Brooks Hilliard has been engaged for over 100 matters in 26 states as an expert witness and/or an expert consultant.

Abstracts of typical cases: System non-performance ~ Missing/fraudulent data (computer forensics) ~ Intellectual property ~ System valuation ~ Criminal ~ Regulatory and procurement

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.

• Several assignments involving allegedly failed "E.R.P." (Enterprise Resource Planning) systems sold by some of the world’s most respected computer and software suppliers.
• Many other matters relating to various types of "mission critical" business computer systems and/or software alleged to be defective or unusable.

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.

• Numerous matters involving the discovery/recovery of missing or deleted documents (or original versions of such documents) on opposing litigants’ hard drives, e-mail records and/or backup media.
• Several assignments dealing with questions of whether key computer documents have had their dates and/or contents  altered after the fact, or whether their purported creation date is consistent with the evidence on the computer hard drive where they are stored.

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.

Intellectual property:

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.

• Multiple plaintiff and defense assignments relating to alleged misuse, duplication or copying of software logic including imitation of proprietary "look and feel".
• One plaintiff’s case involving allegations that the features and design of a computer hardware device had been copied in contravention of the provisions of a non-disclosure agreement.

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. Hilliard’s 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.

Criminal:

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:

• Protest of a governmental procurement
• A utility rate-setting calculation
• "Whistle-blower" termination cases
• Immigration status of a computer professional
• Recission of a computer contract signed under suspicious circumstances

Brooks Hilliard’s 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.
 

Click here for a professional biography in PDF format

Brooks Hilliard CMC CCP is a Certified Management Consultant and a Certified Computing Professional, and president of Business Automation Associates, 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 IBM, 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 Microsoft, Lotus/IBM, 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. 

In twenty years of consulting, approximately thirty percent of Business Automation's engagements have been expert witness/ consultant projects. Mr. Hilliard has worked on over 100 such assignments in over 25 states, including matters relating to computer system non-performance (both software and hardware), recovery of missing and deleted data, the use of fraudulent computer evidence, intellectual property and computer security. His activities have included assistance with case evaluation, development of pre-trial and deposition strategies, evaluation of damages, development of expert opinions and deposition/courtroom testimony. He has been successfully Daubert tested and qualified as in expert in both state and federal jurisdictions. 

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.

During the period from 1965 until he founded Business Automation in 1980, Mr. Hilliard worked for several major computer companies including ITT, Wang, Informatics, Harris and others where he was responsible for nearly every phase of direct customer interaction. This experience included both line and management positions in software development, sales, marketing, field service, contract negotiations and general management. As a result of this personal experience, Mr. Hilliard can effectively assess a wide range of computer/legal issues, including: software development risks and responsibilities, "Year 2000", computer marketing practices, valuation of computer systems, forensic data recovery and authenticity of dated computer documents.  In addition to his full-time consulting activities, Mr. Hilliard has served as a current or past member of the Board of Directors for the Arizona Chapter of the Institute of Management Consultants, the Arizona Harvard Business School Association, the Arizona M.I.T. Alumni Club, the Arizona Chapter of the National Conference for Community and Justice, Devereux Foundation (Arizona), Junior Achievement of Central Arizona, the Phoenix 100 Rotary.  He has also been active in the State Bar of Arizona Technology Task Force, the College of Certified Management Consultants, the Arizona Technology Council and the Independent Computer Consultants Association.  He has done commentary for Public Radio International's nationally-syndicated MARKETPLACE news program, led seminars for the American Management Association and spoken at numerous computer, management and other professional meetings.

Mr. Hilliard has also authored a book, "Buying a Computer for Your Growing Business, An Insider's Guide," which was published by Dow Jones-Irwin. 

Mr. Hilliard's educational background includes an M.B.A. from Harvard Business School with emphasis on small business management and marketing. He also holds a Baccalaureate degree in mechanical engineering with Deans' List academic honors from the Massachusetts Institute of Technology.  In addition, Mr. Hilliard has lectured as a Faculty Associate with the Arizona State University School of Business. 

Born and raised in Los Angeles, Mr. Hilliard has lived in Arizona, California, Massachusetts and Washington, D.C. (where he served as an officer in the U.S. Coast Guard.