2023WHBenderExpertWitness.pdf

408.784.7371 • www.whbender.com 1430 Norman Avenue
San Jose, California 95125-5217
WILLIAM H. BENDER, FCSI
FOUNDER & PRINCIPAL
W.H. BENDER & ASSOCIATES
SAN JOSE, CALIFORNIA
Expert Witness
& Litigation Support
Mobile: 408-888-1380 • Email: whb@whbender.com
www.whbender.com

William H. Bender, FCSI @wmbender
Founder & Principal @whbender
W.H. Bender & Associates
William is the founder of W.H. Bender & Associates, a premier Restaurant and Foodservice
consultancy that provides Management Advisory Services. He has provided leadership while
working and consulting in all segments of the foodservice industry. Bill also serves as a Vice
President of Management to Ken Schwartz, FCSI, the CEO of SSA foodservice design +
consulting of Tampa, Florida, an award-winning foodservice design and consulting studio. In
early 2022, he was recruited by the Newchip venture capital accelerator to be a Mentor and
Coach to start-up founders.
His background in foodservice management provides a unique insight into running a profitable
restaurant operation in today’s hyper-competitive marketplace. His tight focus on restaurant
fundamentals delivers results for clients - high-volume independents, regional and national
chains, and start-up concepts. Bill has created, written, and produced proprietary training
systems/processes - FutureView™ Strategic Planning, ServPoints Sequence of Service™ and
ProActive Management™ for clients and has implemented these systems at the unit and
company level. Bill’s creative force and communication style provide lasting results when training
and motivating teams.
Bill has been a Professional Member of the Foodservice Consultants Society International
(FCSI) since 2000. This organization, which has stringent membership requirements, is an
international society that promotes professionalism in foodservice and hospitality consulting. He
is an active member of the California Restaurant Association. Bill has served as a member of
the Board of Directors of the California Restaurant Foundation since 2009 and now serves
as a director emeritus.

Expert Witness & Litigation Support Cases
Attorney Contact Date Side Case # Description
Carlos E. Sedillo, Esq 2022-23 Plaintiff D-202-CV-2022- Personal Injury
Fadduol, Cluff, Hardy & Conway, P.C. 04963
3301 San Mateo Blvd., NE
Albuquerque, NM 87110
505-243-6045
D. Rob Burris, Esq. & Robert Pearson, Esq. 2022-23 Defense CV2021-003178 Start-up – Lease
Burris & MacComber, PLLC Watermark Dispute
2478 E. River Road Tempe I LLC vs
Tucson, AZ 85718 Fukushu, LLC
520-775-2000
David C. Holt, Esq. 2021-22 Plaintiff 30-2019 Business Property
The Holt Law Firm 01090817-CU-BC Dispute
1432 Edinger Ave, Ste. 130 CJC
Tustin, CA 92780 REA vs.
714-730-3999
Juliet M. Stone, Esq 2020 Plaintiff CGC-16-555021 Start-up – Lease
Stone & Associates, APC Moon Park Trust Dispute
2125 Ygnacio Valley Road, Suite 101 vs. Fat Noodle
Walnut Creek, CA 94598 2nd
St LLC
925-400-9650
Claude Wyle, Esq. 2019 Plaintiff David Jackson Personal Injury
Choulos, Choulos, & Wyle Case
275 Battery St., Suite 1300
San Francisco, CA 94111
415-432-7290
Eric Ratinoff, Esq. 2019-21 Plaintiff Genie Reaves Personal Injury
Eric Ratinoff Law Corp Case
401 Watt Ave.
Sacramento, CA 95864
916-970-9100
Alan F. Law, Esq. 2018-2019 Plaintiff CGC-17-557590 Amco Insurance Co.
Cooper & Scully San Francisco vs.
101 California St. Suite 3650 Superior Court H.K. Fire Protection
San Francisco, CA 94111 Inc. Et Al
415-956-9700
Paul A. Kanter, Esq. 2015-2016 Defense Continental Restaurant
Law Offices of Mark R. Mittelman Casualty Co. v. operations best
570 Lennon Lane, Suite 150 Kate’s Kitchen, practices
Walnut Creek, CA 94598 et al.
925-256-0677
Robert H. Blumenthal, Esq. 6/2/2015 Plaintiff Griffin v. Tu Lan Restaurant
Law office of Robert Henry Blumenthal Vietnamese operations best
225 Bush Street, 16th
Floor Restaurant practices
San Francisco, CA 9104 San Francisco
415-439-8328
Matthew Mellen, Esq. 11/8/2013 Plaintiff 112-CV-230676 James & Kimberly
Mellen Law Firm Superior Court Carson vs. Almanor
4011 Borel Ave., Suite 230 County of Lakeside Villa
San Mateo, CA 94402 Santa Clara Owners Association
650-638-0120
Michael D. Liberty, Esq. 7/26/2012 Plaintiff JAMS Arbitration Shattuck vs.
Law Office of Michael D. Liberty No. 1110012856 Hughmanick
1290 Howard Avenue, Suite 303 San Jose, CA (Lost future profits)
Burlingame, CA 94010
650) 685-8085

Expert Witness & Litigation Support Cases Continued
Attorney Contact Date Side Case # Description
Morris Davidovitz, Esq. 8/23/2008 Defense 106CV0474216 Padilla dba Malibu
Davidovitz & Bennet, LLP Superior Court Grill vs. US Sheet
One Embarcadero Center, Ste. 750 County of Metal (business
San Francisco, CA 94111 Santa Clara interruption earnings)
(415) 956-9700

Expert Witness & Litigation Support Clients
Morris Davidovitz, Esq.
Cooper & Scully, P.C.
One Embarcadero Center, Suite 750
(415) 956-9700
Michael D. Liberty, Esq.
Law Office of Michael D. Liberty
1290 Howard Avenue, Suite 303
Burlingame, CA 94010
(650) 685-8085
Matthew Mellen, Esq.
Mellen Law Firm
411 Borel Ave., Suite 230
San Mateo, CA 94402
650-638-0120
Robert H. Blumenthal, Esq.
Law Office of Robert Henry Blumenthal
225 Bush Street, 16th
Floor
415-439-8328
George Oliver, Esq.
42 Hickory Road
Fairfax, CA 94930-2114
415-485-4430
Paul A. Kanter, Esq.
Law Offices of Mark R. Mittelman
575 Lennon Lane, Suite 150
Walnut Creek, CA 94598
925-256-0677
Alan F. Law, Esq.
Cooper & Scully
101 California St., Suite 3650
415-956-9700
Eric Ratinoff, Esq.
Eric Ratinoff Law Corp.
401 Watt Avenue
Sacramento, CA 95864
916-970-9100
Claude Wyle, Esq
Choulos, Choulos & Wyle
275 Battery Street, Suite 1300
415-432-7290
Juliet M. Stone, Esq.
Stone & Associates, APC
2125 Ygnacio Valley Road, Suite 101
Walnut Creek, CA 94598
925-400-9650
David C. Holt, Esq.
The Holt Law Firm
1432 Edinger Ave, Suite 130
Tustin, CA 92780
714-730-3999
D. Rob Burris Esq., Robert Pearson, Esq.
Burris & MacOmber, PLLC
2478 E. River Road
Tucson, AZ 85718
520-775-2000
Carlos E. Sedillo, Esq.
Fadduol, Cluff, Hardy & Conway, P.C.
3301 San Mateo Blvd. NE
Albuquerque, NM87110
505-243-6045

Credentials
FCSI Professional Member
MEMBER
In recognition of continued commitment to the ideals of the Society
William Bender, FCSI
Professional Member
Is hereby acknowledged to be a member in good standing
Member ID 2023 Member Since
704712 2000
Mario Sequeira, FCSI Christine Guyott, FCSI RDN
FCSI Worldwide President FCSI The Americas Chair

3
National Restaurant Association
ServSafe® Food Protection Manager Certification

4
National Restaurant Association
ServSafe® Re-Opening Guidance: Covid-19 Precautions

5
Schedule of Fees
Professional Fees Hourly Rate
William H. Bender, FCSI
Conferences, Tele-Digital-Conferences, Calls, Meetings $ 250.00
Executive Coaching, Research, Development, Preparation
On-Site Training and Presentations
Depositions and Expert Witness Testimony $ 400.00
Travel time, portal to portal (via air and ground transportation) $ 50.00
if over two hours
Associate Fees $ 100.00
Meetings, Development, Preparation, Research, On-site Training
Professional fees may also be structured by the project or on a monthly retainer basis depending
on the client's needs.
Administrative Support
Accounting $ 100.00
Administrative $ 85.00
Expenses
Fees are for the above-described services only. Expenses relating to the normal cost of doing
business in the day-to-day development and administration of services agreed upon will be pre-
approved by the client then billed to them as incurred.
Examples of such services include (but are not limited to) air travel at the lowest unrestricted
coach fare, mileage at .585 ¢/mile, airport transportation, parking, lodging, telecommunications,
office supplies, printing, photocopies, postage, delivery shipping, and research.
Whenever possible, travel arrangements will be approved and paid for by the client in advance of
the actual travel dates. No expense of significance will be committed to without prior approval from
the client. W.H. Bender Associates will always strive to minimize expenses incurred on the
client’s behalf.

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Curriculum Vitae
William H. Bender, FCSI
1430 Norman Ave. office 408-784-7371
San Jose, CA 95125-5217 mobile 408-888-1380
www.whbender.com
@wmbender
whb@whbender.com
@whbender
Executive Profile: Restaurant and Foodservice Management Expert
An energetic restaurant industry professional driving business performance results in all
restaurant and hospitality segments. Certified FCSI Restaurant Consultant specializing in
Management Advisory Services (MAS) with deep career experience and knowledge of restaurant
operations and design, leading to improved team member and guest experience.
Skilled as a leader and change agent for emerging brands, early-stage franchises, start-ups, and
high-volume independents that need both direction and “hands-on” execution at the unit, multi-unit, or
brand level.
Areas of Expertise:
• Hands-on Management Style
• Marketing Brand Building
• Revenue Growth
• ServSafe Food Protection Manager 1610720
• Profitability Improvement
• Start-up + Concept Development
• Strategic Vision Leadership
• Team Builder
Professional Experience:
SSA Foodservice Design and Consulting – Tampa, Florida 2017 - Present
Creators of Exceptional Experiences
Vice President Management Consulting
SSA is a global award-winning firm specializing in hospitality design and consulting for food and
beverage operations for a range of project types. SSA provides M.A.S. (management advisory
services) consulting at a management level to assist client in the development or improvement in
operating procedures and overall fiscal performance of the operation. Services include operations
best practices, team, and guest experience, ServPoints sequence of service design, and strategic
action plans. See: www.studiofs.com
W.H. Bender Associates – San Jose, California 1996 - Present
Restaurant Consultant – Nationwide Management Advisory Services (MAS)
Founder Principal
Implement Restaurant Operations Best Practices to Full-Service, Casual Dining, Fast Casual,
QSR and Start-Up Clients. Developed an extensive network of industry professionals.
• Restaurant operations expert qualified to identify, evaluate, and explain in simple terms, the
brand strategy and required tactical steps to create, establish, and grow sales in a hospitality
business.
• Directed hands-on operations upgrades and enhancements to a broad variety of restaurant
companies and emerging brands from unit to brand level in twenty states. Increased sales by
40% on multiple projects.

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• Proven track record for successfully selecting, onboarding, training, and developing people
and teams that lowered management and team member turnover by greater than 50%.
• Producer of proprietary training systems and processes including: FutureView™ Strategic
Planning, ProActive Management™ and ServPoints Sequence of Service™ for clients.
• Provide Expert Witness and Litigation Services to Restaurant and Foodservice Industry.
Expertise Skills:
• Expert in driving sales, expansion and profitability for start-up, scaling, and turnaround
environments. Fascinated by new sales generation and opportunities that grow business and
brand equity.
• Disciplined to apply sound critical thinking and complex problem-solving skills for identifying
and implementing the right operation solutions and forward thinking for employers.
• Hold strong belief that Operations is Marketing and Marketing is Operations. These two
critical disciplines are linked using a 4-Walls approach that creates the foundation for an
engaging guest experience leading to sustained guest loyalty and increased sales.
• Extroverted personality combined with professionalism presents exceptional industry role
model.
• Creative force, positive communication style and sense of humor provide lasting results when
coaching and motivating team members of all generations.
• Excellent writing and presentation skills that motivate teams at all organization levels.
Employment History:
Monterey Pasta Company – Danville and San Francisco, California 1993 to 1996
Manufacturer of Gourmet California Fresh Pasta and Sauces
Vice President Foodservice (1995 to 1996)
• Marketed and showcased MPC brand and sold to all clients, channels, and segments.
• Designed and created sales channel with MPC branded cart in non-traditional site locations:
stadiums, arenas, business, and industry venues.
• Created the MPC operating standards and trained all teams in multiple client locations.
Vice President Training Development (1994 to 1995)
• Developed management, team member and franchise training for the restaurant division.
• Designed and conducted MPC training university training protocols for multi-market roll-out.
• Established franchise operating standards.
Vice President of Operations (1993 to 1994)
• Developed fast-casual pasta concept with CEO Lance Mortensen, opening 42 units in 24-
months.
• Hired and on-boarded 250+ people for MPC restaurant operations teams in a multi-market
brand launch and acquisition of four-unit company.
• Executive team member that successfully completed Initial Public Offering (PSTA) raising
over $12M ($6M in IPO and $6M in secondary offering).

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Results In Management – San Jose and San Diego, California 1987 to 1993
Progressed from Regional Director with the signing of largest client contract to owning an office.
President Owner
• Marketed, sold, installed, and implemented operational cost-control and human resources
systems for single and multi-unit restaurant operators.
• Performed on-site Project Management for new restaurant unit openings throughout
California.
• Delivered on-site coaching and training presentations to improve restaurant guest service,
speed of service, team member experience, food quality, cost-controls, and profitability.
Oceans 8, Inc., and W.T.C. Ltd. – San Diego, California 1974 to 1987
A casual dining group started by former Steak and Ale Managers + Team Members
Director of Operations, General Manager, Manager
• Opened, developed, and managed Steak and Seafood Restaurants, with full service bars and
entertainment venues in large beach front complex.
• Created the sequence of service for all concepts and set standards for operational excellence.
• Responsible for certified training and development of all FOH and BOH managers and teams.
• Created a sidewalk patio casual dining café to provide an additional $1 Million in annual sales.
Restaurant Industry Influencer, Speaker, Coach, Mentor 1997 to Present
Have been a speaker and presenter at the following Association, Brands, and Industry Events
• National Restaurant Association Show, Chicago
• Western Hospitality Expo, Los Angeles, San Francisco
• CRAF ProStart®
Competition, Los Angeles, Sacramento
• FCSI Worldwide Conference, Minneapolis, Kansas City
• Loop Pizza Grill Franchise Conference, Jacksonville
• California Department of Education – Home Economics Careers + Technology, San Jose
• National Restaurant Association Show – ProStart®
Students Orientation Sessions,
Chicago
Key Industry Affiliations:
Schwartz, Schwartz + Associates, Incorporated, an international foodservice design + consulting
firm based in Tampa, Florida.
Foodservice Consultants Society International, Professional Member since 2000. Served on the
Council of Professional Standards 2010-13 and chaired CPS in 2012.
California Restaurant Foundation, Serve as Emeritus Board Member. Appointed as Board Member
in 2009. Serving on scholarship, and financial review committees. Served as judge and coach for
ProStart®
Management Competitions.

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