Business Management Expert Witnesses: 12

Eric Kimberling, MBA, is one of the most recognized and respected independent Enterprise Resource Planning (ERP) systems expert in the world, giving 100% unbiased advice to clients for more than 20 years. Mr. Kimberling has been quoted in hundreds of articles, including the Wall Street Journal, CIO Magazine and Fortune. He provides keynote speeches at industry conferences and universities worldwide, and continually provides industry thought leadership through his YouTube channel, along with blogs, podcasts, webinars. He is the author of multiple acclaimed books, including, “Lessons from 1,000 ERP Implementations,” “Guide to Successful Digital Transformations,” and others.

Throughout his career, Mr. Kimberling has been called upon to investigate the feasibility of litigation, provide witness testimony and build background reporting for the industry’s highest-profile ERP lawsuits, Waste Management v. SAP, Lyons Magnus, Inc. v. Fujitsu America, Inc.; Partner Services, Inc v. Avanade; Kathy Pishghadamian v. Nicor Gas; Flotek Industries, Inc. v. CD Group, Inc.; Midwest Tape LLC v. ESR Associates, Inc.; and Whaley Food Service Repairs v. Epicor to name a few. Eric is actively involved in implementations and project recoveries, giving him a unique and up-to-date experience with modern enterprise technologies.

Areas of Expertise:

Organizational Change Management Implementation Methodologies Sales Cycle Fraud and Misrepresentation Contract Compliance Consultant Errors

Budget Overages Project Governance Software Customization Project Team Staffing Software Schedule Delays

Eric holds an MBA with an emphasis in operational strategy and a Bachelor of Science in business administration from Daniels College of Business at the University of Denver. He is also Six Sigma certified and a certified practitioner of multiple ERP solutions, including SAP, Oracle, Microsoft Dynamics, Epicor and Infor, among others. He has won numerous industry awards for his experience and contributions, including Supply Chain Pro to Know and Best Independent ERP Blog from ERP Focus.

 View Eric Kimberling's Consulting Profile.

As a highly professional & credible Expert, Consultant, & Speaker, Jean Seawright has provided trusted advice & HR Consultation to thousands of organizations nationwide. As president of Seawright & Associates, a Human Resource Management-Consulting Firm, Ms. Seawright is widely respected for her knowledge of state & federal employment regulations including, but not limited to FLSA, ADA, FMLA, Title VII, & others.

Since 1987, she has focused on engagements involving hiring, coaching, & terminating employees; regulatory compliance; charges of discrimination; performance management systems; internal investigations (including harassment); employee handbook development; compensation plan design; HR audits; hiring systems; job descriptions; & others. Ms. Seawright is a frequent speaker at state & national trade associations & is the author of numerous articles & publications in the field of human resources, including the popular book, The Employment Genie®, an exclusive hiring, coaching, & termination system for businesses. 

Areas of Expertise:

• Negligent Hiring and Retention
• Discrimination and EEO Compliance
• HR Policies and Programs
• FLSA and Wage and Hour Compliance
• Harassment
• Expert Witness Services for Employment Law Matters
• ADA
• FMLA
• Hiring Procedures
• Title VII
• Employee Handbooks

Ms. Seawright is available for case analysis, case theory evaluation, expert witness reports, depositions, analysis of other expert testimony, and trial testimony.

David Sinai is the President of the Petroleum & C-Store Management Group®, a division of Grand Classic Oil with the corporate office located in Century City, CA . His company Manages and Operates Gas Stations, Convenience Stores, and Car Washes throughout the United States. Mr. Sinai's clients include banks, private owners, dealers, private investors, oil companies, and attorneys. He actively manages a ground team that works seamlessly with clients to enable a smooth take-over of facilities. On average, his team manages and operates over 200 locations monthly. The facilities managed exceed over 5,760,000,000 gallons of gasoline / diesel products and over $2,936,000,000 of convenience store products. Mr. Sinai and his team have provided expert witness testimonial services in all 50 states, in State and Federal Courts, for clients on litigation and/or eviction cases such as:

• Lender and Borrower Disputes
• Oil Company and Operator Disputes
• Oil Company and Related Supply Contract Disputes
• Partnership Income and Expenses Disputes
• Environmental Matters
• Underground UST System Matters
• Site Assessments
• Valuation and Recovery
• Phase I and Phase II Matters

Mr. Sinai was recently a guest speaker on October 17th, 2014 as lead consultant for a group of attorneys on IRWA Right-of-Way education (California Inland Empire Chapter 57) that was coordinated by Law Offices of Best Best & Kreiger, LLP., Law Offices of Murphy & Evertz LLP., Law Offices of Brissman & Nemat, and Pierce Law Firm On the matters related to Metro Mega Projects, Eminent Domain, and Right Of way. View David Sinai's Consulting Profile.

Panorama Consulting Group specializes in Enterprise Resource Planning (ERP) Systems and has multiple testifying experts for failed software litigation. This high-profile firm is called upon to investigate the feasibility of litigation, provide software expert witness testimony, and build background reporting for some of the industry’s highest-profile software lawsuits. They have worked with organizations ranging from multi-national conglomerates to boutique and large law firms, as well as state offices of the Attorney General.

As independent enterprise software experts, Panorama Consulting Group has hands-on experience with hundreds of software vendors. Their firm is not tied to a single law firm or software vendor, allowing them to focus on all types of clients and industries. 

Bill Baumann on Expert Witness Testimony

Listen to Panorama Consulting Group's podcast episode: What Would Your Failed Enterprise Software Implementation Say if it Could Talk?

Litigation Support: The experts at Panorama Consulting Group work for both plaintiffs and defendants, software vendors and system integrators, and their customers. Their differentiator is using a team-based approach to provide expertise beyond just the testifying expert, which is cost-effective and efficient for their clients. They have multiple software expert witnesses available for provision of reports, depositions, and testimonies.

Allegations Addressed:

Fraud and Misrepresentation Breach of Contract “Off-the-shelf” Software Capability Misrepresentation and Claims Undefined Roles / Poorly Executed Responsibilities (Internal project team, VAR, ERP vendor, ERP consultant, or system integrator) Lack of Skills and Competencies Poor Project Management

Poor Benefits Realization Poor Implementation Planning, Resourcing and Budgeting Errors in Customization Errors in Integration ERP Failure Operational Disruption or  Loss Related to the ERP System

View Panorama Consulting Group's Consulting Profile.

Nevium’s experts are trial-tested IP custom & practice damages experts who take a hands-on approach with all their IP litigation assignments. Whether you are in need of an expert to calculate economic damages as lost profits / unjust enrichment, give an opinion on specific business clauses in a license agreement or to leverage Internet and Social Media analytics to prove or disapprove infringement, Nevium has the experience and expertise. 

Litigation Support:Nevium works closely with C-Level executives, in-house and outside counsel to implement the best possible business strategy that intertwines with the legal strategy. Nevium is part of the team early on in the litigation process assisting with discovery requests and deposition questions. Nevium’s experience and expertise allows the managing attorney to focus on the legal issues knowing that Nevium is proactively taking care of the business side of the case. As experienced Intellectual Property Consultants, they have real-word, hands on IP management, monetization and valuation experience that plays out well in front of a judge and jury. Nevium professionals provide IP expert witness testimony related to economic damages in a range of lost profits, unjust enrichment, relief from royalty, reasonable royalty, relief from pay per click, corrective advertising and IP valuation. They author reports and provide testimony for federal and state court claims, arbitration, and mediation related to false endorsement, defamation, infringement and unfair competition. 

Litigation Expertise

Trademark Damages Copyright Damages Patent Damages

Publicity Rights Damages Defamation Damages Internet and Social Media Damages

Areas of Analyses Expertise

Lost Profits Relief from Royalty Reasonable Royalty

Unjust Enrichment Relief from Pay Per Click Corrective Advertising

Past Law Firm Clients

Akin Gump Strauss Hauer & Feld Gordon & Rees Higgs Fletcher & Mack Latham & Watkins Pillsbury Winthrop Shaw Pittman

Dorsey & Whitney Greenberg Traurig Husch Blackwell McGuireWoods Winston & Strawn

Doug Bania, CLP, Founding Principal
Doug Bania is a founding principal of Nevium Intellectual Property Consultants.  Nevium is an intellectual property consulting firm specializing in developing IP strategies, IP valuation and monetization of IP as well as providing expert testimony related to IP damages and licensing customs and practices. He has been the named expert for over 75 cases, deposed 20 times and has provided trial testimony 5 times.

Mr. Bania is a Certified Licensing Professional (CLP), a Google Analytics Certified Individual (GAIQ) and is a past committee member (2016 - 2019) for the International Trademark Association (INTA) Internet Committee and the ICANN Compliance and Domain Name Industry Subcommittee, a current member of the INTA Right of Publicity Committee and the American Bar Association (ABA), Copyright & Social Media Committee.

Mr. Bania specializes in analyses for copyright, trade dress, trade secrets and trademark infringement, publicity rights, social media and Internet infringement, defamation, marketing strategy analyses, royalty rate determinations and other intangible assets. Mr. Bania also provides valuation and monetization strategies for trademarks, trade secrets, publicity rights, domain names, Internet and social media assets, brands, copyrights and other intangible assets for financial reporting, bankruptcy and transactional due diligence.

San Diego Office 415 Laurel Street, Suite 341 San Diego, CA 92101 Telephone: 858-255-4361 Email: info@nevium.com

Los Angeles Office 9107 Wilshire Blvd., Suite 450 Beverly Hills, CA 90210 Telephone: 310-975-3145 Email: info@nevium.com

View Nevium's Consulting Profile.

Richard Singer is the leading expert in Golf Facility Operations, Transactions and Valuation Consulting. He has been qualified as an expert witness in cases involving golf course transactions, valuations, liability, economic potential, usual and customary practices and business plan preparation.

Mr. Singer has been the Director of Consulting Services for the National Golf Foundation (NGF) since 1997, and now has a total of 26 years of golf facility consulting experience. He first joined the NGF consulting staff in 1989 as a project analyst after completing his Finance MBA at the University of Florida. Mr. Singer has successfully managed the NGF’s well-known golf consulting practice with an industry-respected track record of success and a reputation for delivering projects on time and on budget.

Mr. Singer’s consulting services for alternative golf facilities have included both new development and operational reviews for driving ranges, putting courses, miniature golf courses, golf learning centers, executive / par-3 courses, and various combinations with other facilities. He co-authored the NGF publication How to Plan, Build and Operate a Successful Golf Range.

Experience Includes:

Golf Facility Feasibility Analysis Golf Operations Consulting Account Management Real Estate Master Planning Expert Witness Financial Analysis Business Plan Preparation

Budgeting / Planning Public Presentations Golf Business Valuation Golf Market Analysis Staffing / HR Proposal Writing Credit Evaluation

Golf Facility Operations Consulting Services Include:

Golf Course Inspections Operational / Accounting Audits Management / Operations Contract Preparation Clubhouse Design / Needs Assessments	RFP Preparation Assistance Golf Marketing Strategies Green Fee / Member Pricing Business Plan Preparation Litigation Assistance

Michael C. Buck, President of MCB Consulting, is a Transportation Expert with over 30 years of experience. He has provided world class Fleet Maintenance Management by developing methodical policies and procedures monitored by performance metrics ensuring regulatory compliance while simultaneously providing leadership with the tools and authority to effectively assist their customers.

Subject Matter Expert / Litigation Support - MCB Consulting consistently decreases deposition and trial preparation time and increases the probability of successful judgments. He has assisted attorneys for both plaintiffs and defendants in gaining a greater settlement or mitigating a client’s losses.

Litigation Procedure – Once we have exchanged a signed NDA (Non-Disclosure) Agreement, I will make an initial review case and determine if and how the case can be supported. An initial report will be tendered defining these key points. An interrogatory (report) will be developed outlining in explicit detail how the case will be supported for the client (Plaintiff or Defendant).   

 Billing Rate and Expenses – 

• Initial review of the case is considered the retainer. 
• Billing rate for consulting, trial, and depositions is $250.00 per hour.
• Travel time is billed at $250.00 per hour for only the initial leg of the trip, not for the return.
• Travel and hotel expenses are billed at cost.
• Meals are not charged to the client.
• Mileage will be billed at the current IRS rate per mile.
• Invoices are due upon receipt and will be subjected to a late fee after 15 days. 

To assist in litigation, MCB Consulting is prepared to accomplish the following:

• Evaluate processes in respect to DOT, EPA, OSHA, State, and local regulations including proper documentation
• Analyze maintenance processes and pertinent subsequent records for adherence to generally accepted industry practices.
• Evaluate and respond to validity of given depositions, trial testimony and exhibits.
• Appear in court as a subject matter expert to support your trial proceedings or be deposed on your behalf.
• Determine if the incident/accident was caused by improper maintenance practices, part failure, operator error, or failure to adhere to regulatory compliance. Evaluate the competence of the Fleet maintenance and Fleet Safety programs.
• Evaluate maintenance processes in respect to manufacturer recommendations.

MCB Consulting would like to assist you in your Commercial Transportation Litigation.

View MCB Consulting's Business Consultant Profile.

Robert Bates, JD, CPA, CFE, CVA, has over 30 years of Financial Management and Accounting experience as a Controller and CFO in various industries. He has been in several industries, including telecom, media, retail and financial services in addition to having consulting experience at startups in the software, technology, and life sciences fields. 

Mr. Bates specializes in International Accounting, Software Issues, and Obtaining Financing. The CFO of a public company, he has completed due diligence accounting/reporting for 12 acquisitions, including performing Business Valuations and dealing with FAS 142 issues. Mr. Bates has handled accounting for complex debt instruments including warrants, beneficial conversion feature, and other derivative issues. He has also been responsible for SEC reporting: 10Q’s and 10K’s. 

Litigation Support - Robert Bates has worked with dozens of lawyers on over 50 cases in various states. Sometimes he provides financial support for a client in litigation, or pre-litigation, and other times he provides a report, such as a damages calculation, which can be used in litigation. He also has experience providing testimony in depositions and trials. 

Legal Services:

• Unbiased Case Analysis
• Discovery Review & Recommendations
• High-Impact Demonstrative Exhibits
• Strategy and Tactics Conferences
• Damage Calculations
• Cash Flow Analysis Reports
• Profit and Loss Analysis

View Robert Bates' Consulting Profile.

Dennis E. Coleman, JD, MPH, has over 40 years of experience in Hospital and Healthcare Management. In 1990, he formed his own hospital administration / healthcare management services consulting firm provide healthcare management services to various healthcare provider clients in a variety of areas, including strategic planning, business development, operations management, sales and marketing, policy & procedure development, and human resources management.

Mr. Coleman's academic background includes a Juris Doctor degree from Southwestern University in Los Angeles and a Masters in Public Health degree with a Hospital Administration major and a Bachelor of Arts degree in Political Science, both from the University of California, Los Angeles.

Litigation Support - As a hospital administration expert witness consultant, Mr. Coleman is an advocate for applying community standards which are relevant, based upon the time frame, subject matter and administrative practice(s) appropriate to each case. He has consulted and provided case review, expert witness services, and/or strategic litigation preparation services in more than 200 legal matters. He accepts cases on behalf of Plaintiffs or Defendants.

Mr. Coleman is willing to serve as either a work product consultant or a designated expert based upon the particular strategic litigation needs of each case.

Cases Include:

• Medical Staff Credentialing & Clinical Privileging / ELAM
• Negligent Credentialing, Negligent Supervision, Negligent Retention
• Hospital / Physician Relations-MEJIA Ostensible Agency Issues
• Administrative Community Standards
• Medical Staff Bylaws, Rules & Regulations
• Provider-Based Physician Contracting Negotiations & Contract Administration
• Administrative Policies & Procedures
• Hospital Joint Commission Accreditation, Licensing & Regulatory Compliance Issues
• Wrongful Termination / Constructive Discharge / Whistleblower Issues
• Patient rights; Informed Consent
• Patient Safety; Environment of Care
• Governance; Corporate Negligence

View Dennis Coleman's Consulting Profile.

Bryan L. Parker, CPA/PFS, CFP, CLU, ChFC, CASL, FCPA, is a Certified Forensic Accountant with over 30 years of experience in his field.

Background - Prior to founding Bryan L. Parker, CPA, LLC, Mr. Parker held the position of CFO at McPherson Oil Company ($300 million + annual revenues) where he was responsible for advising and negotiating banking relationships, acquisition review, acquisition integration, financial reporting, and interaction with external auditors. His experience also includes serving as VP of Mergers & Acquisitions for Citation Corporation (Public Co.) and CFO of TIC United Corp., Dallas, TX ($300 million + revenues).

Mr. Parker has performed business valuations for more than 100 businesses in a variety of industries including manufacturing, trucking, printing, fuel oil distribution, motor/lubricating oil distribution, professional services, restaurants, fast food franchises, metal foundry, metal forge, machining, and plastic injection molding.

Litigation Support - Mr. Parker provides expert witness services to attorneys representing both plaintiff and defendant. He offers Forensic Accounting services, written reports, deposition, and trial testimony as needed.

Areas of Expertise:

Forensic Accounting Money Tracing Business Valuations

Divorce Settlements Business Damage Analysis Earning Capacity

View Bryan Parker's Consulting Profile.

The Equine Expert is a renowned equine firm spanning dozens of disciplines and specializations in the Equine Industry by first-class horsemen and women, professional and top amateurs, with hands-on knowledge of the horse world. With a collaborative firm culture and a reputation for unparalleled professionalism and integrity, their hand- picked team of equestrian experts provide expert witness services in a variety of areas such as business, insurance, liability, equine death, sales, valuations, fraud, estates, taxes, and medical  malpractice.

Litigation Support - Bridget R. Brandon and her team at The Equine Expert support defendants and plaintiffs throughout the United States in State and Federal courts by providing expert testimony, consulting services, litigation support, formation of case strategy, quantifying of damages, settlement negotiations, and assisting the legal team to better understand the sensitivity of the issues involved. Specializing in high-stakes, complex matters, they work collaboratively to create appropriate, well-reasoned research and analysis, advice, reports and expert testimony. 

Services:

Expert Witness Testimony Expert Witness Consulting  Arbitration / Mediation  Verbal or Written Opinions  Preparation of Rebuttal Questions Deposition and Testimony Questions Review and Analysis of Case Merits

Accident Reconstruction Forensics and Analysis Education of Attorney on Equine Industry Valuations and Appraisals Review of Opposing Valuations and Appraisals Pre-trial Investigation and Research Tack and Equipment Analysis

Areas of Expertise:

Liability Personal Injury Horse Behavior Equine Physiology Horse Breeding Horse Industry Standards / Safety Procedures Equine Death Cases Medical Malpractice Cases Farm and Ranch Operations and Management Care Custody and Control  Fraud  Transaction Disputes

Syndications         Buying and Selling Boarding and Horse Care        Rental Stables Trail Rides and Rental Horses Horse Shows         Loss of Future Income Breeding Estate Analysis Divorce Settlement Tax Resolution Riding, Training, and Teaching

    View ValueMyHorse's Consulting Profile.

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:

• Mergers & Acquisitions
• Leveraged Buyouts and Recapitalizations
• Fairness Opinions and Fairness Issues
• Adequacy Opinions
• Solvency Opinions
• Bankruptcy issues, including fraudulent conveyance
• Valuations
• Advice to Special Committees of Boards
• Due Diligence and Disclosure Issues
• Fiduciary Issues
• Damage issues and analysis
• Lender Liability
• Fee issues
• Document Interpretation and Standards from investment banking point of views
• Criminal cases involving alleged securities violations and insider trading
• Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
• Venture Capital
• Leasing and Real Estate Financing

Background: William H. Purcell has been an Investment Banker for over 50 years. He was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. He also has served as interim CEO of a public company and has served on Boards of Directors. 

Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

 View Consulting Profile.