Gucci America, Inc. v. Frontline Processing Corporation et al

Filing 76

DECLARATION of Charles Fillinger (with exhibit) in Opposition re: 66 MOTION for Summary Judgment.. Document filed by Woodforest National Bank. (Mentlik, William)

Gucci America, Inc. v. Frontline Processing Corporation et al

Doc. 76

Document Filed Electronically UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GUCCI AMERICA, INC. Plaintiff, v. FRONTLINE PROCESSING CORPORATION; WOODFOREST NATIONAL BANK; DURANGO MERCHANT SERVICES LLC d/b/a NATIONAL BANKCARD SYSTEMS OF DURANGO; ABC COMPANIES; and JOHN DOES, Defendants. : : : : : : : : : : : : : x Civil Action No. 09-6925-HB District Judge Harold Baer, Jr.

DECLARATION OF CHARLES FILLINGER IN SUPPORT OF DEFENDANT WOODFOREST'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT I, CHARLES FILLINGER, declare and state as follows: 1. I am a Senior Associate of The Strawhecker Group, located at 1236 South

113th Plaza, Omaha, Nebraska 68144-1880. My C.V. is attached as Exhibit A. 2. I have over 20 years of experience in the Electronic Payments Industry, most

recently with First Data Corporation. I have worked with merchants within all vertical retail and internet markets, vendors, gateway providers and acquirers, providing enhanced payment processing solutions on a national/global scale. While at First Data, my responsibilities included national client relations, third party relationships and sales, operations, product management and development, marketing, International market development and International portfolio management. 3. Based on my work in the electronic payments industry, I am aware of the

following payment options available to Internet merchants other than credit cards:

Fillinger final 07292010 cf.doc

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EXHIBIT A

Charles Fillinger Senior Associate ­ Merchant Processing & Product Solutions Expert The Strawhecker Group Summary of Qualifications Chuck Fillinger' s experience in the Electronic Payments Industry is substantial, with over 20 years experience, most recently with First Data Corporation. He has proven results working with merchants within all vertical retail and internet markets, vendor's, gateway providers and acquirers, providing enhanced payment processing solutions on a national/global scale. While at First Data, Chuck's responsibilities included National Client Relations, Third Party Relationships and Sales, Operations, Product Management and Development, Marketing, International Market Development and International Portfolio Management. Education Background Professional Experience Electronics Engineering, Business Administration Franklin University, Columbus, Ohio The Strawhecker Group Associate, 2008 to Present ­ Omaha, NE Independent business consulting services to the Electronic Payments Industry focused on the Merchant Acquiring segment. Providing Interchange Cost Assessments to national retail clients with recommendations on optimizing their cost of payment acceptance reducing cost in the ranges of $40K to $500K plus. Strategic engagements with major merchant's and payment processing companies to evaluate and provide recommendations on enhanced technology products and solutions First Data Corporation Vice President, Product & Business Development, 2006 to 2007 ­ Coral Springs, FL Direct strategic product collaboration in support of National Sales and Client Relations executive teams. Created strategic product packaging for all Requests for Proposals and direct sales presentations to "C" level executives during the final selection round, resulting in increased annual revenue of $8.5M. Vice President, Hospitality/Food Service, 2005 to 2006 Managed national client portfolio and cross-sells of additional products and services. Reorganized Relationship Management Team improving client relationships with the top national clients with 97% successful retention and directed new product cross-sells resulting in increased revenue of $4.6M. Vice President, Global Choice, 2002 to 2005 Developed strategic global product development.

Developed and implemented Multicurrency and Dynamic Currency Conversion services into the US Market, achieving annual revenues of $15M. Selected and established International Bank sponsorship relationship and international processing platform. Vice President, Product Management, 1995 to 2002 Directed Product Subject Matter Experts with staff of 45 Directors/Managers. Introduced first Wireless POS Terminals to Sales Channels. Developed and implemented direct connections to all major Debit/EBT Networks improving efficiencies and reducing processing fees. Launched first virtual terminal,"YourPay.com", consolidating retail Point-of-Sale environment Vice President, International, 1992 to 1995 ­ Sunrise, FL Managed business development and P&L portfolio management for all existing international markets; Canada, Caribbean and Mexico. Successfully developed and managed relationships with major Caribbean Bank partners in 26 countries, implementing Bank Employee training programs for this $2.1B portfolio. Negotiated first ever Canadian Bank License sponsorship relationship to accommodate US Clients expansion into Canada. Director, Indirect Sales, 1989 to 1992 Managed business relationships with American Express, Discover, Diner's Club, JCB, TeleCheck, Telecredit, and other external Check Services companies. Increased Discover merchant sales by 39%, launched first to market American Express External Sales Agent program. Business Manager, 1984 to 1989 Managed Client Services and Loss Prevention Teams providing services to the top 200 major clients with $6.8B annual volume, transaction dispute resolution, merchant loss control and fraud prevention service. Coordinated telecommunications network conversion with minimal impact to clients. Assisted with implementation of first industry automated Chargeback Resolution system.

Professional Accreditations

Product Development Management Association (PDMA), Member International Association of Credit Card Investigators (IACCI), Member

CURRICULM VITAE Expert Witness Case History Cohen Case: CL 2009-80, Timothy Robinson and Whorl, LLC, plaintiffs, v. Whorl, LLC, plaintiffs, v. Cohen Mohr, LLP, Dan Duval, and Perkins Coie, LLP, Perkins Coie, I.P.C., Perkins Coie, D.C., P.C., and Perkins Coie, California, P.C. Court: Virginia in the Circuit Court of Fairfax County Party: Defendant Type: Legal Malpractice Filed: January 5, 2009