Panorama Consulting Group specializes in Enterprise Resource Planning (ERP) Systems and has multiple testifying experts for failed software litigation. This high-profile firmis 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.
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.
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
Following a failed ERP implementation, this state government agency was analyzing the feasibility of a lawsuit against its software selection and implementation partner. The government agency had contracted with the consulting firm to assist in the replacement of its tax collection systems but was forced to stop work after nearly two years of delays and inadequate staffing.
Panorama’s Expert Witness team was retained to provide a forensic analysis and written report to the court regarding the failed implementation of a major software developer’s ERP/payroll system. The goal of the implementation was to allow for the generation of accurate and traceable employee payrolls for a large governmental entity.
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.
Software Engineer Architect Expert Witness Howard Cohen
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.
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.
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:
Burglar Alarm Systems
Wireless Alarm Systems
Wired Alarm Systems
Occupancy Detection Systems
Residential and Commercial Security
Inter Partes Reviews (IPRs)
Research and Development
New Product Development
Alarm Control Panels
PIR (Passive Infra-Red) Motion Detection
uW (Microwave) Doppler Motion Detection
Solar LED Flood Lights (Patio to Street Level)
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.
Ian Cullimore, PhD, has over 30 years of hands-on Software and Hardware Development experience. He specializes in handheld devices, palmtops, PDAs, low power embedded systems, and Internet server technologies.
Background - Dr. Cullimore has held many employment and consulting posts as a software/hardware developer and inventor. He invented the world's first pocket PC which he licensed to Atari as the 'Portfolio'. He is also the co-inventor of the 'Poqet PC', acquired by Fujitsu. Dr. Cullimore is an experienced hi-tech CEO/CTO, yet still very hands-on with respect to architecture and coding. He has many years of experience both in the UK and California (Silicon Valley and LA) in companies ranging from small startups to large corporations, and in building and managing software and hardware teams.
An entrepreneur and start-up and young company specialist, Dr. Cullimore has helped to raise Angel and VC rounds, and has taken startups to exit. He has much experience interfacing with Boards, Investors, and sales/marketing/bizdev groups.
Litigation Support - Dr. Cullimore has a long track record as a Patent and Software / Hardware Expert Witness. His experience includes 30 cases, 19 written Expert Reports, 10 Depositions, and 3 at trial. His services are available to attorneys for both plaintiff and defendant.
Joe Sremack, CFE, CISA, is an expert in Enterprise IT Systems, Data Analysis, and Source Code Analysis and is a managing director in Kroll’s Data Insights and Forensics practice, based in the Los Angeles office. Joe leverages more than 20 years of data analytics and technology experience in assisting law firm, corporate, and government clients respond to large-scale data, software development, and enterprise systems issues.
Joe brings a unique perspective and cutting-edge data solutions to assist his clients with dispute and investigation matters by incorporating advanced technologies and pragmatic solutions. His career encompasses advising clients on a variety of issues across various global jurisdictions where data and enterprise systems play a central role.These issues range from U.S. trade enforcement, securities litigation, consumer class action litigation, SEC/CFPB/FinCEN/CMS regulatory compliance and internal investigations. Joe is the author of Big Data Forensics and a frequent contributor to academic and commercial journals and conferences.
Litigation Support - Joe works with white collar, class action, and commercial litigation clients who are facing complex IT issues and issues involving large-scale, complex data questions. He has assisted clients across the US and over fifty countries. His services include thorough reporting, depositions, and trial testimony as needed.
This book is meant for statisticians and forensic analysts with basic knowledge of digital forensics. They do not need to know Big Data Forensics. If you are an IT professional, law enforcement professional, legal professional, or a student interested in Big Data and forensics, this book is the perfect hands-on guide for learning how to conduct Hadoop forensic investigations. Each topic and step in the forensic process is described in accessible language.
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.
Mr. Pflaum is the Director of Complex Software Litigation at Quandary Peak Research where he leads teams of experts in a variety of intellectual property, contract, fraud, and computer forensics cases. Since 2013, Mr. Pflaum has specialized in advising clients on software-related intellectual property, software project failure, and contract disputes. Mr. Pflaum has testified as an expert at deposition and trial and has extensive experience reviewing and reverse engineering software source code, architecture, and designs. Mr. Pflaum has reviewed and rendered opinions relating to source code written in a variety of programming languages and relating to a broad range of technologies, including mobile and IoT devices, industrial and automotive controls, consumer and medical devices, and e-commerce and enterprise systems and websites. Mr. Pflaum is also an attorney and registered patent agent with professional experience in financial services and software development.
• Software project failure (Government software procurement, public benefits administration, Out of the Box (OOTB), Commercial Off The Shelf (COTS), customizations, configurations, add-ons and extensions to ERP, SAP, and IBM products)
• E-commerce and enterprise systems and websites (e.g., SaaS, COTS, OOTB and custom applications, AWS, Azure, IBM, and SAP)
• Mobile devices (e.g., applications and operating systems for Android and iOS smartphones and tablets), Internet of Things (IoT) devices and sensor networks, and consumer electronics (e.g., set-top boxes and portable media players)
• Industrial and automotive controls and machine vision (e.g., robotics and factory automation technologies, automotive throttle, braking controls, communication systems, CAN bus communications protocols and designs, and functional safety technology), and on-Chip and on-board controllers including power management and memory access controllers
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
Mobile App Development
Patent and Trademark Infringement
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."
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.
Information and Internet Technology Patent Expert Witness Bruce Weiner
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.
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.