Commercial Disputes

Informed Analysis

A contract to purchase manufactured products is often not based on an exact design provided by the purchaser, but a looser set of somewhat technical information meant to ensure that the item adequately performs the function for which it is intended. When disagreements arise as to quality, the mutual understanding that the manufacturer and their customer thought they shared may prove to have a shaky foundation formed on limited specifications. Unraveling who may be at fault and determining an objective level of product quality requires expert insight into the product’s design, specifications, manufacturing, and quality assurance.

Experience Counts

Eric P. Rose has 35+ years’ experience in product innovation, product development, and manufacturing in the consumer, medical, and industrial product industries. His industrial product background includes significant work in personal protective equipment (PPE) products. His experience spans a wide array of manufacturing processes and materials including plastics, metals, and more. His impartial expertise as a manufactured product commercial dispute expert consultant is based on his work as:

• A Corporate Product Innovator: For over 30 years, Eric developed and sourced manufactured goods from both domestic and international manufacturers, and is listed as an inventor on over 50 patents worldwide in the consumer, healthcare, and industrial product markets.
• An Entrepreneurial Consultant: Eric has worked with entrepreneurs to bring novel products from concept to reality, including sourcing manufacturing to ensure consistently high product quality and function.
• A Product Development Manager: In support of product development and project management, Eric has assured product quality from manufacturers around the globe, including in Asia, and worked to develop best practices for ongoing supplier quality assurance.

Commercial Dispute Consulting & Expert Witness Services

When a commercial dispute hinges on understanding whether a product was manufactured to meet the specifications provided, hiring an expert to ascertain the facts, provide an objective perspective, and guide discovery can prevent costly legal missteps. Whether you’re representing a retailer, distributor, or a manufacturer as a plaintiff or defendant, Eric P. Rose can help you ask the right questions to gain a clear understanding and shape a compelling case through:

• Analysis: Examining records to determine if specifications were complete and adequate. Examining manufactured product and conducting project management of third-party testing to establish an objective level of quality. Helping guide discovery to obtain relevant documentation as well as asking questions that illuminate issues which may not have been previously considered.
• Expert report: Producing a written report that lays out findings regarding quality and any variance from provided specifications and documenting evidence in language accessible to a layperson.
• Deposition: Giving expert testimony in deposition for mediation, settlement, or trial proceedings at a level comprehensible to nonexperts.
• Expert Witness Testimony: Testifying at trial to confidently provide expert perspective on key technical evidence, leveraging his extensive experience teaching technical content to nontechnical audiences.

For more information on how Eric’s product design consulting and expert witness services can help you gain crucial insight and facilitate resolution of manufactured product commercial disputes, contact him here.

Curriculum Vitae, Daubert, and case experience information available upon request.