Software Expert Witnesses: 16

Monty G. Myers is the founder and CEO of Eureka Software Solutions, Inc.  Mr. Myers, with the support of his team at Eureka, has served as a testifying and consulting software expert witness in over 135 software trade secret, patent, and other technology related cases in both state and federal court.

After over 35 years in business, Eureka is a leading project-oriented, custom software development company based in Austin, Texas.  Eureka has built software products and business solutions for an impressive client list which includes members of the Global 1000, Fortune 500, notable private companies, and numerous high-profile start-up organizations.  Eureka has a highly successful track record providing state-of-the-art software solutions on a variety of technology platforms. Eureka has enjoyed great business success and has received multiple achievement awards.

As the leader of Eureka, Mr. Myers is truly a practicing industry expert. He excels at many expert roles including software expert witness, software trade secret expert witness, software patent expert witness, and source code expert witness. See Eureka's expert witness website for a list of all 135+ of Monty's cases.

Capabilities/Resources:

• Software and computer expert witness experienced and proven at offering expert testimony under-oath at trial, hearings, and depositions.
• Extensive work with counsel in the taking and defending of depositions, reviewing, and challenging the testimony of others, and assisting with and implementing an overall trial presentation strategy.
• Adept at taking highly technical material and effectively communicating it to counsel, the judge, or a jury in terms they can understand.
• Ready availability of Eureka’s experienced team of software developers and IT forensic specialists as needed to analyze or recreate relevant software or hardware platforms or scenarios.
• Regular use of proprietary and licensed tools and software to assist with source code analysis and performance testing, load testing, data recovery and extraction, metadata review and management, and e-discovery.
• Experience performing analyses supporting matters involving alleged evidence destruction where negative inferences, death penalty sanctions, or other relief is sought by a party.

Practical Implementations of Expertise:

• Review and comparison of software source code and functionality in relation to contractual commitments and requirements and/or protected intellectual property including, trade secrets, copyrights, and patents.
• Computer/software forensics – able to reverse engineer and reconstruct hardware and software environments from backups, remnants, and fragments of deprecated software. Eureka IT and Software development team is skilled at re-creating historical hardware and software environments.
• Investigation and assessment of software project bidding, planning and performance with particular attention to adequacy of discovery, specifications, cost estimates, schedules, and deliverables.
• Functional and performance testing of software against applicable specifications, warranties or industry standards using proprietary and commercial testing tools and techniques.
• Evaluation and use of both traditional and modern software development techniques and strategies, including creative payment structures related to software application/effort valuation and intellectual property licensing and ownership.
• Reviewing and exercising software applications and IT networks to expose and correct security issues and weaknesses. 

Applicability of Expertise:

Source Code Review Source Code Comparison Source Code Reconstruction Source Code Misappropriation / Theft Source Code Copyright / Patents Software Patents Trade Marks Software Trade Secrets

Antitrust NDAs Open Source Licensing Computer Forensics Mobile / Wireless Technology Cloud and Web Business Hardware / Infrastructure Contract Performance / Project Management

View Monty Myers' 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.

Bruce Weiner is an Information and Internet Technology executive with over 30 years of in-depth experience managing product and software development for contracting companies and Fortune 100 companies. Since 2012, he has been a Technology leader at the Federal Reserve Bank of New York.

Mr. Weiner is a Princeton trained computer scientist and electrical engineer, and a patent holder. Over his career, he has gained extensive experience in Information Systems management, program/project management, software development, software architecture, internet delivery, business applications, technology vendor selection, IT Outsourcing, and customer contact center operations.

Litigation Consulting Services: Mr. Weiner has experience as a consulting and/or testifying expert witness in software development, patent infringement, and commercial litigation matters for both plaintiffs and defendants. He is adept at translating complex software, patent, and technology issues for the lay person audience. He consulted on industry transforming anti-trust cases in the travel industry.

Industry Experience:

• Travel Industry Technology - Former technology leader for American Express Travel and Chief Technology Officer of United.com;
• Loyalty Industry Technology - 30 years experience in the technology that powers loyalty programs, working on Membership Miles, Thank You Rewards, Mileage Plus, #1 Gold, eRewards, MyPoints, Blockbuster Rewards, and AAdvantage
• Financial Services Technology – 30 years experience working with Financial Services Companies (American Express, Citibank, and Chase) on credit card and banking technology.

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.

Areas of Expertise:

Distributed Computing Networking Data Storage Forensics Recovery File Meta-data Encryption Compression Computer Security Encryption Anti-virus Authentication Authorization Computer Networks

Blockchain Distributed Systems Network Protocols RDMA Code Analysis Code Analysis Comparison Reverse Engineering Code Failure Analysis Debugging Artificial Intelligence (AI) Machine Learning, Adversarial Learning Reinforcement Learning

View Mr. Tony Mason's Consulting Profile.

Garry E. Kitchen is a respected Video Game Expert Witness, with 40 years of experience in the industry, as a developer, game designer, publisher, and business executive. An early pioneer in the art, he has been recognized with numerous accolades and awards, including a WEBBY award, Inc. Magazine Entrepreneur of the Year, Video Game Designer of the Year, Software Publishers Association (SPA) Excellence in Software, Video Game of the Year, Lifetime Achievement Award(s) and many others.

Mr. Kitchen's products have generated more than $300M (USD) in retail sales. His noted achievements include Donkey Kong (Atari), Keystone Kapers (Video of the Year nominee), Bart vs the Space Mutants (the first Simpsons home video game), and Garry Kitchen's GameMaker (the first integrated development environment (IDE) for video games). As Vice President of Game Publishing for Viacom/Nickelodeon Television, Kitchen executive produced the Addicting Games Mobile app for iOS, Viacom's first mobile game to reach #1 in the competitive Apple App Store (2012). 

Litigation Support - Mr. Kitchen has successfully performed as a technical expert for industry-leading companies, including Nintendo, Sony, Microsoft, Apple, Ubisoft, Wargaming, Disney, LEGO, Hasbro, Zynga, FanDuel, and SuperCell. The majority of his clients have worked with him on multiple engagements, a testament to their satisfaction with his performance. He has been deposed dozens of times and has significant experience testifying at trials and arbitration hearings.

Mr. Kitchen has worked on a number of significant interactive entertainment cases, including numerous early patent infringement cases involving the Magnavox/Ralph Baer/William Rusch patent portfolio (the first issued U.S. video game patents), Atari Corp. v. Nintendo antitrust case (1989), and Escobedo v. THQ, the first copyright infringement case involving the use of a protected tattoo image on an in-game character in a video game, and many more. Expert Case List (Partial) 

Areas of Expertise:

Video Game Hardware Development Video Game Software Development Game Design Mobile App Development Free-to-play Gaming Online Games

Multiplayer Gaming Patent and Trademark Infringement In-game Advertising Electronic Toy Design Game Industry Business Practices Virtual Reality (VR) / Augmented Reality (AR)

Testimonials - Mr. Kitchen takes great pride in going above and beyond for his clients. Here are recent verbatim comments from Mr. Kitchen's clients:

"The pleasure was all ours!! You have been great. I hope to work with you again soon."

"Your report left us speechless and we couldn't be happier."

"Thank you. Your speed and work on this was amazing."

"I very much enjoy working with you and watching you eat up opposing counsel during depositions."

"I don’t know if you heard, but the arbitrator found in favor of [client] on all 8 causes of action asserted by [opposition], awarded no damages, and will award [client] attorney’s fees and costs against [opposition]... Thank you for all of your work on this.  I learned so much and really enjoyed working with you."

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.

• Intellectual property and patent infringement
• Software design/source code audit and review
• Non-performance claims
• Expert witness and depositions

Expert Technologies :

• Programming languages & platforms: Java, C/C++, C#, Perl, Python, PHP, .NET, WinForms, WPF, Visual Studio, Eclipse, Java EE, CORBA
• Internet and web: JavaScript, AJAX, Node.js, Ruby, HTML, XML, CSS, ASP.NET
• Mobile devices & applications: Android, iOS, iPhone, Windows Mobile, Windows Phone, BlackBerry, Palm OS, Java ME
• Multimedia: MPEG, SVG, DVR, Silverlight, Flash
• Operating systems & servers: UNIX, Linux, Windows, Mac OS
• Networking: IMAP, POP, SMTP, DNS, TCP/IP, HTTP
• Databases: RDBMS, SQL, MS SQL Server, MS Access, Oracle, MySQL
• Project management & development methods: Kanban, Lean software development, agile, object-oriented (OO), aspect-oriented programming (AOP), component-based development, COTS integration, requirements engineering, spiral model, UML

View Consulting Profile.

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.

Internet Expert Witness: Peter Kent is the author of "Search Engine Optimization for Dummies," "Pay Per Click Search Engine Marketing for Dummies" and "Complete Idiot's Guide to the Internet." He has been online since 1984 and envolved with online marketing since 1990. Mr. Kent has worked as the Vice President of Marketing for a Web-applications development firm. He was also the Vice President of Web Solutions for a national ISP and the founder of a VC-funded e-business service provider. He has a wide range of Online-Marketing experience in many different industries.

Specialties Include:

• SEO (Search Engine Optimization)
• Search Engine "Linking" Campaigns
• PPC (Pay Per Click Advertising)
• Web Hosting
• Web Design
• Web Application Development,
• E-Commerce Site Development
• Web Project Management
• Affiliate Marketing
• Improving Online "Conversions"
• E-Mail Publishing
• Online PR
• "Community" Marketing

James Parker has over 35 years of relevant industry experience specializing in Electronic Security Systems & Sensors, Electronics R&D, and New Product Development. He has in-depth knowledge of electronic product design in both Wired and Wireless Technologies and outstanding knowledge of Environmental and False Alarm Immunity. Products, such as alarm systems, that Mr. Parker led the design of, have an installed base in the millions. 

Litigation Support - Mr. Parker provides Patent Litigation support to counsel representing both Plaintiff and Defense and is experienced with civil liability, criminal and patent litigation, including Inter Partes Reviews (IPRs). He has the ability to explain complex technical material in a straight forward manner. Mr. Parker's past clients include Cravath, Swaine & Moore LLP, Weil, Gotshal & Manges LLP, Fish & Richardson PC, Alarm.com, 2GIG Technologies, and Nest Labs. His services are available nationally and internationally. 

Areas of Expertise:

Electronic Security Security Systems Burglar Alarm Systems Intrusion Detection Motion Detection Wireless Alarm Systems Wired Alarm Systems Occupancy Detection Systems Premises Security Residential and Commercial Security Inter Partes Reviews (IPRs)

Research and Development Engineering Management New Product Development Electronic Engineering Embedded Systems Alarm Control Panels PIR (Passive Infra-Red) Motion Detection uW (Microwave) Doppler Motion Detection Solar LED Flood Lights (Patio to Street Level) Patent Litigation Intellectual Property

Background - Mr. Parker is the Past Vice President of Engineering for Digital Security Controls Ltd. (DSC), a leading global manufacturer of electronic security systems and components with sales exceeding $400 million annually. He is currently the President at EE-Systems Group Inc. Canada (R&D) where he is responsible for overseeing new product and business development. A prolific inventor, Mr. Parker has been granted over 25 unique patents with approximately 100 patent documents published worldwide. 

View James Parker's Consulting Profile.

David H. Williams is an internationally-known expert in the Wireless / Mobile Location field and President and Founder of E911-LBS Consulting.

Litigation Support - Mr. Williams provides the highest quality and most impactful expert witness services related to wireless location, across the full range of IP / Patent, criminal, and civil case dimensions from the most technical to those regarding business methods. His services include forensic analysis, reports, and testimony on the validity and accuracy of various types of cell phone/sensor location surveillance devices and associated tracking using GPS, Call Detail Records(CDRs), Cellebrite data extraction, and other location data sources. He is an expert in determining how social media and other mobile application usage can play a key part in various cases.

Mr. Williams has successfully provided expert witness services in over 150 patent, civil, criminal, anti-trust, and ITC cases, including several successful Inter Parte Reexaminations (IPRs), and over 40 civil, criminal, and law enforcement administrative proceedings. His credentials in wireless location prior art go as far back as the early 1980s. He has been deposed 24 times and testified 8 times, including winning in the International Trade Commission (ITC) Court as well as in the Eastern District of Texas, winning both IPR and infringement cases. His work with both prosecution and defendants have resulted in numerous key wins/favorable outcomes, with over a dozen wins (against only a few losses) as well advantageous settlements/pleadings. His experience is differentiated based not only the amount of experience but its type, having worked "on-the-inside" of various carriers, infrastructure providers, and location-service application developers. This enables knowing the right questions to ask of such providers, and to "break through the wall" that such providers often put up in litigation.

The basis of Mr. Williams' expertise is his 35+ years in mobile/wireless communications and information technology solutions design, implementation and ongoing management, Mr. Williams has extensive experience in the activities and issues needed to get mobile location applications to market, including design at the application, system, interface / integration, network, IT, operational and customer facing levels. Mr. Williams has extensive expertise in all aspects of LBS delivery across the mobile location ecosystem including enabling network communications, location technologies / sensors, map data, geospatial platform / GIS, GPS and other location chipsets, location data management, and device, infrastructure, and integration providers. David Williams has developed and implemented industry-leading product and technology strategies and solutions for numerous LBS applications and markets and provides consulting and research services to some of the leading carriers and enterprises in the U.S., Asia, and Europe. His client list includes Apple, AT&T, FedEx, GE, GM, GMG, Google, The Houston Police Department, The Los Angeles District Attorney's Office, Lyft, Overhead Door, Qualcomm, Samsung, Sprint, Toyota, Verizon Wireless, Zillow, and numerous medium, small, and startup companies, plus numerous law firms of all sizes. He also provides support to various State Public Defenders Offices on a partial pro-bono basis. 

Areas of Expertise:

Mobile Location-Based Services Wireless 911 (E911); NG911 GPS Systems; Network-Based Location Determination Systems Indoor Location Systems, incl. Real Time Location Systems (RTLS); RFID and other RF-based Location systems; WiFi-enabled positioning systems (WPS); Beacon-based systems; Hybrids/Combinations Wireless Network Location, Internet of Things (IoT) Design Location Data Privacy Protection and Data Security Design People, Wearables Tracking / Monitoring Asset Tracking / Location Management

Telematics / Driverless Car Ecosystem Navigation Systems; PNDs Map Data, Digital Mapping and GIS Vehicle-to-Vehicle; Fleet Management Mobile Social / Business Networking GPS Forensics; Mobile / IT Integration Location-centric Process Design Mobile Product Design / Implementation M2M, Smart Grid / Energy Systems LBS Big Data and Cloud Computing

View David Williams' Consulting Profile.

Sam Malek is currently a Software Engineering Professor in the Informatics Department within the School of Information and Computer Sciences at the University of California, Irvine. He has over 20 years of experience in academia and industry. 

Prior to his academic appointment, Prof. Malek worked for several years as a Software Engineer, Software Architect, and Programmer at a variety of companies, including the Boeing Company and PricewaterhouseCoopers Consulting.

Results of Prof. Malek's research have appeared in more than 120 manuscripts, which have been published in peer-reviewed scientific conferences and journals. These publications have been cited more than 9,000 times according to Google Scholar. Prof. Malek has received numerous awards for his scientific contributions to the field of computer science, including the ACM SIGSOFT test-of-time award (2020) and the National Science Foundation CAREER award (2013). 

Litigation Support - In his capacity as an expert witness in more than 40 cases, Prof. Malek has come across and testified about a broad range of Software Technologies and Intellectual Property, including Patent Infringement, Trade Secret, Copyright, Breach of Contract, False Claims Act, Software-related Criminal Activity, and Software-related Personal Injury.

Prof. Malek has offered testimony at trial, deposition, and arbitration on more than 30 occasions. He has drafted validity, invalidity, infringement, and non-infrignement reports, and also has extensive experience with breach of contract disputes, often involving software development projects. Prof. Malek has testified in high-stakes jury trials in various US district courts and has submitted declarations and offered deposition testimony to the Patent Trial and Appeal Board (PTAB) in the Inter Partes Review (IPR) of patents.  At trial, he draws on his teaching skills as an instructor to breakdown complex technical concepts in ways that can be explained to non-technical jurors.

Areas of Expertise:

Programming Languages and Platforms Source Code Analysis Techniques and Tools Software Architecture Quality Assurance Mobile Computing Storage and Database

Cloud and Web Services Software Security Web Application Distributed Systems Artificial Intelligence Operating Systems and Servers

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 Telecommunications Cellular Networks (4G LTE, 3GPP, GSM) Packetized Networks VoIP Streaming audio, streaming video Real-time Systems 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 Computer Hardware Embedded Systems Smartphones, Portable Devices Client-server Web Applications Mobile Applications

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.

Selected Clients - Dr. Gottesman's clients have included: Alston & Bird, AZA Law, BakerHostetler, Bracewell & Giuliani LLP, Comcast, Cooley Godward Kronish, Cummins, Dechert, Echelon, Fenwick & West, Fish & Richardson, Google, Hill Kertscher & Wharton, Kirkland & Ellis, Sidley Austin, Weir & Partners, Woodcock & Washburn, MagicJack, Microsoft, Milbank, Tweed, Hadley & McCloy LLP, Nokia, Parts Geek, Samsung, Toshiba, TruePosition, Vinson & Elkins LLP, Wiav, and Williams & Connolly LLP.

View Dr. Gottesman's Consulting Profile.

Howard J. Cohen, PhD, has over 30 years of experience in Software Engineering, Architecture and Implementation. He possesses particular expertise in Algorithms, Relational Databases, Graphical User Interfaces (GUIs) and Software Applications in general. His experience has been in a broad spectrum of technology, in several languages, in a wide variety of applications, and on multiple platforms. Dr. Cohen's background includes Electronic Design Automation, Bioinformatics, Digital Cartography, Banking Systems for Foreign Exchange Traders, and many more. He is the co-inventor on approximately 120 patents.

Dr. Cohen has over 15 years of experience as an Expert Witness. He possesses excellent written and verbal communications skills, including the ability to express himself well in interpersonal contacts, make presentations to large audiences, explain complex concepts clearly, and write well on levels ranging from the scientific to end user documentation. He is available to analyze complex systems, to write clearly about technical issues, and communicate face-to-face in a manner appropriate for any audience to understand the issues, the technology and the point of view. Dr. Cohen has been deposed and testified at arbitration hearings and in Federal Court.

Expert Witness Projects Include:

• Trade Secrets
• Copyright
• DMCA - Digital Millennium Copyright Act
• Patent Infringement
• Source Code Analysis
• Business Practices
• Damages Analysis
• Computer Software Security / Forensics

View Consulting Profile.

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.

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
• Computer Forensics
• Intellectual property
• Valuation of computer hardware, software and services
• Regulatory, Procurement and Tax matters