CRM, SCM & ERP Software Implementation Expert
Brooks Hilliard has extensive experience as an ERP and CRM expert witness, consulting and testifying about business-oriented software such as Enterprise Resource Planning (ERP), Supply Chain Management (SCM) and Customer Relationship Management (CRM) applications.
He has been a consulting and/or testifying expert in more than 50 cases involving allegations of deficient or negligent implementation of business software resulting in faulty operation and/or substandard performance (see also System/Software Defects page). He has been engaged by counsel for both users and vendors for assignments have involving some of the industry’s largest software developers.
Representative engagements include:
- 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 an Internet Service Provider regarding an unsatisfactory implementation of an advertising tracking and billing system (favorable jury verdict).
- Testified for a Wholesale Distributor of Electrical Products regarding unsuccessful implementation of an ERP system software package represented as being suited for the distribution industry (settled favorably after deposition).
- Testified for a Food Products Manufacturer regarding an ERP software implementation 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 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).
- Testified for an ERP Software Developer regarding its responsibility for implementation of its software done by an independent implementation firm.
- 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 software limitations but the agency brought suit anyway when the software firm wanted additional fees to make modifications needed to perform additional functions (opposing expert was withdrawn).
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 service/support, reliability, performance or functionality below minimum industry standards.
Mr. Hilliard’s has been engaged and testified testified in cases involving manufacturing, distribution, publishing/media, professional services and government, as well as applications in a wide variety of other industries. Issues have covered software and/or system installation, implementation, customization and modification (particularly for ERP software), as well as project management, support and other services provided by software firms and independent contractors.
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.
