Brooks Hilliard has been engaged for over 100 matters in 26 states as an expert witness and/or an expert consultant.
Brooks Hilliard has been qualified as an expert and testified in both state and federal courts, as well as giving testimony in arbitrations, mediations and formal governmental hearings. Attorney references and case captions are available on request.
Descriptions of many of Mr. Hilliard's cases are provided below. Cases included involve failed computer systems, computer fraud, intellectual property, computer forensics, and other areas of computer-related litigation and support. For confidentiality reasons, the litigant and attorney names and case captions are not posted on the web. However, these references are available on request.
In reviewing the following project descriptions, readers should note that the term "alleged" is used purposely. This is done to emphasize the fact that, prior to forming an opinion, Mr. Hilliard begins every assignment -- whether plaintiff or defense -- with no preconceived ideas of which party was responsible for the problem at issue. He believes that no opinion can be fairly rendered or effectively advocated unless the expert begins his review from an unbiased starting point.
A complete professional biography is provided below.
Computer system non-performance:
Brooks Hilliard has been a consulting and testifying expert witness, on computer fraud, for both plaintiffs and defendants, in more than 30 cases involving computer systems that were alleged not to have performed as promised.
Most of these projects involve allegations of fraud, misrepresentation, negligence, ineffective on nonexistent quality control (including failure to adhere to ISO 9000 certified procedures), inadequate testing, flawed development and/or service performance below industry standards. In many of these cases, the systems were acquired to prevent expected Year 2000 problems.
Actions have included review of actions, documents and issues; 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. References are available on request.
Missing, destroyed and/or fraudulently created data (forensic data recovery):
Mr. Hilliard has performed as a consulting and testifying expert in over 20 matters involving the recovery and/or authentication of computer-generated data. In many of these matters, the only computer issue was the missing or questioned data.
Engagements have dealt with areas of law such as intellectual property, insurance bad faith, corporate/partnership dissolution, embezzlement of funds and employment issues.
Business Automation utilizes the same forensic techniques and software used by law enforcement and governmental agencies (not available though common retail distribution channels) to recover missing data, determine whether data has been purged abnormally and/or to authenticate document dating. Assignments have included forensic investigation, production of opinion letters, deposition testimony, trial testimony and assistance in settlement negotiations. References are available on request.
Brooks Hilliard has been involved as a consulting and testifying witness in more than a dozen matters relating to the ownership and/or alleged misappropriation of intellectual property. These matters have involved computer software, computer hardware and confidential business knowledge/information.
These engagements have involved the complete range of copyright, patent and trade secret issues. Project efforts have included forensic investigation, production of opinion letters, deposition testimony, trial and arbitration testimony and assistance in settlement negotiations. References are available on request.
Computer equipment and software valuation:
Mr. Hilliards assignments have included liquidation and "fair market" valuation of computer systems, software and related equipment for matters dealing with business dissolutions, insurance, bankruptcies and allegations of arson. He has prepared written opinions and given depositions and courtroom/arbitration testimony. References are available on request.
Brooks Hilliard assisted with pre-trial discovery as an expert consultant in a federal bank fraud matter. The issues related to computer security and unauthorized electronic funds transfer. Reference available on request. [Note: Mr. Hilliard does not accept assignments relating to allegations of pornography or child abuse.]
Regulatory and procurement irregularity issues:
Mr. Hilliard has performed as a consulting and testifying expert in several matters involving governmental regulation and allegedly flawed commercial and governmental procurement of computer equipment and other regulatory issues. These plaintiff and defense matters have involved such subject areas as:
Brooks Hilliards efforts
have included the production of opinion letters and affidavits, assistance
with settlement negotiations, deposition testimony and public testimony
at a regulatory agency hearing. References are available on request.
Professional Biography of Brooks Hilliard
CMC CCP is a Certified Management
and a Certified
Computing Professional, and president of Business
Inc., an independent management consulting firm based in
Phoenix, Arizona and specializing in computer system selection and
problem resolution. In his consulting capacity, Mr. Hilliard has been
engaged by firms in a wide variety of industries and professions.
Although he has no affiliation with any supplier of computer-based
systems of any kind, he has recommended systems using computers from
Hewlett-Packard/Compaq, Sun, Dell, Apple and nearly every other major
computer manufacturer. He has also recommended the selection of
software from most of the industry's largest developers, including
Oracle, J.D. Edwards, Computer Associates, AutoDesk, Novell, Symantec
and numerous others. In order to maintain its objectivity, Business
Automation does not provide programming services or sell computer
products of any kind.
Brooks Hilliard is one of fewer than 15 consultants in the world and the only actively practicing expert witness in the world who is both a Certified Management Consultant (CMC) and a Certified Computing Professional (CCP). Complete information on the certification requirements and the certifying bodies is given on the certification page of this web site.
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