We serve four primary roles: Consulting Expert, Expert Witness, Growth Strategy Advisor, and Investigator.
Counsel that I have worked with who have used a Consulting Expert are real believers in the value added. We assist counsel as strategic advisors in the litigation process. Without the requirement (or limitation) of testifying in the case, we can still provide the same detailed analytic support associated with a damages expert, but are permitted the opportunity to evaluate numerous creative alternatives that discovery may hamper an expert from pursuing. Using this evaluation we offer the litigation team sound advice on the advantages and disadvantages of each litigation approach. Once counsel adopts a litigation strategy, we can then help them and the expert witness team all the way to trial aided by our previous exploration of alternatives. Counsel also has a Consulting Expert to turn to to discuss the implications of making mid-course adjustments in reaction to events and rulings in the progress of the case without, again, these discussions possibly facing exposure through expert discovery.
When you have a complex litigation case that requires multiple experts, Brooks Consulting LLC can: develop settlement models; prepare decision analysis of settlement versus litigation alternatives; draft document requests, interrogatories, deposition and cross-examination questions; coordinate trial exhibit preparation and mock trials; and serve as a sounding board for counsel on litigation strategies and for experts on analytical alternatives.
In addition, we manage expert witness searches by identifying groups of expert candidates for interviews by counsel from our extensive database of expert witnesses and network of industry contacts in various business categories (e.g., accounting, economics, finance, industry expert, technology expert, jury services, demonstrative exhibits) and develop witness books about each potential expert with relevant background material.
We at Brooks Consulting LLC are hoping that if you have not previously tried this approach in your complex damage cases, you will at least give us a call to more fully explore this strategy in your next case. If you have employed the approach before and are simply looking to work with a new Consulting Expert, please give us a call.
While Phil Brooks’ experience as a Consulting Expert is the deepest and broadest of his roles, he has also served as an Expert Witness. To date, these cases have involved contract disputes, copyright infringement, environmental cost allocation, and a warranty claim. In addition to providing expert reports, he has testified on damages in depositions, in an arbitration and at trial.
Growth Strategy Advisor
This role is divided into two sub-roles: (1) as an Advisor providing strategy consulting services; and (2) as an Interim Manager taking a hands-on approach to directing the operations of an organization facing growth challenges as CEO/COO/CFO.
In the Advisor role, we have worked through economic development organizations, such as the Pittsburgh Life Sciences Greenhouse or directly with companies. The services offered as an Advisor have included: business plan writing; technical writing support for Small Business Innovation Research (and other grants) applications and reports; strategic partner and investor introductions; presentation development and coaching; market research; and competitive analysis. The clients served in this role are largely from the life sciences, information technology and advanced manufacturing technology industries.
In the Interim Manager role at seven companies, to date, Phil Brooks has served as Chief Executive Officer, Chief Operating Officer, Chief Financial Officer and Controller. In some instances we were called in to help start-up businesses seeking rapid growth and in others the companies were more mature and faced operational challenges that impacted their ability to grow. The companies we have helped as an Interim Manager have traversed a broad range from coal mining to Internet radio to liver stem cell companies. The functional responsibilities included: strategy; finance; accounting; sales and marketing; vendor, facilities and information technology management; and evaluating, establishing and managing human resource programs, including employee benefit plans.
Brooks Consulting LLC’s role as an Investigator involves both litigation and non-litigation projects. Prior patent infringement investigations have supported the filing of patent infringement cases and International Trade Commission complaints resulting in Section 337 investigations. We provide evidence through investigations of possible infringers in client’s markets to support counsel’s filing of a patent infringement complaint based on reasonable inquiry as required by Federal Rule of Civil Procedure, Rule 11.
For plaintiffs this role involves: identifying companies in the client's market and nearby markets; identifying products of these companies that have features/functionality that have potential to infringe the client's patents’ claims; collecting documentation of this potential infringement; and acquiring products for further technical evaluation. For defendants this role involves investigating for prior art that supports a finding of invalidity for a patent.
In the non-litigation context, Brooks Consulting LLC will perform due diligence by evaluating the potential market for specific patent portfolios owned by the client, for acquisition or to license. In addition, clients may seek general business intelligence, beyond that of intellectual property, which benefits from Brooks Consulting LLC’s proprietary research methodology.