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EPS

Litigation Support

Expert Solutions for Complex Challenges.

At EPS, we provide comprehensive litigation support services that combine our deep technical expertise with strategic insights to strengthen your legal position. With a proven track record in delivering successful outcomes, our team offers expert testimony, detailed analysis, and robust support for legal disputes across various industries.

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Our Expertise

Expert Testimony

Our seasoned professionals deliver clear, credible, and persuasive expert testimony in courtrooms, arbitration hearings, and depositions.

  • Technical and Engineering Expertise: Decades of experience across multiple engineering disciplines.
  • Complex Subject Matter Simplification: Ability to translate intricate technical concepts into understandable language for judges and juries.
  • Cross-Examination Preparedness: Skilled in defending analyses under rigorous scrutiny.

Litigation Support for Business Disputes

We assist legal teams with in-depth analysis, research, and strategic advice to bolster case development.

  • Case Strategy Consultation: Collaborate with attorneys to develop effective legal strategies.
  • Technical Document Review: Analyze technical documents, patents, contracts, and operational data.
  • Discovery Assistance: Aid in formulating discovery requests and interrogatories.
  • Rebuttal Reports: Provide critical analysis of opposing experts' reports.

Forensic Investigations

Our forensic experts investigate incidents to determine causation and liability.

  • Root Cause Analysis
  • Failure Mode and Effects Analysis (FMEA)
  • Accident Reconstruction
  • Product Liability Investigations

Financial Damages Assessment

Quantifying economic damages is crucial in litigation. We offer precise calculations to support your claims.

  • Lost Profits Analysis
  • Business Interruption Valuation
  • Intellectual Property Infringement Damages
  • Regulatory Compliance Costs
  • Economic Impact Studies

Why Choose EPS for Litigation Support and Expert Witness?

Technical Excellence and Legal Acumen

Our team, led by Dr. John A. Williams, brings together unparalleled technical expertise and a deep understanding of legal processes.

  • Multidisciplinary Expertise: Engineering, finance, environmental science, and more.
  • Certified Professionals: Licensed engineers, accredited appraisers, certified investigators.
  • Industry Recognition: Trusted by top law firms and corporations worldwide.

Strategic Partner for Legal Teams

We work seamlessly with attorneys to strengthen cases.

  • Responsive Collaboration: Accessible and communicative throughout the legal process.
  • Comprehensive Analysis: Thorough examinations that leave no stone unturned.
  • Credible Presence: Commanding respect and trust in legal proceedings.

Proven Track Record

EPS has contributed to numerous successful legal outcomes.

  • High-Profile Cases: Experience in complex, high-stakes litigation.
  • Client Success Stories: Numerous testimonials from satisfied legal partners.
  • International Experience: Proficient in supporting cases across different jurisdictions.
eps engineering expert witness

Industries We Serve

  • Energy: Oil & Gas, Power Generation, Renewables
  • Manufacturing and Industrial Facilities
  • Chemicals and Refining
  • Environmental and Waste-to-Energy
  • Biotechnology and Bioprocessing
  • Intellectual Property and Technology Firms
  • Construction and Engineering Projects
  • Consumer Products

Representative Engagements

A selection of EPS engagements across engineering, forensics, and valuation.

Biogas Facility Regulatory Challenge

Challenge
A major renewable biogas facility experienced operational issues and concerning environmental emissions. The owner, a large international energy firm, sought approximately $74 million in damages due to its closure from the County and State of Colorado.
Solution
EPS conducted an analysis of the facility's technology, operational performance, and environmental emissions, providing insightful technical analysis of the facility, its regulatory compliance, and economic viability.
Result
The technical assessment and financial appraisal determined that the fair market value of the facility was effectively zero.

Complex IP Trade Secret Misappropriation and Contract Breach

Challenge
The intellectual property of EPS’s client, an advanced coating technology, was alleged to have been misappropriated by a former customer, a Fortune 500 industrial manufacturer.
Solution
EPS investigated and validated the client's claim of trade secret misappropriation, conducted a comprehensive valuation of the intellectual property, and calculated the total economic damages, which included lost sales and breach of contract damages.
Result
The multiyear litigation resulted in a jury award of $190 million for EPS’s client.

Engineering Design, Project Management, and Construction Expertise

Challenge
A major engineering, procurement, and construction (EPC) firm faced extensive design changes while building a state-of-the-art nitrocellulose munitions manufacturing facility for the Department of Defense (DoD), leading to significant project delays and approximately $180 million in disputed costs.
Solution
EPS conducted a comprehensive technical review of the multi-year project's design elements, including process, mechanical, electrical, structural, civil, and safety systems, and performed a detailed cost engineering analysis. Through this extensive evaluation, EPS identified significant latent design defects and project management errors and then quantified the resulting scope changes.
Result
EPS's thorough analysis of the engineering design and project management supported effective dispute resolution, enabling the construction firm to present a strong defense in a contractual disagreement over project delays and cost escalation.

Electric Utility Rate Structures, Pricing and Trading

Challenge
A large utility company and its parent corporation were accused of unjust enrichment through a bribery scheme that influenced favorable legislative changes, leading to unfair rate hikes for millions of customers.
Solution
EPS provided astute energy and electric utility valuation services, quantifying the economic impact of these legislative changes and uncovering significant damages related to unjust rate increases and overstated benefits of utility infrastructure projects.
Result
EPS's findings were pivotal in supporting the plaintiffs' case, helping to demonstrate the financial harm caused to utility customers, and contributed significantly to the legal proceedings aimed at obtaining restitution for the affected ratepayers.

Intellectual Property Dispute Involving Global Licensing Fees

Challenge
A technology company developed a coal gasification process and transferred ownership to a major energy corporation, which subsequently failed to remit the agreed-upon license fees, leading to financial disputes and losses for the original developer.
Solution
EPS provided an expert valuation of the intellectual property and conducted a thorough analysis of licensing agreements to quantify the unpaid royalties. EPS also uncovered concealed assignments and discrepancies in reported revenues.
Result
EPS's findings supported the technology company in pursuing compensation, highlighting the extent of unpaid royalties and ensuring clarity in the valuation of the intellectual property assets.

Wind Energy Project Asset Valuation and Trade Secret Dispute

Challenge
Two energy development firms were in dispute over the valuation of wind project assets and alleged misappropriation of trade secrets involving wind data.
Solution
EPS investigated wind energy project development assets, assessed the contractual obligations under an asset purchase agreement, examined the claims of trade secret misappropriation, and appraised the financial impacts of the contracts and corresponding breaches.
Result
EPS's expert renewable energy analysis clarified asset ownership and appraised the financial value owed for the use of the project assets. This facilitated the rightful owner to secure compensation and successfully counter unsupported claims from the opposing party.

Solar Energy Technologies and Misappropriation of Trade Secrets

Challenge
A solar energy technology company faced allegations of trade secret misappropriation related to proprietary solar panel technologies, with conflicting narratives around the value and confidentiality of the claimed information.
Solution
EPS conducted an in-depth forensic investigation, analyzing whether the designated documents met trade secret criteria and appraising the economic value of the alleged misappropriated technologies.
Result
EPS demonstrated that the purported trade secrets were largely obsolete, publicly known, or lacked independent economic value, significantly weakening the claimant's case. This contributed to a favorable arbitration outcome by effectively disputing and vast dismissal of the $34 million in claims.

First-of-a-Kind (FOAK) IsoAlky Retrofit Project Appraisal Challenge

Challenge
A global energy firm faced significant discrepancies in the valuation of their first-of-a-kind IsoAlky Retrofit Project by a taxing authority, which did not account for atypical costs associated with the pioneering energy technology.
Solution
EPS conducted a detailed technical assessment and financial appraisal of the first-of-a-kind technology, distinguishing typical from atypical expenses in the $560 million construction, and applied fair market value principles to establish the correct valuation.
Result
EPS’s analysis demonstrated the proper taxable value of the construction work in progress (CWIP), significantly reducing the client's ad valorem assessment by correcting the inflated valuation initially set by the taxing authority.

Technology and Equipment Provider for Renewable Waste-to-Energy Facility

Challenge
A renewable municipal waste-to-energy technology and equipment provider faced allegations of design defects, including faulty equipment, poor operational controls, unwanted byproducts, and inconsistent environmental emissions.
Solution
EPS conducted a detailed engineering analysis of the technology and equipment to determine and confirm its superior performance while identifying severe issues with the owner’s equipment, processing out-of-specification waste materials, poor water treatment, and unreliable environmental controls.
Result
EPS determined the root causes of the owner’s operational issues, enabling effective operational changes and eliminating alleged rectification works and damages, thereby saving substantial costs for the technology provider and facility owner.

Technical Investigation and Financial Appraisal of Equipment Failure and Facility Shutdown

Challenge
A steel mill facility experienced chronic materials handling and operational issues, including a catastrophic collapse and shutdown during a severe snowstorm.
Solution
EPS conducted a thorough engineering and equipment maintenance assessment, including site inspections and a appraisal of the equipment and blast furnace operations..
Result
The evaluation determined negligible damages to the client, a controls and equipment supplier, providing a clear quantification of risks for the resolution of the dispute through impartial engineering and appraisal analysis.

Technical and Financial Appraisal of World-Class Fuel Gasifier Technology

Challenge
An energy technology developer encountered allegations of design defects and material and liquidated damages from a customer.
Solution
EPS conducted an in-depth forensic investigation of the gasifier technology, including engineering reviews and appraisals of the equipment value at different stages of its technology lifecycle.
Result
EPS provided expert testimony that demonstrated no evidence of the alleged defects, supporting a favorable resolution of approximately $70 million for the client and substantiation of the energy conversion technology’s continued fair market value.

Oil Refinery Explosion, Chemical Release, and Root Cause Analysis

Challenge
A major oil refinery experienced a catastrophic explosion in Superior, Wisconsin, resulting in extensive property damage, injuries to over 70 workers, and the evacuation of 27,000 residents due to a release of hazardous chemicals into the community.
Solution
EPS conducted an insightful forensic investigation accurately, determining the root causes of the equipment failures, operational procedures, safety procedure failures, generation of blast waves, and the release of hazardous chemicals.
Result
EPS's investigation and testimony provided prevailing testimony for four lawsuits, including a class action for the community and three workplace injury lawsuits for contract workers.

Technical Evaluation of Renewable Energy Technology Performance

Challenge
A renewable energy biomass cogeneration plant experienced operational deficiencies, including multiple fires, leading to disputes over the provided technology’s design and performance.
Solution
EPS conducted a forensic investigation, assessed the materials handling and quality, and evaluated the technology’s energy-generating performance.
Result
EPS’s forensic analysis established the absence of design deficiencies, demonstrated the contractual compliance of the technology, and identified the owner’s operational inefficiencies, thereby dismissing the litigation.

Oxygen-Enriched Technology Explosion at Steel Mill

Challenge
A steel production facility experienced a catastrophic explosion in an oxygen-enriched atmosphere technology, resulting in the tragic deaths of two workers and serious injuries to another.
Solution
EPS conducted a forensic investigation detailing the failed components and performed an effective root cause analysis of the metallurgy and operating conditions, determining the origin and cause of the worker's injuries and deaths.
Result
The technology provider and associated defendants provided compensation to the estates of the deceased and injured workers.

Explosion Blast Wave Determination for Injured Houston Neighborhood

Challenge
In 2020, an explosion at an industrial facility resulted in three deaths and damaged over 1000 properties in a significant radius of Houston neighborhoods.
Solution
EPS, leveraging its leading forensic methodologies, including advanced computational fluid dynamics (CFD), quantified the effects of the explosion, including blast wave propagation through the neighborhoods.
Result
Immediately after the analysis was presented, EPS clients obtained a settlement of $52 million plus undisclosed amounts for approximately 2200 claimants for injuries and damages to their homes.

Engineering Expertise Overcomes Data Gaps in Renewable Ethanol Explosion Investigation

Challenge
A devastating explosion at a farm silo resulted in significant structural damage and loss of life, with renewable ethanol and fermentation-related causes suspected. However, critical production data and laboratory samples were not preserved by the owner, complicating the investigation.
Solution
EPS engineers performed forensic analyses, including debris mapping, blast force calculations, and process evaluations, to identify the origin and cause of the explosion. EPS’s investigation confirmed the presence of ethanol that had been improperly handled during the biofuel production supply chain.
Result
The investigation determined biofuel manufacturing operational missteps, key safety protocol violations, and destruction of data, resulting in a pre-trial award for the deceased’s family.

Economic Implications in Oil Field Services Industry Dispute

Challenge
An oil field services company in the Niobrara-DJ Basin faced significant financial challenges from its business partners during a rapid downturn in crude oil prices, with allegations of management failing to anticipate and mitigate the market impact.
Solution
Leveraging expertise in economic analysis, EPS demonstrated the strong correlation between crude oil prices and demand for oil field services, exposing critical flaws in the actions of the business partners.
Result
EPS provided pivotal evidence about the energy industry's market dynamics, demonstrating the predictability of the downturn, which substantively informed the court proceedings and clarified the parties' financial responsibilities. This analysis enabled the client to recover the monies owed successfully.

Offshore Oil Platform Investigation and Explosion Analysis

Challenge
A catastrophic explosion occurred on an offshore oil platform during a well-cleaning operation involving hydrogen peroxide, resulting in one death, several workers being injured, and property damage.
Solution
EPS’s multidisciplinary investigation team reconstructed the accident scene using over 500 images, forensic chemical analysis, and mechanical modeling, identifying uncontrolled pressure and temperature excursions as primary factors exacerbated by manual system operations and the absence of oxygen scavengers. The uncontrolled reaction highlighted critical gaps in the service company's safety protocols and system automation.
Result
The investigation accurately determined the incident's root cause and provided the basis for mitigation and settlement of the claims.

Ammonium Nitrate Truck Explosion Analysis

Challenge
A catastrophic explosion occurred during the transport of ammonium nitrate in Arkansas, resulting in the death of the truck driver and widespread property damage. The event raised critical concerns about material compatibility and adherence to safety standards.
Solution
EPS conducted a thorough forensic investigation, analyzing transport materials and ignition sources and ensuring adherence to regulatory standards. The team identified that ammonium nitrate was transported in a partially lined aluminum trailer, a chemically incompatible material that sensitized the explosive reaction.
Result
EPS's expert analysis clarified the root cause of the explosion incident, highlighted failures in safety compliance, and provided improved transport protocols, contributing to the litigation outcome.

Natural Gas Midstream Storage and Pipeline Tax Dispute

Challenge
A dispute arose over ad valorem property tax assessments for natural gas storage facilities across multiple counties in Mississippi. The complexity of appraising salt cavern storage assets and opposing interpretations of economic obsolescence in natural gas storage midstream assets were litigated.
Solution
EPS astutely appraised the natural gas midstream market and property valuations for domestic storage, pipeline transmission, domestic demand, and export markets.
Result
EPS's impartial appraisal defined the accuracy of the County Assessors’ valuations, clarifying tax liabilities and compliance with jurisdictional requirements. EPS’s midstream asset appraisals established equitable assessment practices and informed future appraisal standards​.

What Clients Say

“John is the smartest guy in the room and he pairs that intellect with an approachable demeanor and a keen feel for the intricacies of complex litigation that is extremely rare in a consultant/expert at his level. With his multi-disciplinary expertise, he is constantly looking for new angles and seems to deliver every time.”
Leading Litigator, National Law Firm
“We worked with Dr. John Williams and the team at EPS over the course of a long-running and high-value dispute in the Supreme Court of Victoria in Australia. John’s vast depth of knowledge, keen intellect, and ability to convey complex ideas simply and succinctly was an invaluable asset in the litigation. John was able to educate the legal team and, through his expert reports to the Court and the Judge about the intricacies of the dispute. What’s more, he and his team were a pleasure to work with and produced consistently high-quality reports in a time and cost-effective manner. We felt incredibly well supported by the team at EPS and would not hesitate to work with them again”
Andrew Stephenson, Partner and National Head of Projects & Jey Nandacumaran, Senior Associate, Corrs Chambers Westgarth
“John and his team are amazing. They took one of the most scientifically complicated cases I’ve ever been involved in and truly figured out what happened. That was hard enough to do, but perhaps where they really shined was in explaining that science — first to me so that I could effectively question witnesses, and then in deposition — in a way and at a level that those of us who are not engineers could understand and follow.”
Rip Andrews, Partner at Marsh, Rickard & Bryan
“The material can be dry especially … technical material but I think John did a really good job at presenting the material in a way that made it interesting. There was a lot of theory but where it was successful were the practical examples that he incorporated.”
John Havens, Texas Utility
"John is the consummate professional. In two trials for our firm, he provided clear, data-driven expert testimony explaining blast modeling from an explosion that resulted in two significant verdicts. I think EPS was the only expert firm in the country that could translate highly technical explosion evidence into plain, persuasive language the jury could understand. His meticulous analysis and calm, authoritative presence helped set the table for the remaining experts to explain how they used his work to assist the jury decide the case."
Ryan Loya, Litigation Attorney, Kwok Daniel, Ltd, LLP

About Dr. John A. Williams

A Leader in Litigation Support

Dr. John A. Williams, PE, ASA, MBA, CFEI, AIChE Fellow, is the founder and General Manager of EPS. With over 40 years of operations, engineering, and construction experience, Dr. Williams is a recognized expert in the engineering analysis and financial appraisal of energy, power, and manufacturing technologies.

Dr. Williams is renowned for his ability to dissect complex technical issues and present them clearly and convincingly in legal settings. His expertise spans a wide range of industries and technical disciplines, making him a valuable asset in any litigation context.

Credentials
  • Accredited Senior Appraiser (ASA) by the American Society of Appraisers in Machinery & Technical Specialties: Energy, Environmental, and Manufacturing Technologies.
  • Certified Fire and Explosion Investigator (CFEI) by the National Association of Fire Investigators.
  • Fellow of the American Institute of Chemical Engineers (AIChE Fellow).
  • PhD in Chemical and Fuels Engineering from the University of Utah
  • MBA in Finance from the University of Chicago
  • BS in Chemistry from the University of Delaware
  • Licensed Professional Engineer in over 20 states

Our Services Include

Unmatched Expertise and Experience

  • Decades of Experience: Over 30 years providing litigation support.
  • Broad Industry Knowledge: Familiarity with a wide array of sectors.
  • Highly Qualified Team: Professionals with top-tier credentials.

Commitment to Excellence

  • Thorough Preparation: In-depth analysis and meticulous preparation.
  • Effective Communication: Ability to convey complex information clearly.
  • Ethical Standards: Upholding integrity and professionalism in all engagements.

Client-Centered Approach

  • Collaborative Partnership: Working closely with legal teams.
  • Responsive Service: Prompt and attentive to client needs.
  • Strategic Insight: Offering valuable perspectives to strengthen cases.

Get Started with EPS

(574) 247-6000 ·info@e-p-s.net ·LinkedIn

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