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Can-spam Expert Witness

Expert Witness No.2821

New Mexico


High-tech Internet & Legal Expert – Startup to Fortune 50 Experience – Strong Legal and IT Background – Rainmaker

Built business from scratch, and captured 12% of the spa/salon market within 3 years.

Turned around hosting company, growing its accounts from 3,000 to 30,000 within 3 years.

Closed over $3M in e-commerce projects within the first four months of employment with company.

Built e-commerce platform within 4 months, closed seed round of funding within 6 months.

Created (from scratch) an IT consulting practice group of 30 consultants and $5.4M yearly revenues.

IBM, US Army, GE Capital IT project management, consulting and development experience.

Seasoned Chief Operating Officer and Corporate Counsel, with significant experience in telecommunications, networking, security, credit transactions, information technology and the Internet.

Proven experience negotiating and managing challenging, complex, global, multi-dimensional relationships and projects. An ideal translator between law, technology and business, capable of managing large teams of professionals through project, organizational and operational success.

Expert at “debunking” Way back Machine located, a device heavily used in litigation involving Internet companies, E-commerce and/or websites.

Represented Plaintiff in Texas case between Large Web Hosting Company v. Large Web Hosting Company February 2008

Wrote expert report and rebuttal report, been deposed, helped depose defendant’s expert witnesses, and testified on behalf of plaintiff.  Analyzed software and business processes to ascertain defendant ported plaintiff’s software to unfairly compete in the Internet web hosting business.

Represented Defendant in California case between Large Music Publisher v. Small E-Commerce Company September 2008

Wrote expert report that completely demolished the music company’s expert witness, who erroneously attempted to rely on the Way back Machine to prove copyright infringement of defendant’s website over a period of several years.

Professional Experience

A Private Technology Corporation, September 2008 – Present
Chief Operating Officer & Corporate Counsel, Santa Fe, NM

Helping to turn around this high-tech startup by instituting KPI-based accountability, strategic planning and vision, identifying creative sales and marketing opportunities, revamping partnership channels, and streamlining operations throughout the business.

A Privately Owned E-Business Company August 2005 – August 2008
Chief Operating Officer & Corporate Counsel, Albuquerque, NM

Jointly founded this e-business startup. Provided “Instant Gift Certificate” functionality for service-based businesses, helping increase sales (on average) 15% to 30%. Grew business from zero clients to over 2,500 spas and salons, as well as moved the business into other strategic vertical markets, including restaurants and hotels.  Managed all facets of business, except for IT and Marketing, with the biggest role in sales and business development, forging the growth strategy and key relationships. Created the business proforma, and successfully executed around that proforma using a 2x growth multiplier. Successfully managed two rounds of funding, as well as helped steer the business to a profitable 2008 to avoid further funding requirements (to protect against further dilution).

Fatcow Web Hosting, LLC December 2001 – December 2004
Chief Operating Officer & Corporate Counsel, Albuquerque, NM

Oversaw and facilitated an asset purchase of FatCow, winning a valuation double the going industry rate. Managed one of the few profitable, organically growing web-hosting businesses in the industry; seeing the business become one of the Top 100 in a world of thousands of competitors. Obtained profitability within six months of starting, while maintaining high double-digit growth in revenues and signups for past two years. Responsible for all operational functions, including Customer Service, Accounting, Billing, Project Management, Legal, Operations, Human Resources and Office Management.  Saved the company hundreds of thousands of dollars by handling all legal matters, contract negotiations and developed risk-mitigation policies around the ever-changing Internet legal landscape.  Saved the company tens of thousands by micromanaging telecom relationships, renegotiating contracts and auditing telecom bills. Built business plan and financial models which enabled businesses to identify profit-maximization points, appropriate business metrics and answer “what if...” questions pertaining to revenue or cost contributors. Instituted formal processes and teams to manage complex or cross-functional projects, improving success rates,
reducing expenses, and ensuring a greater degree of customer satisfaction and loyalty – effectively creating a superior “brand promise.”

Leapnet, Inc. (Formerly NASDQ: LEAP; Now SPRI) January 2001 – December 2001
Managing Director, Chicago, IL

Managed all facets of business and practice development for approximately 60 IT consultants in Internet Solutions Delivery; Specialized in ASP, BroadVision, Java (EJB and J2EE), and Vignette based e-Business Solutions and information portals; and provided secure, mission-critical, high-volume UNIX- and Oracle 8i-based solutions.  Rescued two highly visible projects, making them positive-gross margin projects while increasing project quality and ensuring successful and timely delivery.   Managed Leapnet’s most visible project: A multilingual, global, high-transaction volume e-Business booking engine involving four other organizations in three other countries and three languages.  Captured an additional $1.4M of “lost” revenues, and helped sell over $3M in projects within the first four months of employment with Leapnet.  Sold, designed and/or implemented Internet-based solutions to organizations such as Cathay Pacific,, Iberia and Amadeus.

A Private Corporation February 2000 – January 2001
Founder, President/CEO, Chicago, IL

Devised, developed and established a business specializing in IT project success: Defining projects and requirements, matching requirements to the best service providers, crafting RFP’s, and serving the role as project facilitator and PMO (project management office). Successfully built security policies, procedures and infrastructure to protect the site from significant hacker attacks

Engaged appropriate resources (people, technology and budget) to build a robust matching engines for complex, customized service offerings; built using C++, Java, PHP, Weblogic, Sybase, MySQL and Linux. Used extensive industry contacts and networking to build an impressive team of professionals. Managed all facets of corporate development, definition of service offerings, and development and implementation of technologies.

Baker Robbins & Company June 1995 - February 2000
Partner, Chicago, IL

Partner for nationwide IT consulting firm, with 6 offices and 150 consultants.
Sold, designed and/or implemented Internet-based solutions to organizations such as GE Capital, GE Capital Auto Financial Services, GE Capital Rail Services Corp, Finance One, Bank One, Bank One Credit Corp, Sidley & Austin, Baker McKenzie, Lord Bissell & Brook, and approximately 20 other organizations. Founded and managed (limited P&L responsibility) the firm’s largest practice group (Consisting of Creative Services, Internet Infrastructure, Security, e-Business and Custom Development): Responsible for consultant training, recruiting, mentoring, marketing, strategic planning, methodology and business development of custom development and Internet
technologies related businesses.

1996 1997 1998 1999
Devised an organic growth strategy with diverse creative, infrastructure and multi-faceted development teams. Consistently thought out-of-the-box to devise internal processes or capabilities that enhanced competitiveness and consultant morale.
Simultaneously managed multiple teams of up to 30 consultants, IT personnel and business leaders in highly visible client engagements, with budgets up to $2M each. Project manager for engagements in e-Business strategy, development, WAN networking, heterogeneous systems integration, document / knowledge management, legacy system connectivity to client/server architectures, and RDBMS to Web integration.  Specialized in the introduction, integration and implementation of client/server and Internet-related technology to IT and business; also focused in synchronizing IT strategies with overall corporate business objectives.  Developed IT strategic focus and framework for Fortune 50 corporations and large professional service organizations, with special emphasis in the legal and financial services vertical markets. Devised, developed and implemented several
successful Fortune 50 E-Commerce business strategies. Created and presented proposals, strategic recommendations, demos, budgets and tactics to senior corporate and legal personnel. Consistently lead the firm in billable hours, business development, and internal projects sponsorship.

Various Technology-Driven Jobs
Chicago-Kent College Of Law April 1993 – February 1995
Research Fellow/Internet Specialist, Chicago, IL

Devised strategic direction for Internet and Web-based technologies, managing through to implementation.  Managed Solaris UNIX environment in 500-node Novell network; devised and developed campus-wide dynamic IP allocation scheme before RFC 1531 (i.e. “DHCP”) was published.  Integrated Internet-based technology into IT infrastructure, support and administrative mechanisms; as well as the classroom and campus culture. Responsible for keeping the faculty apprised of the legal implications of Internet-based technology.  Developed campus usage and security policies, and marketing plans for internal classroom use of Web-based information.

IBM (Advanced Workstations Division) May 1990 – August 1992
Technical Support Representative, Southlake, TX

Designed and developed Internet-based systems solutions for IBM RISC System/6000 customers.
Designed and developed a UNIX-based (AIX) call tracking system that replaced (and synchronized with) IBM’s legacy based call tracking system using C, Perl and Rexx.  Recipient of IBM’s Outstanding Achievement Award and Manager’s Certificate of Appreciation. Trained AIX specialist acting as second-level support for worldwide Q&A center and helpdesk. 21-person team leader of technical support center, responsible for the #1-rated 800 phone support within IBM.

Physical Sciences Laboratory (New Mexico State University) January 1991 – December 1991
Controller Specialist and Programmer, Las Cruces, NM

Designed and developed Internet-based software for the CIA and NSA. Developed C and Assembly software; designed Motorola MVE hardware; and managed SunOS 4.1.x, HP/UX and custom UNIX environments and cross-development platforms.

U.S. ARMY (Atmospheric Sciences Lab) January 1990 – May 1990
Student Programming Contractor, White Sands Missile Range, NM

Designed and developed Internet-based software, served as UNIX and security administrator for facilities.  Developed C and 68000 Assembly software to improve atmospheric and battlefield modeling technology.

Small Systems (New Mexico State University) August 1987 – January 1988
Programming Assistant August 1988 – January 1990, Las Cruces, NM

Provided technical assistance and training for various Internet protocols and Internet-based systems.
Supported Mac and PC network environments, laboratories and campus’ small-systems helpdesk.
Devised, introduced and implemented training strategies for 60 helpdesk staff and students.

IBM (Systems Integration Division) January 1988 – August 1988
Systems Analyst, Owego, NY
Developed PL1 and JCL algorithms and code, conducted a data denial study for IBM’s weather models.  Created contouring algorithms and a comprehensive statistical package for the data denial study.


Licensed Attorney for the State of New Mexico Admitted 2005

New Mexico Bar Examination, Supreme Court of New Mexico.

Licensed Attorney for the State of Illinois Admitted 1996

Illinois Bar Examination, Supreme Court of Illinois.

Registered Patent Attorney Admitted 1994

Patent Agents Examination, U.S. Patent and Trademark Office.


Chicago-Kent College of Law August 1992 – May 1995
Juris Doctor of Law, Chicago, IL

Emphasis on Intellectual Property and Computer Law.

Dean’s Honor List, 1994 and 1995.

New Mexico State University August 1985 – December 1991
Bachelor of Science, Electrical Engineering, Las Cruces, NM

Emphasis on computer hardware and software engineering; Minor in Economics.

Dean’s Honor List, College of Engineering; Crimson and Alumni Scholar.

Member IEEE Society; Eta Kappa Nu; Sociedad de Ingenieros; and Phi Kappa Tau (Vice-President, Treasurer, Scholastics and Alumni Chairman).

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