting, including physical security, security guard operations,regulatory compliance, security training, and the purchase and maintenance of security equipment. As a consultant, he has developed and/or audited security programs involving financial institutions, multi-unit residential properties, hotels/motels, retail stores, high rise office buildings, shopping malls, parking facilities, college campuses, lounges, jewelry stores, truck stops and other commercial properties. He is frequently retained as a litigation consultant by law firms representing plaintiffs and defendants in negligent security lawsuits. He has testified at trial as an Expert Witness in the field of security on numerous occasions.

Mr. Foster has served as a detective with assignments in burglary, auto theft, and homicide and as the Vice President for security for a state-wide bank. He has been an adjunct instructor at two colleges teaching courses in criminology, criminalistics, criminal justice management and computer fraud. He has made numerous presentations to national security, banking, business and consulting associations and groups on a variety of security-related topics, including negligent security and risk analysis.

Services: Risk Assessments; Security Surveys and Assessment; Financial Institutions Security (ATMs, after-hour depositories); Litigation Avoidance; Litigation Consulting / Expert Witness Services.

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:

Management & Operations Income Analysis & Valuation Employment, Hiring & Labor Issues Lost Profits & Future Earnings Business Interruption Planning & Feasibility Upkeep & Maintenance Customs & Trade Practices Standards of Care

Franchise, Management & Operator Contracts Brand, Franchise, Franchisee Apparent Agency Issues Safety & Security Contractor & Entertainment Use Food & Alcoholic Beverage Handling Costs, Economic & Marketing Impact Procurement & Purchasing Landlord / Tenant, Operator & HOA Issues Discrimination & Harassment Construction or FF&E Problems

View Dennis Gemberling's Consulting Profile.

J. Patrick Murphy has over 40 years of experience in Law nforcement, Security Management, and Corporate Loss Prevention. Mr. Murphy's background as a Fortune 50 company security director provides a strategic view of operations, security planning, and liability. His continuing education in the area of security case law and his unique approach to investigating cases make him a valuable Security Expert Witness to any litigation team. His hands on approach and advice during the discovery phase of the case can often be pivotal in determining the ultimate outcome.

Mr. Murphy provides Security Expert Witness testimony for plaintiff or defense in a broad area of security liability. He specializes in Crime Analysis to establish Foreseeability and to determine the Reasonableness of security measures. Mr. Murphy has extensive litigation experience opposing Wal Mart. Plaintiff 60% Defendant 40%

Areas of expertise:

• Premises Liability and Inadequate Security - apartment communities, bars and Other adult Entertainment venues, malls and shopping centers, parking garages / lots, motel, restaurants
• Retail Loss Prevention - hiring, training and supervision, false arrest, shoplifting, excessive use of force, death during apprehensions, false imprisonment, employee theft, wrongful termination in malls, and major retail settings
• Bouncers, Bars, Nightclubs, and Security Guards - mall security, shopping center security, proprietary and contract security guards and off duty police
• Insurance Casualty Claims - adequacy of security hardware such as burglar alarms, robbery alarms, closed circuit television (CCTV), fencing, fictitious pickups of goods and cargo theft at warehouses and distribution centers