ERP Expert Witness & SCM, CRM Software Defects Testimony
Brooks Hilliard has extensive experience as an ERP 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 computer systems alleged to have software defects, faulty operation, and/or defective performance (see also System/Software Implementation 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 Regional Wholesale Distributor of Construction Products that was sold a manufacturing ERP system that failed to perform crucial distribution functions including multi-warehouse inventory management, over-the-counter sales, etc. (favorable jury verdict).
- Testified for a Medical Products Manufacturer against a major ERP software developer regarding a version of its software that was represented as having been fully tested and operational, but which was so defective and unreliable that it was ultimately withdrawn from the market (favorable arbitration decision).
- Testified for a Maintenance Management Software Developer relating to a service management system that passed all buyer-specified acceptance tests but the buyer refused payment (settled favorably after deposition).
- Testified for an Electronics Manufacturer against a major ERP software developer and its implementation firm, relating to manufacturing software that failed to maintain accurate inventory records and failed to comply with Generally Accepted Accounting Principles (settled favorably during arbitration hearing).
- Testified for a Hospital Administration Software Developer alleged to have delivered faulty record-keeping software (settled favorably after deposition).
- Testified for a Truck Dealership against a major ERP software developer regarding software that was represented as being “fully integrated”, but showed obvious software defects when passing critical data between its own modules (settled favorably after deposition).
- Produced an expert report for a Medical Claims Administrator relating to CRM software package that “crashed” several times a day (settled favorably prior to testimony).
- Produced expert reports and testified in several matters (on both sides) relating to problems allegedly caused by (a) faulty conversion of ERP software from one operating system to another, and (b) development of defective web-based functionality.
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 functionality, service/support, reliability or performance 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 and CRM 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.