Systems engineering expert witnesses will have varying types of experience, since systems engineering refers to the design and management of different engineering systems, making it imperative that the right expert witness is selected for the specifics of your case. Systems engineering expert consulting may provide insightful information for cases involving such areas as power plant engineering design, computer science, software engineering, industrial engineering, internal combustion engines, automotive engineering, electrical engineering, human factors, ergonomics, networking systems, project management, optoelectronics, information systems, communication systems, and many other facets of the engineering field, as each may become the subject of a systems engineering-related lawsuit.
Systems engineering experts are skilled with both human factors and electronic systems, since each discipline must be considered in the design and project management stages of engineering systems. Systems engineering requires vast amounts of risk management, as those in the field are tasked with building different systems as a means of avoiding potential problems, whether they involve human error or industrial failure.
Systems engineering experts are also often experienced with logistics, supply chain management, finance and various economic issues, plant operation, process engineering, design engineering, data management, data analysis, computer aided design, trade secret disputes, control systems, and other areas pertaining to the research and development of engineering systems.
If you’ve been looking for a highly qualified expert, ForensisGroup has you covered. Call our office today to speak with our helpful staff. You may also fill out and Submit An Expert Request Form to be matched with an authoritative systems engineering expert witness for your case.
U.S. District Judge Susan Richard Nelson in Minnesota recently determined the extent to which the attorney-client privilege protected a law firm’s preparations with an employee/expert under Rule 26(a)(2)(B).At the heart of this dispute was Plaintiff's decision to designate a non-reporting, testifying expert witness pursuant to Rule 26(a)(2)(C). The individual was a named inventor on five of the asserted patents in the underlying action and was one of the founding members of Plaintiff's predecessor-in-interest, as well as Plaintiff’s paid consultant on design and development of new products and development of patent strategy.The parties made cross-objections to Magistrate Judge Franklin L. Noel's order granting Defendants' motion to compel compliance with an earlier order. Plaintiff objected to the order, arguing that its interpretation of the scope of the waiver of attorney-client privilege triggered by the testimony of a non-reporting expert witness was overly broad. In contrast, Defendants agreed with the ruling, but objected to the decision to grant Plaintiff an additional 21-day period to decide whether to accept disclosure of privileged communications or withdraw its non-reporting expert and maintain the privilege.Plaintiff first identified the patent expert as an individual "likely to have discoverable information" in its Rule 26(a)(1)(A) disclosure. Defendants responded by serving him with a document subpoena and deposing him as a fact witness. Plaintiff objected to every one of Defendants' document requests on privilege grounds and instructed its expert not to answer certain questions during his deposition.Plaintiff filed its Rule 26(a)(2)(C) disclosure, identifying the expert as a proposed non-reporting expert witness, and Defendants moved to require the patent expert to submit an expert report pursuant to Rule 26(a)(2)(B). The Magistrate said no, finding that because the expert was not specially retained to provide expert testimony, but rather would testify on the basis of percipient knowledge, he wasn’t subject to Rule 26(a)(2)(B). Defendants then moved for an order overruling the expert's privilege objections to his earlier discovery responses, arguing that by putting the patent expert forward as a non-reporting expert witness under Rule 26(a)(2)(C), Plaintiff waived attorney-client privilege as to materials provided to the expert for his testimony. Plaintiff argued that the 2010 amendments to the Federal Rules, which created the distinction between reporting and non-reporting expert witnesses, said that attorney-client privilege would be waived only in limited circumstances not present here.The Magistrate agreed with Defendants, noting that the state of the law on expert testimony and waiver of privilege prior to the 2010 amendments generally held that all documents and information disclosed to any testifying expert in connection with his testimony, including any communications with attorneys, were discoverable by the opposing party.Magistrate Noel then considered if the 2010 amendments changed this rule and noted that while Rule 26(b)(4)(C) provides explicit protection for some communications between a party's attorney and reporting experts, it’s silent as to whether communications with a non-reporting expert are similarly protected. The rule states that "Rules 26(b)(3)(A) and (B) protect communications between the party's attorney and any witness required to provide a report under Rule 26(a)(2)(B), regardless of the form of the communications, [except in three enumerated circumstances]."Looking to the advisory committee notes for the 2010 amendments, the Magistrate determined ultimately that they "did not change any existing precedent regarding privilege waiver of non-reporting experts that existed prior [to 2010]." Because there was no dispute between the parties that prior to 2010 all documents and information considered by a testifying expert were subject to discovery, he concluded that "any documents and information considered by . . . the expert in connection with his expert testimony, including communications with attorneys are discoverable." The Magistrate then gave Plaintiff a choice to either produce all such documents within 21 days, or, if it preferred to maintain its privilege, withdraw the designation as a non-reporting expert witness.Plaintiff notified Defendants that it would go ahead with the expert as a non-reporting expert witness and produced additional documents it said were all of documents not previously disclosed that had been considered by the patent expert in connection with his proposed testimony. Defendants moved to compel compliance with the Magistrate's order, arguing that Plaintiff's privilege log identified hundreds of documents and other communications considered by the expert but not disclosed, in violation of the order. Plaintiff responded with a motion for a protective order limiting the scope of Defendants' discovery requests.The dispute focused on the proper interpretation of the word "considered" in the order and whether the term should be interpreted broadly to encompass all materials that the expert "generated, saw, read, reviewed, and/or reflected upon"—whether he ultimately relied upon them in forming his opinions or not; or interpreted narrowly to mean just the documents actually used by the expert. The Magistrate again agreed with Defendants, concluding that "the ambit of the term 'considered,' in the context of Rule 26(a)(2)(C) discovery, . . . encompasses material not only used, but generated, seen, reviewed, and/or reflected upon." Rather than immediately require production of the withheld documents, however, the Magistrate again gave Plaintiff 21 days to elect to withdraw the patent expert 's designation as a non-reporting expert witness.Both parties filed objections to the Magistrate’s order. Plaintiff argued that the magistrate’s reading of the scope of the waiver of attorney-client privilege went well beyond the limited waiver envisioned by the framers of the 2010 amendments and beyond the bounds set by prior precedent. Defendants agreed with the Magistrate's interpretation of the scope of waiver, but argue that it was error to grant Plaintiff yet another 21-day period in which to reconsider its election of witness a non-reporting expert witness.Judge Nelson noted that in analyzing Plaintiff's objection, she had to consider what issues were properly before the Court. While the Magistrate’s two orders were intertwined, they settled different issues. The earlier order considered the issue of whether the 2010 amendments to Rule 26, which first created the distinct categories of reporting and non-reporting expert witnesses, changed the pre-existing law regarding waiver of privilege as to communications involving experts. The Magistrate found that the amendments established new protections for communications involving reporting expert witnesses, but that those privileges were not intended to extend to non-reporting expert witnesses. The Magistrate determined that the 2010 amendments to Rule 26 didn’t change the law of waiver of privilege existing prior to the amendments—at least as applied to non-reporting expert witnesses.Plaintiff had 14 days to file objections to the Magistrate's order or waive any assignment of error, and didn’t object to the court's decision on waiver of privilege and non-reporting expert witnesses. As a result, Magistrate Noel's conclusion of law that pre-2010 case law on waiver of privilege continued to govern non-reporting expert witnesses wasn’t properly before the Court. Judge Nelson said what was properly before the court was the much narrower matter of the later order: what scope to give to the waiver of privilege attached to the patent expert 's testimony as a non-reporting witness. In light of the earlier order, Nelson explained that answering this question required little more than looking to see whether the magistrate judge properly applied the law of waiver as it stood prior to 2010.As the Magistrate noted, the waiver of privilege attached to the expert 's status as a non-reporting expert extends to any materials considered in connection with his proposed testimony. Courts have clearly and repeatedly recognized that the term "considered" is to be interpreted broadly in this context, and as a result, the scope of waiver wasn’t limited by subjective questions of whether the expert actually relied on or used the documents and information to which he was exposed in crafting his opinion. The critical point was that he was exposed to those materials. Judge Nelson found that this rule recognizes that part of the purpose of expert discovery is to discover not just the information that the expert used in reaching his conclusions, but also what information he ignored or failed to properly incorporate into his analysis. In light of such considerations, the Magistrate, she said, was correct to hold that "the ambit of the term 'considered,' in the context of Rule 26(a)(2)(C) discovery, . . . encompasses material not only used, but generated, seen, reviewed, and/or reflected upon"… a position that was well supported both by pre- and post-2010 case law.In the alternative, Plaintiff asked the Court to grant it leave to re-designate the expert as a reporting expert pursuant to Rule 26(a)(2)(B). The Magistrate considered the request and rejected it, concluding that Plaintiff was well-advised of the duties imposed by designating the expert as a non-reporting expert witness. Such decisions are well within the discretion of the magistrate judge. Moreover, the judge held that Plaintiff had the opportunity for years to designate the patent expert as a reporting expert but chose not to do so, and would not be permitted to do so at this point.Because more than 21 days had elapsed since Magistrate Noel's order was issued, Judge Nelson modified the period of election to seven days. If Plaintiff wanted to proceed with the witness as a non-reporting expert witness, it had to produce the materials specified within that time. Otherwise, if it wanted to maintain its privilege, it had to withdraw the expert's designation under Rule 26(a)(2)(C). Luminara Worldwide v. RAZ Imports, Case No. 15-cv-03028 (SRN/FLN), 2016 U.S. Dist. LEXIS 158183 (D. Minn. November 15, 2016)
My career has spanned more than 35 years in the fields of electrical, computer, and optical engineering. I have developed extensive experience in the field of liquid crystal displays (“LCDs”). For example, I was a design and procurement consultant for an avionics company during which time I was involved in redesigning an avionics LCD subsystem to use full color LED light sources instead of short arc lamps. Also during my time as a consultant, I have managed and conducted product evaluations for almost every kind of display product – LCD, CRT, Plasma and LED direct view, and projectors. I was co-founder and vice president of a company that develops and manufactures specialized integrated circuits, including those used for testing LCD drivers and LED drivers. I have tracked liquid crystal displays (“LCDs”) and other display technology worldwide with special emphasis on Japan. In this position, I’ve obtained and evaluated samples of all of the current and future production LCDs. I worked closely with several Japanese companies and laboratories to develop new LCD products and test existing LCD products. My work in this role resulted in my inventing or co-inventing six LCD patents and one projector patent. The LCD patents relate to, among other things, a stacked display panel construction and an LCD with an optical fluid layer. I have also provided my services for numerous clients as an electronics product development and LCD expert witness for over 15 years.
I have more than 25 years the fields of Robotics and Aviation with a focus in supervising technical aircraft accident-related investigations, Cognitive Systems engineering, human supervisory control, human-unmanned vehicle interaction, human-autonomous system collaboration, human-robot interaction, human-systems engineering, and the ethical and social impact of technology. I have additional experience in using an automatic data processing accreditation program, including risk assessments, contingency plans, and security test and evaluations. I have also spent time offering services as a drone expert witness expert in North Carolina.
I have spent over 40 years working in the field of systems engineering with an expertise in Gun/missile/hybrid fire control systems, Autonomous Improvised Explosive Device (IED) Detection and Identification systems, Multi-mode, multi-axis line-of-sight stabilization, pointing, tracking, base motion isolation systems, Aircraft TSPI, targeting/navigation pods, stores management systems, and Near-Strike Lightning (NSL) mitigation systems; factory impulse testing of power delivery equipment. I have also spent more than 10 years offering consultations, deposition, and courtroom testimony as a weapons engineering expert witness.
As a drone expert witness, I have over 20 years experience in the Unmanned Aerial Systems (UAS) field with a focus in guidance, control system design, navigation and algorithm development for all unmanned vehicles and drones. I have additional knowledge in Adaptive, Optimal, and Nonlinear Control, as well as Fuzzy Logic and Neural Networks, flight control systems and simulations for several missile programs, and developing advanced vision-based guidance and control technologies for the See and Avoid and Autonomous Moving Target Tracking programs.
I am a wireless engineering professional with over 20 years of experience and knowledge in the wireless communications industry. I have optimized and designed wireless networks determining where and what height cell towers should be placed for the tier 1 wireless carriers. I have zoning experience and have testified as a cell phone expert. I have helped and assisted attorneys and police review and analyze cell phone records. With the same cell phone call records, I am able to map out pertinent information, such as cell tower locations related to the case in question. I am also on in-building wireless DAS (Distributed Antenna System) expert designing in -building wireless solutions for Fortune 500 companies. I have also spent over 5 years as a wireless communications expert witness in New York and have provided numerous clients with such services as consultations and courtroom testimony.
My career has spanned more than 35 years in the field of Maritime Engineering with a particular focus in naval engineering, system engineering, quality assessment, and ship design support. I have additional experience in providing highly technical electrical distribution systems for Navy nuclear submarines and other US Navy ships. I have prior experience working as a maritime engineering expert witness in Virginia and have provided clients with consultations and deposition.
I have more than 40 years of experience in all aspects of power plant engineering design, procurement, construction, operations, maintenance, testing, decontamination and dismantlement of both fossil and nuclear generating facilities both in the United States and internationally. I have developed design documents such as system descriptions, process flow diagrams, P&IDs, technical specifications for fluid systems included in power plants both fossil and nuclear. This work also included preparation of safety analysis reports and environmental impact assessments. While working for a public utility, I operated and maintained mechanical components and instrumentation in operating power plants, conducted performance testing of boilers and turbines and auxiliary systems in accordance with power test codes, and developed power plant life extension and availability improvement programs while participating in the implementation of such programs in operating power plants in the United States. I led a team of engineers that developed the concept of removing and replacing nuclear power plant steam generators by making a new construction opening in the containment shell. As Chief Nuclear Engineer I directed personnel performing containment pressure/temperature transient calculations, thermo-hydraulic and radiological analysis. At Chernobyl, I oversaw and managed the analysis and development of four early projects to stabilize the existing confinement structure, the radiological safety programs, characterize the radiation zones within the existing structure, evaluate the long terms waste management program, and the new safe confinement design that is being implemented. I have over 5 years of expert witness experience with consultation, deposition, and courtroom testimony.
I have over 10 years experience in Computer Science and Software Engineering and over 8 years of professorship in the field, specializing in programming, systems administration, digital circuits, computer networking, operating systems, FPGA, and VLSI. Additional expertise includes Vehicle-to-Vehicle (V2V), Vehicle-to-Infrastructure (V2I), and the hybrid Vehicle-to-Vehicle-to-Infrastructure (V2V2I) communication, distributed algorithms and software architectures for Intelligent Transportation System (ITS) applications. My other expertise includes wireless handheld point-of-sale systems for the restaurant industry. I have more than 5 years of expert witness experience with consultation and deposition.
I have more than 35 years of experience in the field of Industrial Engineering and Supply Chain Management. I have a strong Military career, retiring at the rank of Colonel from the U.S. Air Force. I am Managing Principal of a professional business consultancy with a wise breadth and spectrum of analysis and experience in Supply Chain Management, Systems and Industrial Engineering, Information Technology-Logistics, Higher Education Administration and Governmental Contracting at Federal, State and Local levels addressing strategic matters in for profit commercial and as well as non-profit organizations and companies. I have over 15 years of expert witness experience with consultations, deposition, and courtroom testimony.
I am a mechanical engineer, with over 40 years of experience in the field of internal combustion engines, specializing in diesel and natural gas engines and related technologies. I started my career in 1973 with a company where I gained valuable experience in engine design and development, before moving to the university sector in 1981. I developed research programs in diesel and natural gas engine technologies and taught bachelors’ and master’s courses in diesel engine technology, and advised graduate students at doctoral and masters levels in the field of internal combustion engine technology. In business, I have also managed the development of new technologies and innovation through small teams – processing to the leadership of a large global engineering organization with greater than 2,000 engineers. My leadership role in innovation and technology development, new product development and support has included managing resources and product development in both leading and emerging markets – most notably Brazil, India, and China. I was directly involved with almost every new engine and exhaust emission program from 1993 to 2014. These programs delivered successful engine designs with dramatic reductions of criteria pollutants, oxides of nitrogen (NOx) and particulate matter (PM) of over 98% to near-zero levels. I provided emission regulations promulgated by EPA and California. I have prior expert witness experience with consultation and deposition.
I have more than 5 years experience in the automotive engineering sector with specific experience in the automotive manufacturing of both OEM components and full vehicle assembly / manufacturing. My Ph.D. research is on complex systems design and the development of computational representations and reasoning in design. I have worked on multiple sponsored projects funded by partners such as NASA, Michelin, and BMW. I currently serve as an assistant professor at a University where I work on a multitude of automotive and systems engineering projects.
I have more than 35 years of experience in the field of Forensic Engineering and Consulting with expertise in providing accident reconstructions and analyses of mechanics of the accident occurrence, associated Impact Biomechanics, Mechanisms of Injury, and Kinematics. I have determined relationships of associated claimed injuries to accident mechanics and have evaluated numerous Human Factors issues including warnings, lighting, perception-reaction processes, Impending lmpact Zone, and product designs. I have over 20 years of expert witness experience with consultation, deposition, and courtroom testimony.
I have over 10 years experience in the field Software Engineering. My experience includes programming languages and platforms, Internet and web systems, operating systems and servers, databases, project management and software development, and mobile/wireless devices and applications. I have prior expert witness experience.
I have more than 35 years experience in the fields of Electronics and Electrical engineering with expertise in leading the development of complex space payloads and electronic systems. I have experience with the program management of a hyperspectral imaging payload for a satellite, as well as of an innovative payload system, signal, automotive electronics, and data processing electronics for a low earth orbiting satellite to detect and track ballistic missiles during the midcourse phase of flight. I have additional experience with the first processor to perform target detection and tracking of ballistic missiles performed on-board a spacecraft, and was also the first to implement real time signal video processing algorithms for space-based sensors with large mosaic infrared focal plane arrays. I have invented, developed, and negotiated licenses for a portfolio of successfully marketed electronic games and toys. I have consulted in electronic engineering, the electronics design and product development of consumer, commercial, medical, and industrial control products, and have provided brief preparation, strategy development, and research for patent infringement litigation. I have over 25 years expert witness experience with consultations, deposition, and court testimony.
I have more than 25 years experience in the field of Systems Engineering with expertise in hardware and software. I have experience at defining, designing, and implementing advanced systems. I have extensive experience in real-time embedded design, with additional experience with embedded controller systems design, hardware/software design, integration, and testing; as well as real-time application of C, C++, and assembly; multi-processor systems design, Linux, and VxWorks.
I have 40 years experience in human factors / ergonomics, safety, industrial ergonomics, and systems engineering. I have more than 35 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 10 years experience in the field of Networking Systems with expertise in the design, modeling, optimization, and experimental evaluation of networked systems. I have experience with multimedia/video sensor networks; Underwater sensor networks; Smart wireless buildings; Networked implantable medical systems; Wireless health; Communication wiring, and Cognitive radio networks. I have prior expert witness experience.
I have more than 40 years experience in the field of General Business and Project Management with expertise in top management and the application of technology. I have experience with managing major projects involving strategic planning, organization and process improvement, and design and implementation of complex information systems. I have assisted clients in many different sectors, including high technology, entertainment, sports, real estate development, law, manufacturing, distribution, utilities, and state and local government. I have also provided litigation support technology, including electronic discovery, business consulting, and consulted on law firm administration and management. I have over 35 years of expert witness experience with consultation, deposition, and courtroom testimony.
I have more than 30 years experience in the field of Automatic Identification and Data Capture technologies with expertise in magnetic stripe, bar code, radio frequency identification, and wireless communication. I have additional experience with asset tracking, coding, document tracking, and standards and practices. I have prior expert witness experience.
I have more than 30 years experience in the field of Electrical Engineering with expertise in Light-Emitting Diodes (LED), semiconductors, solid state lighting, and solid-state devices. I have experience with systems engineering, physics, superlattices, and quantum mechanics. I have over 15 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 25 years experience in the field of Optoelectronics with a broad technological expertise. I have experience with electronic engineering, optical communications, optoelectronics (LEDs, laser diodes), photonics (PICs, OEICs, silicon photonics, polarizers, MEMS, optical switches, solar cells), semiconductors (CMOS, SOI, SoS), materials (GaN, GaAs, SiGe, InP, SiC, REO, Sapphire), fabrication (III-V, Silicon), eptitaxy (MOCVD, MBE, CVD), and optics/microelectronics packaging/assembly. I have prior expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 30 years experience in the field of Electrical Engineering with expertise in generation, management, and utilization of intellectual property including patent application drafting and prosecution; infringement analysis, portfolio mining, market analysis, and business and licensing strategies. I have extensive technical and market expertise in the areas of telecommunications, e-commerce, digital video, microelectronics and optics. I have over 10 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 20 years experience in the field of Information Systems and Operations Management with expertise in RFID, Artificial Intelligence (A.I.) and Expert Systems, Machine Learning and Data Mining, Business Intelligence, Cryptography, Simulation, Database Management, Supply Chain Management, CRM, Computer Integrated Manufacturing, eCommerce, Financial Credit Scoring, Economic Models, and Workflow Management. I have additional knowledge in information discovery, healthcare informatics and data, decision support systems, and simulation, as well as being highly familiar with inventory management, technology regulation, online product reviews, organization computing, cryptographic authentication, prediction of web traffic, telecommuters, back-propagation, sensor-enabled smart cards, input data selection, cybertrust, electronic payment fraud, eManufacturing systems, eCommerce applications, and genetic algorithms.
I have over 40 years experience in the field of Communication Systems. My extensive experience includes wireless communications, system / network security, high speed wireless data networking, geolocation technology, real-time digital signal processing, software-defined radio technology, wireless services, cryptography, security, wireless communications, wireless spectrum, signal processing RF hardware and/or embedded systems, encryption, secure communications, and broadband powerline (BPL) technology. I have more than 5 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 30 years experience in the field of Software and Computer Science. My expertise includes technical exotica, device drivers, forensics, and computer science. I have experience as a systems architect, systems programmer, implementer, and systems manager. Also a frequent speaker and published author. I have over 25 years expert witness experience with consultations, deposition, and courtroom testimony.
I have more than 30 years experience in the field of Mechanical Engineering, including systems design and engineering. I provide services to commercial, industrial, institutional, governmental and educational organizations, and the casino / hospitality industries in the areas of mechanical, plumbing, life safety systems engineering, refrigeration, as well as, heating, ventilation, and air conditioning (HVAC). I have over 15 years expert witness experience with consultations, deposition, and courtroom testimony.