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Computer Systems and Software Testifying and Consulting Expert Witness

Business Automation Associates, Inc.

Business Automation Associates, Inc.

11811 North Tatum Boulevard
Suite 3031

Phoenix, Arizona 85028

Phone(602) 264-9263
Fax (602) 532-7244

Website www.computerexpertwitness.com
E-mail  Send an email

Expert WitnessForensic ExpertSpeaker
Business Automation Associates, Inc., CEO Brooks Hilliard 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. He 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.

Services

Business Automation Associates, Inc. provides services in:

Software and/or system performance, reliability and functionality: issues relating to installation, implementation, customization and development services provided by software firms and independent contractors. Most 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.

Intellectual property, including patent, copyright and trade secret litigation: These matters have involved computer software, computer hardware and confidential business knowledge/information. These engagements have involved the complete range of patent, copyright 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.

eDiscovery, computer forensics, and computer evidence authentication: Engagements have dealt with areas of law such as alleged wrongful termination, corporate/partnership dissolution, intellectual property, insurance bad faith and embezzlement of funds. Business Automation utilizes the same forensic software and techniques 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.

System/Services Valuation: 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. Prepared written opinions and given depositions and courtroom/arbitration testimony.

Criminal: Assisted with pre-trial discovery for defense as an expert consultant in multiple federal matters including alleged bank fraud. The issues related to computer security and unauthorized electronic funds transfer.

Regulatory, Procurement and Tax: Consulting and testifying expert in matters involving governmental regulation and allegedly flawed commercial and governmental procurement of computer equipment and other regulatory and tax issues. Efforts have included the production of opinion letters and affidavits, assistance with settlement negotiations, deposition testimony and public testimony at a regulatory agency hearing.


Litigation Support Services

Business Automation Associates, Inc has provide more than 90 expert engagements relating to allegedly failed business computer systems and software (e.g., ERP and CRM), including implementation, functionality and quality issues. Principal Brooks Hilliard has testified more than 30 times for computer system customers, vendors and implementers, testifying and consulting expert assignments in 25 states, and qualifying as an expert on computer software and hardware in both federal and state courts. Experience including patent, trade secret, computer evidence authenticity/forensics, and computer system/software valuation litigation.

Areas of Expertise

Additional Expertise:

ERP Systems, ERP Failure, CRM Systems.

Profile

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. 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, 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, Oracle (including PeopleSoft and JD Edwards), Computer Associates, etc.. In order to maintain its objectivity, Business Automation does not provide programming services or sell computer products.

Mr. Hilliard has testified more than 30 times and, in total, has been engaged in expert witness assignments in over 25 states. These matters have related 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.

Prior to founding Business Automation in the 1980s, Mr. Hilliard worked for computer companies where his responsibilities included management positions in software development, sales, marketing, field service, contract negotiations and general management. As a result of this experience, Mr. Hilliard can effectively assess a wide range of computer/legal issues, including: software development risks and responsibilities, computer marketing practices, valuation of computer systems, forensic data recovery and authenticity of dated computer documents.

In addition, Mr. Hilliard has served as a national Board member for the Institute of Management Consultants USA, and has served as a current or past board member for the Arizona Harvard Business School Association, the Arizona M.I.T. Alumni Club, the Arizona Region 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 Forensic Expert Witness Association, State Bar of Arizona Technology Task Force, 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.

Consulting Practice

All States

More Information

Computer Forensics Expert Witness
Intellectual Property Expert Witness
SCM, CRM & ERP Software Defects Expert Witness
Software & Systems Licensing & Contract Negotiation Expert Witness
About Brooks L Hilliard, Litigation Support
Contact Business Automation Associates Inc., Forensic Consultant

Professional Experience

Computer industry professional for more than 40 years, beginning as a systems programmer working for a software consulting firm contracted to NASA, US Air Force, Honeywell Computer Systems, and others. After attaining MBA degree, worked for multiple computer companies, includes positions as:

* A computer system salesman
* A marketing executive for computer companies with responsibility for setting functional specifications, participating in product design decisions, and reviewing/approving technical designs of products
* A contract negotiator

Formed Business Automation in 1980 to work as a consultant to businesses in a wide variety of industries engaged to:

* develop functional specifications for hardware, software and services needed to meet business needs
* identify qualified vendors of such hardware, software and services
* evaluate vendor offerings
* negotiate contracts between buyers and sellers of computer systems and services; * oversee the process and resolve problems arising during the implementation of computer systems and services

Business Automation has been providing consulting and testifying expert services in litigation since 1983.


Legal Experience & Services

Business Automationís engagements over twenty-plus years of consulting have dealt with approximately thirty percent of expert witness / consultant projects. Mr. Hilliard has testified more than 30 times and, in total, has been engaged in several dozen expert witness assignments in over 25 states. These matters have related 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.


Affiliations

Institute of Management Consultants USA (Chairman of Ethics Committee, Past National Board Member)
Independent Computer Consultants Association
Institute for the Certification of Computing Professionals
Forensic Expert Witness Association
Harvard Business School Alumni Association
M.I.T. Alumni Association
Rotary International


Qualifications

Mr. Hilliard is one of fewer than 15 consultants in the world to attain both the CMC and CCP certifications. Mr. Hilliard can effectively assess a wide range of computer/legal issues, including: software development risks and responsibilities, computer marketing practices, valuation of computer systems, forensic data recovery and authenticity of dated computer documents.

In addition, Mr. Hilliard has served as a national Board member for the Institute of Management Consultants USA, and has served as a current or past board member for the Arizona Harvard Business School Association, the Arizona M.I.T. Alumni Club, the Arizona Region of the National Conference for Community and Justice, Devereux Foundation (Arizona), Junior Achievement of Central Arizona, the Phoenix 100 Rotary.


Awards & Honors

Certified Management Consultant (CMC)
Certified Computing Professional (CCP)


Seminars & Training

Professional Speaker for trade associations and businesses
State Bar of Arizona Convention speaker
Arizona State University Faculty Associate (former)
American Management Association Seminar Leader (former)


Publications

"Buying a Computer for Your Growing Business: An Insider's Guide", Dow Jones Irwin, 1984.


Education

M.B.A., Harvard Business School, 1973
S.B., Massachusetts Institute of Technology, 1968





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