Brooks Hilliard, CMC, CCP is the only actively practicing expert witness in the world who is both a Certified Management Consultant and a Certified Computing Professional specializing in computer system selection and problem resolution. He has testified more than 30 times as a computer expert witness and has been engaged on more than 90 such matters for both plaintiffs and defendants. Mr. Hillard has done expert witness and consulting assignments in 25 states, and has qualified as an expert witness on computer software and hardware (including ERP, SCM and CRM systems) in both state and federal litigation. His expert witness engagements have included courtroom and deposition testimony in lawsuits, arbitrations, mediations and formal governmental hearings.
Areas of Expertise:
Allegations of ERP and CRM system failures and/or defective business software/systems
Valuation of computer hardware, software and services
An property and casualty insurance agency acting as a managing general agent for several insurance lines sold through sub-agents throughout the United States had agreed to license a comprehensive agency management system from a developer of such software specifically developed for managing general agencies.
Dr. Stephen Castell, Chartered Information Systems Practitioner and Member of the Expert Witness Institute, is Chairman of CASTELL Consulting. He is an internationally acknowledged Independent Computer Expert who has been involved in a wide range of computer litigation over many years. CASTELL Consulting, currently in its twenty-fifth year, provides independent professional consultancy and expert services in Computer Systems, Software, Project Management, Strategy, and Contract Disputes, to a wide variety of international clients and companies.
As an Expert Witness in computer litigation, Dr. Castell has acted in over 100 major cases including the largest and longest computer software actions to have come to trial in the English High Court. He is the author of the best-selling Computer Bluff (1983), and of The APPEAL Report (1990) on the admissibility of computer evidence in court and the 'legal reliability' of information systems and technologies (with the CCTA).
Dr Castell, award-winning international Professional ICT Consultant and Expert has acted as expert witness in an unusual medical equipment procurement litigation of relevance to the current Covid-19 pandemic and its profound clinical and hospitalisation implications. The court case, specific details of which cannot be given since the matter is subject to Confidentiality Hearing strictures, was over a dispute concerning due and diligent process undertaken by a major Hospital Management Group, the Defendant in the action, in issuing a Tender for complex diagnostic units, and the Group’s selection of the bid put in by a US corporation, a leader in its field. That winning bid was challenged by a Claimant, another US corporation, a market competitor to the winning company. The dispute hinged on whether or not the operational computer software of the winning bidder’s units was compliant with the Hospital Management Group’s strict Tender stipulation that the software had to be identical across all versions of the equipment to be supplied in meeting the Tender requirements.
Dr Castell’s investigation and analysis of the operational software involved, and his opinion as to the extent that the software was compliant with the strict Tender condition, provided insight and assistance to the parties in reaching a satisfactory settlement.
In a recent trial, in which I acted as an expert witness, some notable differences appeared to me to emerge, as between UK and USA judicial standards and practices, in regard to the role, obligations, testimony, presentation and rigor of digital forensics expert findings.
The General Data Protection Regulation (GDPR) includes in its provisions Article 17, the Right to be Forgotten, which could potentially be a formidable barrier to the ubiquitous introduction of cryptographic blockchain software and technology.
The new government has announced the areas that it has identified for dramatic cuts in public spending. One of the most effective reductions should be derived through more professional, better-managed government IT spending.
You are an established, reputable, medium-sized corporation. A year ago your board decided to upgrade your existing computer systems by buying a 'unified package', 'lightly-customised', from a 'solution provider'.
Software implementation contracts are frequently terminated with the software rejected amidst allegations from both supplier and customer, e.g. software/database errors/deficiencies, faulty design, shifting user/business requirements. An important technical issue on which the IT Expert appointed in such disputes is asked to give an expert opinion is: what was the quality of the delivered software and was it fit for purpose?
Disputes over failed software construction projects raise interlinked technical and legal issues which are complex, costly, and time-consuming to unravel – whatever the financial size of the claims and counterclaims, the facts and circumstances of the contract between the parties, or the conduct of the software development
This book - "Blockchain Technology and Innovations in Business Processes" - provides a platform to bring together researchers, academia and industry collaborators to exchange their knowledge and work to develop better understanding about the scope of blockchain technology in business management applications of different sectors such as retail sector, supply chain and logistics, healthcare sector, manufacturing sector, judiciary, finance and government sector in terms of data quality and timeliness.
Commonwealth Telecommunication Organisation (CTO) 2nd Annual Investing In ICTs In Emerging Markets: Examining Business & Investment Opportunities In Developing Economies. 9th & 10th December 2009, Inmarsat Conference Center, London, UK
The findings of this expert investigation were clearly reported by Dr Castell to the court and (most unusually) were fully accepted by the Prosecution without any need for cross-examination, assisting in achieving a Not Guilty verdict from the Jury.
Oded Gottesman, PhD, CTO of Compandent Inc., technology IP expert witness in such areas as telecommunications, cellular phone, and signal processing, provides technology expert witness services, prior art search, and consulting for Technology Patent Infringement, Patent Invalidity, Trade Secret Disputes, source code review, hardware analysis, and related matters. Dr. Gottesman has more than 17 years of experience as an expert witness, deposed 14 times, testified 6 times in Jury trial and 2 times in ITC trial, worked on IPR and Ex Parte Reexamination petitions, and wrote numerous reports. Among his areas of expertise are:
DSP Digital Signal Processing
Cellular Networks (4G LTE, 3GPP, GSM)
Streaming audio, streaming video
Cellular Timing and Synchronization
Location and Position Systems (UTDOA, GPS, etc.)
Error Control Coding
Speech Coding, voice compression, vocoder, Audio Compression, and Video Compression, codec (MPEG, AAC, AMR)
Signal Compression and Signal Enhancement
Computer Software, and Algorithms
Smartphones, Portable Devices
Litigation Support - Dr. Gottesman has more than 20 years of experience as an expert witness, deposed 16 times, testified 6 times in Jury trial and 2 times in ITC trial, worked on IPR and Ex Parte Reexamination petitions, and wrote numerous reports.
Ray Horak provides litigation support as a consulting expert and testifying expert in cases involving the Telephone Consumer Protection Act (TCPA), product/service misrepresentation, contract disputes, and intellectual property (patent, copyright, and trademark/service mark infringement) disputes, as well as issues of taxes and fees allegedly owed to 911 districts and municipalities. Those cases have involved a broad range of technologies, including Automatic Telephone Dialing Systems (ATDSs), text messaging, cellular, DSL, E911, fax, PBX, prepaid cellular, push-to-talk (PTT), videoconferencing, VoIP, and voice processing.
He also has performed numerous technical compliance reviews of the telephony systems that financial institutions and survey companies and their third party vendors employ in sales, collections, customer service and opinion polling. The objective of those engagements, several of which are ongoing, is to determine the specific nature and capacities (present, potential and theoretical) of the telephony systems (e.g., ATDS and PBX) and subsystems, the systems of record (i.e., databases), Customer Relationship Management (CRM) systems, Receivables Management (RM) systems, and any and all other peripheral systems, both premises- and cloud-based.
Ray is an Independent Consultant with a General Practice in Wireline and Wireless Telecommunications and Related Fields such as the Internet and Voice over IP. His 45 years’ experience includes management and executive positions with Southwestern Bell, CONTEL, and Executone. Ray authored the best-selling Communications Systems & Networks, (John Wiley & Sons), Telecommunications and Data Communications Handbook (Wiley-Interscience), and Webster’s New World Telecom Dictionary(Webster’s New World). Previously, Ray was Senior Contributing Editor for Newton’s Telecom Dictionary (12th through 21st Editions). He has written hundreds of technical white papers, case studies, articles, and columns for major print and electronic publications such as CommWeb, Computer Telephony, Datapro, Network World, The Prepaid Press, Teleconnect, and Telecom Reseller. Ray also has served as Technical Editor for several book-length works, including Deploying Secure 802.11 Wireless Networks with Microsoft Windows (Microsoft Press, 2003).
Not particularly surprising to those of us who work in the TCPA domain or are impacted by it, the published articles, blogs and such are mostly, if not all, written by attorneys in the defendants’ bar. I reckon those in the plaintiffs’ bar like to keep their opinions, musings and strategies to themselves until the litigation process begins. I provided some TCPA background and context in a previous article, TCPA: Facebook v Duguid, but will repeat some of that here to refresh your memory.
The decision of the Supreme Court of the United States (SCOTUS) in the matter of Facebook v Duguid has been perhaps the single most anticipated in the realm of the Telephone Consumer Protection Act (TCPA), at least in the last decade or so, and all over a punctuation mark - a comma, to be exact.
The Telephone Consumer Protection Act (TCPA) was passed into law in 1991. At the time, consumers were plagued by sales calls which it seemed always came at the most inconvenient times...In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices...
Most of us know, at least in general terms, about the restrictions on unsolicited telemarketing calls to consumers and the national Do-Not-Call (DNC) list designed to end those annoyances...or opportunities, depending on your perspective. Just to refresh your memory, the TCPA states "It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system [ATDS] or an artificial or prerecorded voice
In an effort to address a growing number of telephone marketing calls and certain other telemarketing practices thought to be invasions of privacy, Congress enacted the Telephone Consumer Protection Act of 1991 (TCPA), codified at 47 U.S.C. § 227.
An instant classic and a best seller, with more than 65,000 in print. It served as the basis for Horak’s more contemporary works, Telecommunications and Data Communications Handbook (2008) and Webster’s New World Telecom Dictionary (2007).
A comprehensive and authoritative telecommunications dictionary of more than 4,600 terms essential to a clear and thorough understanding of voice, data, video, and multimedia communications system and network technologies, applications, and regulations. Webster’s is an absolutely unimpeachable resource written by a recognized expert in the field. Webster’s enjoys great critical acclaim, as do all of Horak’s works.
The one book you’ll need to understand the entire telecom landscape, from copper to fiber, wireline to wireless, LANs to MANs to WANs, TDM to IP, AAL to Zigbee and everything in between. Written in a plain-English, commonsense style by an authority on the subject, this critically acclaimed book is at just the right level for the serious professional who wants to get at the whole truth—without the math.
Matthew Albee, CFCE, EnCE, SCERS is a Computer Forensics expert with over 20 years of experience in his field. He currently serves as project manager and lead examiner on computer forensic and e-discovery cases for DataChasers, Inc.
Background Experience - Since 1996, Mr. Albee has been a Special Agent for the State of California Franchise Tax Board and the Board of Equalization where his responsibilities include equipping and maintaining the computer forensic laboratory, and conducting investigations that involved financial and computer crimes. Since 2012, he has served as a Course Evaluator /Subject Matter Expert for the Office of Anti-Terrorism Assistance (ATA), Diplomatic Security Service, United States Department of State.
Mr. Albee's experience with computer forensics runs the gamut from individual PCs to major corporations(references available), and includes every level and scope of examination. He has consulted to both public and private organizations and maintain a complete computer forensics laboratory.
Litigation Support - Matthew Albee has the distinction of having served as Special Master to Federal Court, as well as being the expert of record in numerous Superior and Municipal courts. He has extensive litigation experience as an expert witness and have testified for both civil and criminal cases. Mr. Albee has experience with employment law, family law, and criminal law cases.
Monty G. Myers, PE, is an active Software Industry Executive with 30+ years of experience, including the founding of Eureka Software Solutions, Inc. (“Eureka”) and acting as CEO of Eureka for 28 years.
Mr. Myers has provided services to a balanced mix of plaintiffs and defendants in over 40 litigation matters ranging from billion dollar, landscape-changing lawsuits between worldwide industry leaders to smaller-scale litigation between individuals or local businesses. Mr. Myers' clients have included Global 1000 and Fortune 500 companies in industries such as Enterprise, Finance, Military and Defense, Transportation, Oil and Gas, Security, Healthcare, and Automotive.
Litigation Support - Monty Myers is a Computer and Software Expert Witness, experienced and proven at offering expert testimony under-oath at trial, hearings, and depositions. For the last 5+ years, he has provided expert witness services for engagements including Software Patent or Software Trade Secret litigation matters.
Mr. Myers is available as a consulting and/or testifying expert witness to assist with understanding the technology and technical issues in the case and providing review, analysis, and testimony (report, deposition, or courtroom) regarding the technology, software, or patents involved in the case. He has worked extensively with counsel in the taking and defending of depositions, reviewing and challenging the testimony of others, and assisting with and implementing an overall trial strategy.
Areas of Expertise:
Source Code Review
Source Code Comparison
Source Code Reconstruction
Source Code Misappropriation / Theft
Source Code Copyright / Patents
Open Source Licensing
Mobile / Wireless Technology
Cloud and Web Business
Hardware / Infrastructure
Contract Performance / Project Management
Adept at taking highly technical material and effectively communicating it to counsel, the judge or a jury in terms they can understand via testimony or reports/declarations
Skilled at reviewing and comparing software source code and functionality in the litigation context in relation to protected intellectual property including, trade secrets, copyrights, and patents and/or license or other contractual commitments and requirements
Able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of deprecated software along with re-creating historical hardware and software environments
Highly familiar with functional and performance testing of software against applicable specifications, warranties, or industry standards using proprietary and commercial testing tools and techniques
C. Matthew Curtin, CISSP Founder and CEO of Interhack is a Certified Information Systems Security Professional. An Expert in Computers and Information Technology, Mr. Curtin and his team at Interhack help attorneys and executives use data and computer technology in high-stakes situations.
Mr. Curtin's work has been at the cutting edge of the intersection of law and technology. The U.S. Court of Appeals for the First Circuit relied on Interhack's forensic computing practice and Mr. Curtin's expert opinion when it established standards for application of Federal wiretap statutes to Web technology, In re Pharmatrak Privacy Litigation (see link above).
Academic references to their work include the Stanford Law Review and university courses throughout the world. Mr. Curtin maintains a regular academic appointment as a Senior Lecturer at The Ohio State University's Department of Computer Science and Engineering. He currently chairs the Recruitment subcommittee of the Business Advisory Network that advises the Ohio Department of Education's standards for technology education in secondary and postsecondary schools throughout the state.
C. Matthew Curtin's services are available for plaintiffs, defendants, and for the courts directly on technical matters.
This book is the story of the formation of the world's most widely-used system to protect sensitive information and how a group of independent cryptographers, civil libertarians, and hobbyists managed to demonstrate the system's weakness in June of 1997, even as the U.S. Congress debated the government's control over cryptography. As one of the coordinators of the DESCHALL project that broke a secret message encrypted with what was then the government standard, Curtin presents a unique insider view of how the project came together and what happened behind the scenes to demonstrate the weakness of the standard and ultimately to usher in the age of unrestricted cryptography.
Suitable for the IP manager or developer seeking to improve Web privacy and security, is an indispensable resource for system administrators and application developers, providing a means to understand, create, and maintain secure Internet systems.
Data Center Infrastructure Expert Witness Philip Isaak
Philip J. Isaak, PE, P.Eng., DCDC, RCDD, SMIEEE, is an expert witness, consultant & trainer in the design, construction, procurement, implementation, commissioning & operations of information technology, telecommunications & critical data center facilities. Mr. Isaak provides clear analysis for complex disputes, incorporating industry standards, best-practices and over 20 years of consulting & training expertise working with clients located in 28 countries and territories across 6 continents.
In recognition of Mr. Isaak’s professional standing, the Institute of Electrical & Electronic Engineers (IEEE), the world’s largest professional association for advancement of technology, certified him to the grade of Senior Member, a level only 9% of IEEE’s over 400,000 global members hold. Mr. Isaak is also an author of several industry standards published by TIA & ANSI/BICSI, whitepapers published by The Green Grid, and the Data Center Handbook published by John Wiley & Sons.
One of the new terms in the data center industry is Edge Data Centers. What is the Edge? Where is the Edge? Before we begin to understand what an Edge Data Center is, it might be helpful to first understand what it is not.
David Shaw is an Expert with North America, Europe, and Far East expertise as an independent and impartial Technical and ICT Expert and Consultant involved in a wide range of high profile System, Integrations, remedial work on Failed Systems and Programs, Litigation, Expert Witness, Mergers and Acquisitions, Financial and Ultra-High Speed Trading Systems, Cyberwarfare and Defence work.
Jacob Sharony, PhD, MBA, has over 25 years of experience in Mobile and Wireless Technologies. He is currently an adjunct professor at Columbia University, teaching wireless technologies and applications. He also served as a faculty member of the electrical and computer engineering department and director of the Center of Excellence in Wireless and Information Technology at Stony Brook University. Dr. Sharony held engineering and management positions in diverse technology disciplines at Time Warner Cable, Motorola, BAE Systems, NEC Research Institute, and IBM Research. He has over 50 US patents (pending and issued) and has served on several government expert panels.
Litigation Support - Dr. Sharony provides Patent and Class Action litigation support and expert consulting in mobile and wireless technologies. This includes patent infringement and invalidity analysis, FRAND analysis, writing expert reports, and deposition, and testimony in court. His deep knowledge of target markets, including telecom, healthcare, logistics, transportation, government, hospitality, mobile commerce and supply chain management, combined with extensive expertise in wireless and mobile technologies ensure innovative and successful solutions.
Premium Software Consulting Services provided by industry leading experts. Today's software users expect and demand software that is more intelligent, interactive, usable, and reliable than ever before, over a backdrop of continuously evolving technology spanning a range of platforms. To remain competitive, modern applications need to solve complex problems that have never been solved before. This requires more than just programmers. You need experts. All of our consultants have a Ph.D. in computer science or related discipline and at least ten years of industry experience. All have contributed to the software state-of-the-art, published original work, presented at conferences around the world, and have years of hands-on, practical industry experience. Areas include Software Design, Reliability, OOP, Pedagogy, Algorithms, Vision, Embedded Systems, Knowledge Acquisition, Programming Theory, Formal Methods, Computational Linguistics, Artificial Intelligence, and others. They know and work with today's modern programming languages and technologies. Expertise spans all aspects of the software life-cycle. Offering advanced software development, project management, code review & quality assurance, management consulting, expert witness services, failed project turnaround, usability analysis, and more. Available on or off site anywhere in the United States and Europe. Please see our web site for more information and additional service offerings.
The discovery phase of IP litigation often calls for a technical review of a software product. A code review is an activity conducted by an expert witness that involves reviewing the source code of a product to discover pertinent facts relevant to the case.
The situation: you have invested an enormous amount of money and company resources in developing software solutions to address client needs. Regardless of the size of your company, every dollar counts and you want to know that your investment today will ultimately produce a fast, modern, scalable, and correct software solution that will still be usable tomorrow with tomorrow's technology.
Licensing and infringement litigation are two primary potential income sources from a patent. With licensing, the inventor permits the licensee to make, use, sell, or offer to sell a patented invention for compensation.
Prolifogy's failed project turnaround service has generated increased interest recently. Specifically, it was the most requested of all service offerings last month—a fact that surprised even company officials.
Dr. George Edwards, Ph.D. is an expert in Computer Software, Internet Applications, Web Technologies, Mobile Phone/Tablet Applications, Digital Video and Multimedia, Medical and Embedded Software, and Aerospace/Defense Systems. He has more than a decade of experience as a scientist, engineer, and technical consultant to academic research labs, government agencies, technology companies, and attorneys. Dr. Ewards has authored dozens of articles and papers related to software engineering for scientific journals and industry magazines. He is listed as a co-inventor on two pending patent applications for novel software technology and has served as a software expert witness in patent litigation matters.
Dr. Edwards provides expert consulting in the following areas:
Intellectual property and patent infringement
Software design/source code audit and review
Expert witness and depositions
Dr. Edwards is an expert in the following technologies :
The importance of software patents has increased dramatically in recent years. The high profile patent disputes between Apple, Google, and other smartphone companies have attracted the most attention in the press, but patent battles are being waged all across the software industry.
Dr. John Strawn, Ph.D. (Stanford, 1985) has served as testifying expert in patent and trade secret cases, conducted extensive prior art searches, and written expert reports, working for both plaintiffs and defendants. He has conducted software analysis of thousands of pages of source code. Dr. Strawn has over 30 years experience in software development (assembly language, Fortran, C, C++, Java, HTML, XML). He is experienced in digital signal processing, especially for audio and music, including audio compression such as MP-3. As an employee and as an independent consultant he has worked on teams in large and small companies on cutting-edge technology. Having been a Fulbright scholar in Germany, he can easily work with source material in German. He is an accomplished public speaker and has published extensively.
Testifying Experience: 19 depositions and 3 trials to date. includes Lucent v. Microsoft (San Diego, CA, February 2007).
In public talks about audio, one often sees a timeline in which "major changes in the audio industry" are said to occur every 10, 25, or perhaps 50 years. Rather than searching for periodicity in a one- or two-dimensional timeline, in this article it will be more helpful to start out by enumerating some of the multidimensional axes along wchich change occurs
Dr. Lavian holds a Ph.D. from the University of California, Berkeley, in computer science, specializing in networking and communications. He is a consummate expert in network communications, telecommunications, Internet Protocols (TCP/IP), LAN/WAN, Streaming media, VoIP, mobile wireless, and Internet/Web technologies. He has over 30 years of experience, has invented over 120 patents, and has co-authored over 25 scientific publications. For 20 years, Dr. Lavian has researched, studied, and lectured at UC Berkeley Engineering. He has served as an industry fellow and lecturer with UC Berkeley’s Industrial Engineering IEOR, Berkeley Engineering’s SCET, UC Berkeley’s start-up accelerator, SkyDeck, as principal investigator for CRadar.Ai and CTO for Aybell.
Areas of Expertise:
Network communications, telecommunications, Internet protocols (TCP/IP), VoIP, Streaming Media, and mobile wireless:
Communication Networks: Internet protocols; TCP/IP suite, TCP, UDP, IP, Ethernet, 802.3, network protocols, network software applications, data link, network, and transport layers (L2, L3, L4), packet switching, data center network architecture.
Mobile Wireless: Wi-Fi, 802.11, Bluetooth, MAC, PHY, Wireless LAN (WLAN). Cellular systems, SMS, instant messaging (chat), mobile devices, smartphones.
Internet/Cloud: Internet Technologies, Web applications, HTTP, e-mail, SMTP, POP, IMAP, Java, C/C++, file transfer FTP, client-server, cloud computing, distributed computing.
Tony Mason has 34 years of experience helping attorneys solve complex Computer Operating System issues. His experience includes software development, teaching and writing about technology, and working with dozens of companies in a consulting role to solve their problems.
Mr. Mason has worked with multiple operating systems including Microsoft Windows, UNIX, and Linux. He is the author of two books, including, Windows NT Device Driver Development, several peer-reviewed papers, and numerous non-peer-reviewed publications.
Mr. Mason is the primary inventor on 12 patents:
US/9830329 Methods and Systems for Data Storage
US/9600486 File System Directory Attribute Correction
US/9535759 Work Queue Thread Balancing
US/8990228 Arbitrary Data Transformation
US/8903874 File System Directory Attribute Correction
US/8539228 Managing Access to a Resource
US/8521752 Arbitrary Data Transformations
US/8024433 Managing Application Resources
US/7809897 Managing Lock Rankings
US/7512748 Managing Lock Rankings
US/7949693 Log-Structured Host Data Storage
US 15/791,486 Methods and Systems for Data Storage
Litigation Support - Mr. Mason has gained extensive experience clearly explaining technical subjects so they are easily understood by non-experts. His expert witness services primarily focus on assisting in the preparation of materials necessary for computer operating systems patent litigation. He provides research, prepares reports, and explains technical terms clearly and lucidly. He is available for depositions and trial testimony as needed.
For years, this has been the definitive and comprehensive technical reference for software engineers, systems programmers, and any engineer who needs to understand Windows NT systems internals. While this text has a fresh new look on the outside, the text, pictures, code samples and references on the inside are vintage 1998. Nevertheless, the book retains a tremendous amount of value in its clear (erudite even) descriptions of the Windows NT operating system architecture and internals; information on the implementation of standard Windows NT kernel mode drivers; Key details on the workings of Windows NT I/O Manager; and detailed technical discussions on interrupt management and synchronization issues.