Jon Seidel, CMC
Certified Management Consultant

3373 Guido Street Oakland, CA 94602-3507
+1-510-530-6314 / +1-510-531-1522 FAX
Contact Jon:

Detailed Legal CV.

List of Expert Witness and Litigation Support Cases

Mr. Seidel has consulted to legal firms regarding prosecution of criminal and civil cases involving computer technology. His experience includes technical review and recommendations, deposition support and court hearing testimony, including the following matters:

~1994

Designated as testimonial witness and research consultant in Northern Telecom V. EXP. Provided background research and a technical opinion; did not testify at deposition or trial.

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4/1995

Retained as an expert witness in Wang v FileNet in a case involving a contract dispute. See also 7/2001 – 8/2001, FileNet v Chubb Group of Insurance Companies.

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2/1994 – 12/1995

Engaged as a research consultant in California State Lottery v. High Integrity Systems, et al, for Downey, Brand, Seymour & Rohwer in a litigation that involved a contractual dispute with several California State vendors relative to large online-real time distributed data system and the supporting telecommunications network. Testified before Judge with respect to discovery dispute. Additionally, assisted in settlement analysis. Robert B. Silva, Director of the Information Management and Services Division for the California State Lottery provided the following reference:

“Jon's prior work on litigation issues and his technical knowledge provided expertise that we could not easily obtain elsewhere.”

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7/1996 – 10/1996

Designated as testimonial witness in Compuware v. Dupont matter for Cooley Godward, LLP. Case involved questions related to system level operation of Abend "abnormal end of program" application. Prepared expert report; deposed. Case disposition unknown.

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3/1998 – 6/1998

Retained as an expert witness in PremiereBank v EDS, on behalf of Nelson Mullens, in a software system contract dispute and Y2K software issues. Disposition unknown.

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12/1998 – 8/1999

Designated as consulting and testimonial expert in Gateway 2000 v. Ernst & Young, on behalf of Gateway 2000 for the law firm of Winston & Strawn. This project involved a billing system performance contractual dispute with one of the Nation’s large accounting firms. Richard A. Hibey gave a Member of the firm the following testimonial a Member of the firm:

“Your analysis of the management aspects of GCI was trenchant. Listening to you in our meetings helped me understand these issues, reducing them from great complexity to comprehensibility. Thank you for your effort.”

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3/2001 – 5/2001

Designated as a consulting expert in Omega Cabinets, Inc. v. Jump Services on behalf of Dorsey & Whitney LLP. The case involved the non-delivery of software and services for a customized ERP system for a furniture manufacturer. Consulted to counsel in this matter. Case settled.

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11/1999 – 9/2000

Retained as an expert witness in America West v Informix on behalf of Cohen, Kennedy, in a contract dispute over the design and development of custom software. Case disposition unknown.

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5/2001

Designated as a consulting expert in Carrera-Maximus, Inc. v. Halis, Inc., on behalf of Halis for Richard Hart, Esq. This project involved a dispute over delivery of an accounts receivable function that was one component of a much larger project. Consulted to the attorney and client regarding the matter. Case settled.

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7/2001 – 8/2001

Designated as a consulting expert in California Medical Association v. Advanced Solutions, International on behalf of Alborg, Veiluva & Cannata. The case involved a contract dispute over member management software. Mr. Seidel consulted to counsel and drafted a deposition. Case settled before the deposition was filed with the court. Ms. Cannata gave Mr. Seidel the following testimonial:

“The extent of your knowledge regarding the complicated technology issues underlying the case was impressive. … I believe your knowledge and insight also was instrumental in enabling us to reach a fair and equitable settlement of the case.”

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7/2001 – 8/2001

Designated as a consulting expert in an insurance claim in a matter involving FileNet and CGU on behalf of Chubb Group of Insurance Companies. The project involved the non-delivery of contracted software and services. Consulted to the Litigation Examiner on the case and prepared a report regarding the matter. Case disposition not disclosed.

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7/2001 – 8/2001

Retained as a consulting expert in Infosys v. Onnanet on behalf of Rivkin Radler, LLP in a case involving a contract dispute over web development work. Mr. Seidel reviewed software development documents and provided an informal opinion as to the quality and usability of those documents for building a commercial website. Case disposition not disclosed.

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8/2001

Designated as a consulting expert in Insevo, Inc. v. Codify Inc. and Resource Adapters, Inc. on behalf of Crosby, Heafey, Roach & May. The project involved a contract dispute and theft of trade secrets in the design of software products. Consulted to counsel and supported counsel in depositions. Case settled.

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12/2001 – 2/2002

Designated as a consulting expert in KPMG Consulting, LLV v. Cable & Wireless Global Limited on behalf of McKool Smith. The case involved a contract dispute over custom software and services for the telecommunications industry. Case settled shortly after designation.

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9/2001 – 4/2002

Designated as a testifying expert in eProfile v. 1stWebBankDirect on behalf of Stevens Lee, LLP in a case involving a contract dispute over web development work. Mr. Seidel prepared an expert report and a rebuttal report, was deposed, and testified before a panel of three arbitration judges in the matter. Case settled positively.

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10/2001 – 5/2002

Designated as a consulting expert in Accucorp v Kodak Software, on behalf of McCutchen, Doyle, Brown, and Enersen. The case involved a dispute over the inclusion of proprietary software code into a commercial package. Mr. Seidel reviewed the two products and provided assistance to the attorneys in the case.

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4/2001 – 2/2003

Designated as a consulting and testimonial expert in Mitchell International v. Quivox for the law firms of Seltzer Caplan, McMahon Vitek and for Royce, Grimm, Vranjes, McCormick & Graham LLP. This project involved a dispute over an internet-based e-Commerce product and theft of trade secrets in the auto collision repair industry. Mr. Seidel consulted to counsel and prepared an analysis and report for the presiding judge. Case settled. Gene Royce had this to say about Mr. Seidel’s contribution to the case:

“…you were able to step up a level and analyze the conceptual underpinnings of the products developed by both sides and thus identify significant differences between the two sides in the case. Your report was highly effective in educating the master and … directly contributed to the positive settlement that we were able to achieve in the case.”

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7/2002 – 6/2003

Retained as a consulting expert in FreeMarkets v Hologix on behalf of the two parties in a case involving development and delivery of custom software for a web-based commercial auction site. Mr. Seidel and a co-consultant prepared a joint report for the judge in this matter. Disposition not disclosed.

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8/2003 – 10/2003

Retained as an expert witness in comData v IBM on behalf of Branham & Day, P.C. in a case involving a contract dispute over performance and billing issues. Mr. Seidel researched a number of technical issues in the case. Case settled prior to any expert report or deposition.

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7/2004 – Present

Retained as an expert witness on behalf of Stroock & Stroock & Lavan, LLP and subsequently by Bartko, Zankel in a case that is still in progress.

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6/2005 – 8/2005

Retained as a neutral expert witness in the matter of Systems Management Inc v Greater Minnesota Convention & Visitors Association and Eutech, in a case involving a dispute over software copying and derivative works, on behalf of The Webb Law Firm, Pietragallo Bosick & Gordon, LLP, and Fredrickson & Byron, PA. Case involved database and software analysis and comparisons. Suit settled pursuant to submission of our report.

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5/2010 – 6/2010

Retained as an expert witness in the matter of eForce Global Inc v Bank of America Corporation in a case involving a dispute over project management and contract terms, on behalf of Martin H. Kresse. Case involved analysis of software and project management of a multi-party development project. Mr. Seidel prepared an expert report; no deposition was given as the case was stopped following a Motion for Summary Judgement.

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