Financial Testimony Professionals
Our Financial Testimony professionals have industry-leading experience across all types of disputes and are particularly skilled in the determination of damages involving intellectual property. Our top testifying experts average almost 20 years of intellectual property litigation analysis experience, benefitting clients when considering complex financial data, qualitative facts, supporting testimony, and related case law.
Andrew W. Carter, who co-founded Ocean Tomo, currently leads the Expert Testimony practice group.
For more than 20 years Mr. Carter has focused on the value of intellectual property, oftentimes in a courtroom setting by providing damages expert witness testimony. He has testified in both Federal and State courts, as well as in front of the International Trade Commission. With a background in engineering, accounting, and an MBA, Mr. Carter’s clients cover a wide variety of industries. These include telecommunications, internet services, electronics, industrial
products, industrial machinery, consumer products, medical devices, financial services, securities, casinos/gaming, and entertainment.
Mr. Carter, an adjunct professor at the Illinois Institute of Technology, teaches a Master’s level course on the subject of intellectual property management. This practical classroom experience supports his “teaching” rather than “telling” approach to his testimony work and has proven to be highly successful in court.
Cate Elsten is a Managing Director and oversees the firm’s west coast Expert Testimony practice.
She is an accounting, marketing and finance professional with over thirty years of experience. Ms. Elsten has been an intellectual property consultant for 21 years, providing expert testimony on monetary damages, marketing and industry trends, licensing and management practices, corporate and intellectual asset valuations and plans of reorganization in over 70 matters in all nine federal districts, as well as several state and county courts. She also serves as a strategic and valuation consultant and as an AAA arbitrator. She has particular expertise in medical device and other life sciences areas, computer software and hardware and consumer products, but also has experience in financial services, agriculture and food processing, retail and hospitality, telecommunications, and media and entertainment.
Prior to becoming a consultant, Ms. Elsten worked for over 12 years in industry, holding financial, accounting and marketing management positions for companies including Dayton-Hudson Corporation’s Target Stores Division, Aveda Corporation (now a division of Esteé Lauder) and others.
Robert M. Hess is one of the founding members of Ocean Tomo.
His consulting efforts are concentrated in the areas of expert witness testimony in intellectual property infringement lawsuits and general valuation assignments. He has testified in both patent infringement matters as well as other business litigation such as breach of contract. Mr. Hess has worked on well over 100 intellectual property matters and dozens of valuations with a particular specialty in pharmaceutical and semiconductor related litigation.
Jeffrey P. Klug is a Director in Ocean Tomo’s Chicago office.
Mr. Klug’s consulting experience includes the quantification of economic damages in disputes involving patent infringement, trade secret misappropriation, trademark infringement, false marking, and false advertising. He has served as an expert in federal patent infringement litigation and issued several expert reports. Representative case experience spans a broad array of industries including automotive, aviation, biotechnology, computer software, construction materials, consumer products, electronics, finance, internet services, medical devices, paper, pharmaceuticals, and power tools. Mr. Klug has also consulted on engagements involving breach of contract, breach of implied warranty, equity valuation, class certification, and promissory estoppel. Clients have benefitted from his expertise in more than forty separate engagements.
Richard Lettiere is a Managing Director in Ocean Tomo’s Chicago office.
He has expertise in all realms of intellectual property litigation and valuation. During his career, Mr. Lettiere has managed over 100 intellectual property matters, and has particular expertise in patent damages in the telecom industry. He has also performed enterprise level and intellectual property specific valuations in many industries, including telecom, energy, and commercial glass.
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Justin Lewis CPA, CVA is a Managing Director in Ocean Tomo’s Expert Testimony practice and leader of the firm’s Risk Management practice.
Mr. Lewis’ consulting experience includes the quantification of economic damages in disputes involving patent infringement, trade secret misappropriation, and trademark infringement. He has served as an expert in patent infringement, wage and hour and product liability matters in both State and Federal court. Mr. Lewis has worked on over 100 matters spanning a broad array of industries including automotive, biotechnology, computer software, consumer products, electronics, internet services, medical devices, pharmaceuticals, gaming, cellular, wifi and semiconductor. In addition to intellectual property matters, Mr. Lewis has also consulted on engagements involving accounting fraud, breach of contract, breach of implied warranty, wage and hour, product liability and valuation.
James E. Malackowski is Chairman and Chief Executive Officer of Ocean Tomo, LLC.
Mr. Malackowski has testified by deposition in more than 100 matters, the large majority of which are intellectual property disputes. On more than thirty occasions, Mr. Malackowski has served as an expert in Federal Court or the International Trade Commission on questions relating to intellectual property economics, including the subject of business valuation, reasonable royalty, lost profits, price erosion, commercial success, corrective advertising, Hatch Waxman Act market exclusivity, and the equities of a potential injunction. Mr. Malackowski brings a truly unique experience base to his work as an expert drawing upon his role as a Certified Public Accountant, Certified Licensing Professional, adjunct MBA instructor, inventor of numerous issued U.S. patents, and investor in IP assets.
Industries in which Mr. Malackowski has testified include: software, advanced materials, semiconductors, pharmaceuticals, medical products, diagnostics, consumer goods, furniture & case goods, oil & gas, business services, industrial manufacturing, telecommunications, toys, automotive, specialty chemicals, construction, internet, education, fashion & apparel, printing, memory, musical instruments, insurance, display devices, plastics, lasers, photography, financial services, food services, and language translation, among others.
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Michael K. Milani is a Managing Director in Ocean Tomo’s Chicago office.
Mr. Milani is a testifying expert with over 15 years of litigation related experience. He has testified in both state and federal court matters, as well as ADR proceedings. Mr. Milani has significant experience addressing issues relating to the quantification of damages in both intellectual property and general commercial disputes. He is an adjunct professor with responsibility for teaching graduate level classes relating to intellectual property monetization,
including the assessment of commercial damages. He is also a Certified Licensing Professional.
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Shirley Webster is a Managing Director in Ocean Tomo’s Houston office with more than thirty years of professional experience.
Ms. Webster has testified in State and Federal courts and in arbitration. She has directed analyses of intellectual property economic damages resulting from patent infringement, trade secret misappropriation, gray market goods litigation and copyright infringement. Ms. Webster has also provided analyses in intellectual property matters before the ITC with regard to domestic industry, exclusion orders and patent misuse.
In addition to her experience with intellectual property matters, Ms. Webster has provided consulting services, including analysis and expert testimony, on breach of contract litigation, product liability litigation, franchisee/franchisor and distributor disputes, fraud/misappropriations, valuations of intellectual property and intellectual property licensing strategy. Ms. Webster has assisted clients in a variety of industries, including semiconductor, software, medical products, energy, chemicals, telecommunications, consumer products, retail and securities.