Business Planning Expert Witnesses: 14

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.

Thomas W. Caldwell, PE, has over 40 years of experience in Materials Research and Development, Process and Product Development, and Manufacturing Operations in the Precision Cast and Machined Products industry.

Mr. Caldwell has designed and manufactured components for consumer and industrial products, including safety-critical applications such as aircraft landing gear brakes, seat belt lockup devices, windshield wiper, and window lift motor systems. He has experience creating and guiding technology development and manufacturing partnerships in Europe and Asia, licensing and selling intellectual property and creating supply chains in China.

Mr. Caldwell has lectured in the USA, Germany, Switzerland, and India on manufacturing premium quality metal products and manufacturing processes, and was a technical paper peer reviewer for 20 years for the Society of Automotive Engineers. A United States patent holder, he has published peer reviewed research in electrochemistry and materials processing, and has written and spoken numerous times on the subject of Materials Selection.

Litigation Support - Thomas W. Caldwell, PE, is a testifying and consulting expert for both plaintiff and defense counsel. His cases involve product failure for ferrous and non-ferrous alloy products such as hand tools, recreational and exercise equipment, fire fighting apparatus, rotating industrial machinery, construction hardware, piping, and lighting fixtures. Mr. Caldwell utilizes destructive and non-destructive methods for insuring product integrity.

Areas of Expertise:

Design Engineering Materials Failure Analysis Materials Engineering Mechanical Engineering Metallurgy Power Tools Products Liability Design Defects

Manufacturing Defects Fitness for Use Equipment Operation and Maintenance Accident Reconstruction Material Selection Manufacturing Process Design and Scale Up Safety Component Product Quality Control Safety Component Quality Systems Management

View Thomas A. Caldwell'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.

Brian Buss, CFA, Founding Principal, is a Chartered Financial Analyst with over two decades of experience providing intellectual property and business valuation, expert testimony and transaction advisory. Mr. Buss provide solutions for IP owners, attorneys and licensees both in the United States and overseas. He has a bachelor’s degree in Biology and Economics from Claremont McKenna College and completed the Executive MBA program at San Diego State University. 

An expert in valuation and economic damages calculations, Mr. Buss has valued copyrights, brands, patents and business interests across a wide range of industries from apparel companies to airports and from technology start-ups to global consumer products companies. Often engaged to analyze unique and proprietary assets and their economic impact and contribution to financial results, he works closely with clients and counsel to develop thorough yet clear and understandable analyses.

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

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

Furniture Based Disputes, Claims, or Legal Actions Chair Failures Seating Product Liability Personal Injury Purchasing Disputes Seating Product Design / Performance Issues Design Knockoffs

Sales Rep. Commission Disputes Designer Royalties Exclusive Distribution Agreements Product Evaluation Warranty Issues Product Launch Failures Private Label Development Agreements Evaluation of Management Performance

View Leonard Backer's Consulting Profile.

Keegan Linscott & Associates, PC is a full-service accounting firm with more than 27 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.

KLA's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in-depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact-finding, discovery, settlement negotiations, trial support, and expert witness testimony.

The professionals at KLA have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.

Litigation Support Services:

• Analyze damages involving commercial litigation and damages involving individuals, including lost profit analysis, owner disputes, employee/employer disputes, personal injury, and business interruption claims
• Evaluate the opposing party's financial damages report to uncover any hidden facts or missing information in a business damages case
• Divorce litigation, including analysis of sole and separate property issues
• Locate hidden assets
• Analyze preference claims, inter-company transfers of assets, and fraudulent conveyances

Christopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan Linscott & Associates and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services.

Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now Price­water­houseCoopers), and Peat Marwick (now KPMG). He has more than 30 years of ex­perience in public accounting.

Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.

Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.

View Keegan Linscott & Associates' Consulting 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.

Joel Feigenheimer, PhD is an industry expert with over 35 years of experience related to the Restaurant and Hospitality field. A graduate of the Cornell Hotel School, he holds an MBA in Hospitality and a PhD in Business from Northcentral University (attained 2018). Dr. Feigenheimer has been named the National Association of Concessionaires Eminent Scholar at The Chaplin School of Hospitality at Florida International University.

For the past three decades, Dr. Feigenheimer has served as both an entrepreneur and director for an International restaurant firm. He has corporate, independent, and franchise restaurant experience. Over his career he has consulted on three continents, excelled in the corporate environment, been a successful entrepreneur, and met thousands of industry leaders.

Currently on the faculty at Florida International University, he teaches Restaurant and Hospitality Management to tomorrow's hospitality leaders. His courses include Purchasing and Menu Planning, Concepts of Food and Beverage, Sustainability, Cost Control, Introductory Management Concepts, and Project Management, among others.

Litigation Support - Dr. Feigenheimer provides nationwide expert testimony relating to Food Service and Hospitality Operations. He has direct experience not only as a "legal expert" but also as an operational expert. This enables him to explain cases in a manner that juries understand, easy going yet direct and effective. Dr. Feigenheimer's services are available to attorneys representing both plaintiff and defendant.

Areas of Expertise:

Contractual Obligations Restaurant Lease Issues Restaurant Employee Concerns Food Safety Vendor Disputes

Hospitality Business Law Food Service Management Operator Liability Liquor Liability / Dram Shop Slip and Fall

View Joel Feigenheimer's 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.

Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management. Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection. 

CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements. Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy. 

Services Offered: Business and Strategic Consulting

• S.W.O.T. Analysis
• Pre-investment Feasibility Studies / Competitive Background Assessments
• Business Plan Research, Writing and Production
• Strategy Definition / Implementation
• Reworking of Operating Processes for International Suitability
• Industrial Partnership Scouting / Matching
• Tailor Business Model to Market Environment, Jurisdiction and Local Authorities Requirements 

Corporate Finance:

• Mergers, Acquisitions and CessionsCommercial Due Diligence or Investment / Financial Appraisals
• Company Reorganization and Restructuring
• Financial Feasibility Plans for Industrial Expansion
• Scouting / Recruiting Highly Qualified Financial Management
• Exit Strategies in the event of Buy-outs, Buy-ins, Spin-offs or MBOs, MBIs and LBOs
• Listing on Stock Exchanges 

Offshore Consulting:

1. International Tax Planning
2. Corporate Structuring, Maintenance and Trusts
3. International Contracts Law
4. Jurisdictions
5. Residency and Citizenship
6. International Banking
7. Logistic Support
8. Government Licenses
9. Aircrafts and Vessels
10. Intellectual Property 

CS&P Operates In More Than 80 Countries Around The World.

Scott S. Miller, MBA, ASA, ABV, specializes in Business Valuation and Transaction Consulting for small to middle market companies. He has over 35 years of professional business experience that ranges from senior operations management with publicly-traded companies to handling all aspects of operations in small privately-held manufacturing and service businesses.

Along with an MBA from the University of Houston, Mr. Miller achieved the Accredited Senior Appraiser (ASA) designation from the American Society of Appraisers, the Accredited in Business Valuation (ABV) certification from the American Institute of Certified Public Accountants and has over 15 years of business / financial asset valuation and consulting experience. He is currently serving as Region 3 Governor for the American Society of Appraisers and is past President of the Houston Chapter for the ASA.

Prior to the formation of Convergent Capital Appraisers in 2007, Mr. Miller held positions with McClure, Schumacher & Associates, RR Donnelley Financial, several positions/locations with Bowne & Co., Inc., and Industrial Screenprint, Inc. 

Litigation Support - Mr. Miller provides expert witness services to attorneys for plaintiff and defense in need of appraisal services. His expertise is in business valuation of closely-held businesses and the appraisal of fractional interests of equity holders. His services include thorough review and reporting, depositions, and trial testimony as needed. 

Business valuation and appraisal services have been provided for a variety of purposes including, but not limited to:

Family Law Matters Shareholder / Equity Holder Litigation Buy-Sell Agreements

Buy-Sell Transactions Business Damages Estate and Gift Tax Matters

View Scott S. Miller'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.

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: Mr. Purcell 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. 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.