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850-983-4777 | www.ropellaexperts.com
Stepherson Layne, LLPLAW FIRM
CASE
Unitherm Food Systems, Inc.v.ConAgra Refrigerated Foods.
EXPERT SEARCH CASE STUDY:
DOCKETNUMBER No. 04-597
ROPELLAG R O W I N G G R E A T C O M P A N I E S
TM
8100 Opportunity Drive, Milton, Florida 32583850-983-4777 | www.ropellaexperts.com
LAW FIRM
Stepherson Layne, LLPCASE
Unitherm Food Systems, Inc.v.ConAgra Refrigerated Foods.DATE ARGUED:
Nov. 2, 2013
DOCKET NUMBER:
No. 04-597
For more information contact:
David Layne
Client Manager
Ropella Experts
850-983-0432
Unitherm Thermal Solutions
Vertical Cruster
Stepherson Layne
Expert Search2
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Stepherson LayneOverviewSince 1963, Stepherson Layne’s mission is to provide superior legal services to their clients. This commitment to excellence has been and will be the central tenet of their practice. With offices in Oklahoma City and Tulsa, the firm represents clients on a local, regional and national scope. Representing clients in all industries, their attorneys solve problems and obtain exceptional results. They do so as partners with their clients to make sure their client’s objectives and goals are not just met but exceeded in a cost-effective and efficient manner.
Stepherson Layne’s attorneys are also accountants, bankers, scientists, engineers, ranchers and community servants. Their diversity and experience in a wide array of disciplines ensure they understand and are responsive to their client’s objectives and that they are able to provide creative solutions.
Recognized by their clients and peers, Stepherson Layne has garnered numerous awards. Their attorneys have been selected as leaders in the legal profession by Chambers USA, American College of Trial Lawyers, Best Lawyers in America, Benchmark Litigation, Litigation Council of America, Super Lawyers and many other publications.
Stepherson Layne is also a member of the Law Firm Alliance, a strategic alliance of mid-sized law firms that was established to provide legal clients greater access to high quality and cost-effective legal services.
Law Firm
More Information:
stephersonlayne.com
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Client Company Unitherm Food Systems, Inc.Unitherm is known for its innovative approach to the design and creation of thermal food processing equipment and systems to maximize yields while enhancing safety and profitability. While most other food processing equipment suppliers are known for the breadth of lines, Unitherm has grown its business by focusing on efficiency and safety in the thermal processes that matter most. From cooking and chilling to pasteurization and freezing, Unitherm provides best-of-breed continuous thermal food processing equipment to maximize quality, production efficiency, and safety.
Unitherm was founded by David Howard in the United Kingdom in 1985 as a stainless steel design and fabrication shop specializing in custom equipment for food processors. As business evolved, the company’s unique design ability, and its increasingly technical approach to problem-solving, led to successful collaborations with engineers from companies around the world in the development of custom cooking systems. David Howard, the founder and innovative force behind Unitherm’s growth continues guide the business to this day. Such stability and continuity is very rare in an industry buffeted by continuous business turmoil and change.
Combining innovative product design with quality craftsmanship allows Unitherm to guarantee product outcomes that are safe and efficient. Nothing is more essential in the industry than food safety, among other safety innovations Unitherm introduced pasteurization of ready meals to the US. It also pioneered impingement technology for freezing, and introduced a continuous crusting process to dramatically improve the efficiency of log slicing.
Stepherson Layne
Expert Search4
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Attorneys
John Davidson, Sr. PartnerJohn Davidson has close to 30 years of litigation experience. He concentrates his practice in complex commercial litigation, including business torts, intellectual property and patent infringement. He has appeared in federal and state courts across the nation on matters relating to intellectual property, antitrust, personal injury, insurance coverage and bad faith. He served as co-counsel in a patent/anti-trust lawsuit wherein he won for his clients a $20,000,000 patent and anti-trust verdict which ultimately was reviewed and affirmed by the United States Supreme Court – Unitherm Food Sys., Inc. v. Swift Eckrich, Inc., 546 U.S. 394. Unitherm is recognized as Supreme Court precedent for the requirement of a Rule 50(b) motion for challenges to the sufficiency of evidence.
Mr. Davidson’s experience also includes representing insurers against allegations of insurance bad faith and other companies in prosecution and defense of business related torts and disputes.
Eric Smith, PartnerEric Smith is a trial and an appellate lawyer whose practice spans a broad range of business and personal disputes, including business and personal torts, securities fraud, class actions, antitrust, shareholder derivative suits, insurance coverage and bad faith cases, intellectual property, communications law, and products liability. He has represented both plaintiffs and defendants in federal and state antitrust claims involving alleged restraints of trade, including monopolization, combinations, tying, boycotts, monopsony, and below-cost pricing. Mr. Walters also has litigated matters on behalf of a number of Indian tribes regarding gaming and membership issues. He served as lead counsel in what we believe was the first case in which an Indian tribe successfully enjoined the construction of a facility on a United States Army base based on interference with tribal religious and cultural rights.
Mr. Smith has litigated cases in federal and state courts throughout the United States, and is admitted to the Oklahoma, Virginia, and District of Columbia bar associations as well as to all Federal Courts in Oklahoma, the District of Columbia, and the Eastern District of Virginia.
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Supreme Court of the United StatesUNITHERM FOOD SYSTEMS, INC.K Petitionerv.SWIFT–ECKRICH, INC., dba ConAgra Refrigerated Foods.
Docket Number: No. 04–597.Date Argued: Nov. 2, 2013.
BackgroundCooking equipment manufacturer and seller of pre-cooked meat products sought declaration that competitor’s patent was invalid. They also asserted antitrust and tortious interference claims. Competitor counterclaimed for patent infringement.
Plaintiff: Unitherm Food Systems, Inc.
Plaintiff’s Counsel: John Davidson, Eric Smith
Defendent: ConAgra Refridgerated Foods
Defendent’s Cousel: Joe walsh, Stephen Miller
Position InformationThe successful candidate will serve the function of a consultant, as well as a testifying expert for Stepherson Layne LLP. This includes assisting counsel in preparing for the deposition of law or expert witnesses. The consultant will also explore alternative theories and hypotheses and perform research projects.
Timetable for Expert Witness � Potential expert billing life: from time when expert is hired until
end of trial
� Settlement: from date of case filed until end of trial
� Summary Judgement: from depositions until trial prep
Case Opens � Case Phase: pre-litigation
� Expert Work: experts hired and begin consulting
9/15/2013 � Case Phase: case filed
� Expert Work: experts hired and begin consulting
Case Information
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11/2/2013 � Case Phase: experts declared, then Markman hearing
� Expert Work: Markman testimony
2/2/2014 � Case Phase: expert reports, depositions
� Expert Work: write report, deposition prep and deposition (consult)
5/2/14 � Case Phase: trial
� Expert work: trial prep/testify
Key Responsibilities � Investigate the facts of the case, research financial issues involved,
and help the attorneys gain a better understanding of how best to present a successful case.
� Provide a written report which includes all opinions, the basis for the opinions and the information that was considered in coming to the opinions.
� Educate the attorneys and the client on issues relating to the expert’s area of expertise as those issues related to the case.
� Assist the attorneys and the client by testifying on behalf of the client, should the case make it to trial.
� Assist the court and the jury to understand the principles and methods of valuation and how they apply to the case.
� Help spot weaknesses in the credentials or testimony of an opposing party’s expert witnesses.
� Assist the attorney in developing lines of inquiry for cross-examination of the opposing party’s witnesses.
Qualifications � Bachelors in Accounting, Economics, Finance, Business or related field
(Masters preferred).
� Affiliated with one or more professional organization which promulgate ethical and professional requirements such as the CFA Institute, the American Society of Appraisers (ASA), and the National Association of Certified Valuation Analyst (NACVA).
� 15 years of related professional experience.
For more information contact:
David Layne
Client Manager
Ropella Experts
850-983-0432
ROPELLAG R O W I N G G R E A T C O M P A N I E S
TM
8100 Opportunity Drive, Milton, Florida 32583850-983-4777 | www.ropellaexperts.com
Skill Survey Forensic Accounting Expert Witness
Name: Date:
1. Tell us about any conflicts of interest that you may have with any involved parties provided below: Plaintiff: Plaintiff’s Counsel: Defendant: Defendant’s Counsel:
2. Tell us about any travel limitations and/or any other issues related to your availability to work this case per our client’s timetable. Please revert to the Opportunity Marketing Piece to view our client’s timetable.
3. Describe any prior experience in forensic accounting cases, particularly, cases involving the calculation of economic damages due to the interruption of a business’ operations.
4. Outline your experience serving as an expert witness with depositions and/or with courtroom testimony. Please include a short summary per case of your involvement, as well as the case outcome.
References Please provide three to six references that can testify to your expertise related to this specific case.
Example: Bob Smith, currently – Sr. Partner at Dunder, Mifflin & Jergen, LLP 412-123-4567, Email: bob.smith@dm&j.com. Prosecuting attorney that engaged my services to assist in case development
We will NOT contact any references until after completing the interview process and not without notifying you first.
1) 2) 3)
4)
Our Expert Scorecard is a form you complete on every expert you have now screened as a potential fit. If you can tell that some of the experts are probably C level in a superficial overview in comparison to others you set those aside now and grade the rest. The grading sheet will help you objectively weigh all the Must Haves and even the preferences in such a way that at the end of using the grading sheet process you can be pretty sure who the A plus experts are, who the A experts are, and who the B experts are. Then we focus on scheduling for the A’s.
Expert Comparison-Scorecard Grader's Name:
Expert Name: Grade:
Law Firm: Stepherson Layne, LLP Sr. Partner: John Davidson
Client Co.: Unitherm Food System, Inc. Attorney: Eric Smith
Comp. Range: Expert Rate:
Communications: L = Heavy Accent - Hard to Understand M = Accent - Understandable H = No Accent - Easy to Understand Comment:
Attribute A/B/C Comment 1. Conflict of Interest A = No issue whatsoever B = Some issue in this area – describe: C = Major issue in this area – describe:
2. Travel limitations & availability A = No travel limitations & wide-open availability B = No travel limitations, but some issue w/ availability – describe: C = Cannot leave country, and major issue w/ availability
3. Exp in forensic accounting cases A = Yes, significant experience B = Some experience C = None, or very little experience
4. Exp. serving expert witness. A = Yes, exp with depositions & courtroom testimony. B = Yes, but only with depositions C = None, or little experience
Grading Point System: A’s = 4 B’s = 3 C’s = 2 Bonus Points = 1 Now sum the numerical values and divide by total
Total Points: Divided by __ grades = Avg. Grade:
