Expert witness software / Expert witness hardware: Brooks Hilliard

Computer system performance expert

Expert witness ERP systems / Expert witness on software for business applications
 

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Brooks Hilliard has been a consulting and testifying expert witness in more than 40 cases (both plaintiffs' and defendants') involving computer systems alleged not to have performed as promised.  These assignments have involved some of the industry’s largest software developers.

Several assignments involving issues relating to software and/or system performance, reliability and functionality (both plaintiff and defendant matters).  Many matters involving installation, implementation, customization and development services provided by software firms and independent contractors.  Examples include:

bullet Testified in Federal Court for plaintiff relating to a manufacturing ERP system (without significant inventory management capability) sold to a stocking distributor of construction products.
bullet Testified for defendant relating to a service management system that passed all buyer-specified acceptance tests but the buyer refused payment.
bullet Produced a rebuttal report for defendant relating to insurance agency software that did not do functions the software developer had warned the licensee (plaintiff) it would not do (plaintiff's expert was subsequently withdrawn, eliminating need for rebuttal testimony). 
bullet Produced an expert report for plaintiff relating to CRM software package in the medical reimbursement industry that "crashed" several times a day (settled prior to testimony).
bullet Produced expert report for plaintiff relating to an ongoing implementation of an ERP system attempting to add high-tech manufacturing functions that were promised as part of the standard software (settled prior to testimony).
bullet Testified for plaintiff relating to an outsourced software conversion project stopped by the customer when it appeared it would not be completed in time to meet a government deadline.
bullet Testified for plaintiff relating to improperly programmed industrial machine that crushed a worker.
bullet Produced expert reports and testified in several matters (on both sides) relating to problems allegedly caused by the conversion of ERP software from one operating system to another, or to run as an Internet application.

Most of these projects involve allegations of negligence, misrepresentation, fraud, inadequate testing, flawed development, 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 discovered documents; 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. 

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