Expert witness: computer systems, software and intellectual propoerty / Brooks
Hilliard Computer Hardware and Software Defect Expert
system failure / failed implementation / ERP / Enterprise Resource Planning /
SCM / CRM / ISO-9000 ISO-9001 / network / non-performance


Computer System Performance Expert

Brooks Hilliard has been a consulting and/or testifying expert in more than 50 cases involving computer systems alleged to have software defects, faulty operation, and/or defective performance (engaged by counsel for both users and vendors). These assignments have involved some of the industry's largest software developers. Attorney references are available on request.

Issues have covered software and/or system deficiencies, unreliable software and defective functionality, including matters involving installation, implementation, customization and development services provided by software firms and independent contractors. Representative engagements include:

  • Testified for a wholesale distributor of construction products that was sold a manufacturing ERP system that failed to perform crucial distribution functions such as inventor management (favorable jury verdict).
  • Testified for a medical products manufacturer against a major ERP software developer regarding a version of its software that was represented as having been fully tested and operational, but which was so defective and unreliable that it was ultimately withdrawn from the market (favorable arbitration decision).
  • Testified for a state government agency relating to excessive implementation and support costs billed by a contractor for a defective custom-developed system (favorable arbitration decision).
  • Testified for a maintenance management software developer relating to a service management system that passed all buyer-specified acceptance tests but the buyer refused payment (settled favorably after deposition).
  • Testified for a food products manufacturer regarding an ERP software implemetation that was incompetently managed and executed, and critical information was knowledgeably withheld; resulting in a failed implementation and excessive costs being billed (settled favorably after deposition).
  • Testified for an electronics manufacturer against a major ERP software developer and its implementation firm, relating to manufacturing software that failed to maintain accurate inventory records and failed to comply with Generally Accepted Accounting Principles (settled favorably during arbitration hearing).
  • Testified for a hospital administration software developer alleged to have delivered faulty record-keeping software (settled favorably after deposition).
  • Testified for a truck dealership against a major ERP software developer regarding software that was represented as being "fully integrated", but showed obvious software defects when passing critical data between its own modules (settled favorably after deposition).
  • Testified for an insurance benefits administrator relating to an outsourced software conversion project the administration firm halted prior to completion. The software firm claimed the project would be completed in time to meet a government deadline, but the benefits administrator was unwilling to risk the consequences of missing the deadline (settled favorably after deposition).
  • Testified for a network implementation contractor sued by a subcontractor in bankruptcy seeking payment for an defect-ridden nationwide network implementation (settled after deposition).
  • Produced an expert report for a medical claims administrator relating to CRM software package that "crashed" several times a day (settled favorably prior to testimony).
  • Produced a rebuttal report for an insurance agency software developer alleged to have delivered defective software. The software firm had warned the agency of the the software limitations but the agency brought suit anyway when the software firm wanted additional fees to make modifations needed to perform additional functions (opposing expert was withdrawn).
  • Produced expert reports and testified in several matters (on both sides) relating to problems allegedly caused by (a) faulty conversion of ERP software from one operating system to another, and (b) development of defective web-based functionality.
Most of these projects involve allegations of negligence, misrepresentation, fraud, inadequate testing, flawed development, deficient implementation services below minimum industry standards, ineffective or nonexistent software quality control (including failure to adhere to ISO 9000/9001 certified procedures and/or the Software Engineering Institute's CMM/CMMI processes) and/or functionality, service/support, reliability or performance below minimum industry standards.

Actions have included review of actions by software developer, implementation partner and software licensee; review of electronic discovery; production of opinion letters and affidavits; assistance in case strategy; preparation of interrogatories and deposition questions; deposition testimony, trial testimony and assistance in settlement negotiations.

Attorney references and case captions are available on request.

Contact Information

Telephone
602.264.9263
Address
Business Automation Associates Inc.  
11811 North Tatum Boulevard
Suite 3031-113
Phoenix, Arizona 85028-1632
Electronic mail
BHilliard@ComputerExpertWitness.com
Click the "Call Me" button to call toll-free.


To dial yourself, call 602.264.9263.

 

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