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System Failure
In today’s world, every business
relies on information technology. Moreover, no
business can compete without reliable computer
software and systems. Unfortunately, cases of
computer failure are on the rise. Not surprisingly,
litigation and ADR activity parallel this trend.
Whether an information system failure dispute
arises from mismatched expectations between customer
and developer, an ambiguously worded software
contract, poor project management, or simply software
that does not conform to specifications, a failed
system or software project can cost millions of
invested dollars, months or even years of lost
productivity and competitive advantage, and significant
disruption to business operations.
In IT disputes involving software or computer
failure, we assist counsel in understanding the
technical issues and associated facts of the case
so that counsel can more effectively move the
case forward. We are often called upon to assist
with document discovery and depositions of opposing
fact and expert witnesses. Whether the system
failure dispute arises from alleged breach of
contract, warranty, misrepresentation, and/or
negligence we provide the consulting services
needed to prove or refute applicable contentions
of fact bearing on the technology issues. Examples
of analysis and testing that our software failure
experts typically perform include:
Software defect analysis
System, performance and functional testing
Scope creep analysis
Schedule (delay) analysis
Compliance with applicable standards and methods
Cost-to-complete analysis
We also apply our extensive knowledge of and
experience in the IT industry to reach opinions
bearing on liability and damages. We issue expert
reports and defend our reports in state and
federal court, as well as in arbitrations and
administrative proceedings with independent,
objective and credible expert testimony.
Software Intellectual Property Misappropriation
As businesses increasingly seek
competitive advantage, reliance on technology
and intellectual property such as copyrights and
trade secrets is also increasing. Paralleling
this trend, disputes over software Intellectual
Property are also on the rise. Whether the business
relies on software for ERP, HR, CRM, e-commerce,
financial management or other critical processes,
a company whose research, design and development
investment in software intellectual property is
threatened by competitors or former employees
who have used misappropriated trade secrets and
copyrighted source code to develop competitive
products; the damage can be significant in terms
of lost sales and market share.
In intellectual property litigation involving
allegations of source code copyright infringement
and misuse of software trade secrets, we typically
assist counsel by comparing the source code
of the software trade secrets with the allegedly
misappropriated source code. Our analysis of
software design, structure, look-and-feel,
database and other programming elements provides
a strong basis for our findings and opinions
concerning the merits of copyright infringement
and trade secret misappropriation allegations.
Computer Forensics and Electronic Discovery
Most information today is stored
electronically, whether it be in personal computers,
mainframes, network logs, web servers, PDAs,
cell phones, or email servers. Electronic discovery
has become a front-and-center topic in just
about every litigation forum because traditional
discovery targets only a small fraction of
discoverable information. In civil and criminal
investigations, critical evidence is now routinely
found on computers. These trends will continue
to increase as computer and Internet use become
ever more common. Thus, effective litigation,
investigation, prosecution and defense depend
increasingly on an understanding of information
technology and a reliance on computer forensic
experts.
In situations where needed evidence is stored
electronically, we assist counsel in understanding
where and how to find relevant electronic information,
how to acquire it, preserve it, and evaluate
it. We also can serve as neutral experts to
the parties or court by helping to resolve
disputes involving the accessibility of electronic
information and the costs involved in acquiring
it. We follow industry standard protocols for
forensically recovering, preserving and handling
digitally stored data so as to assure its reliability
and evidentiary value. And our certified computer
forensic experts provide testimony as required
surrounding the proffering of digital evidence.
Internet Disputes
Many software applications being
developed today utilize a thin-client browser-based
user interface connected to an intranet or the
Internet with a web server that is connected to
one or more application servers and database servers. Most
IT litigation today involves one or more components
of this basic Internet architecture, whether the
dispute arises from a failed software project,
misappropriation of trade secrets, or preservation
of digitally stored information in connection with
civil litigation or a criminal or civil investigation. While
domain name disputes and cybersquatting cases
have largely been resolved, many other types of
cases involving the Internet persist, such as employment
cases involving allegations of employee misuse
of company resources (e.g., improper use
of company email services), misappropriation
of company trade secrets (e.g., theft
of a customer contact database), or unauthorized
access to a company’s computer network (e.g., hacking
cases).
In Internet litigation we assist
counsel in the technology aspects of investigating
alleged wrongdoing; by finding and preserving digital
evidence; by explaining to the trier of fact how
the Internet works; and by rendering opinion testimony,
as applicable, as Internet expert witnesses.
Data Analytics
Once information is acquired, it must be analyzed for its
content. Depending on the case, content of interest may range from what
information was deleted from a network during a particular time frame
to constructing a timeline of electronic correspondence, to analyzing
voluminous historical transactions for their probative value. When large
amounts of data are collected, analyzing the data for purposes of proving
or disproving factual assertions can be daunting. Sheer volume and/or
complexity of data storage present technical challenges requiring the
coordinated efforts of IT managers, attorneys and outside experts. These
trends will continue because computer and Internet use are becoming ever
more the norm and the volume of electronically stored information has
grown from megabytes to terabytes.
In disputes requiring the acquisition and analysis of accounting
data, financial transactions, email, employment records, insurance claims,
securities trades, and a myriad of other types of business data, we provide
the experience, tools and technology infrastructure needed to reliably
store, organize and analyze data for its probative value and to present
data compilations to the trier of fact in a meaningful and understandable
way. We also work closely with other experts, such as economists and
statisticians, who may require access to the data to perform their analyses.
Jeff Parmet and Associates
Jeff Parmet and Associates specializes
in information technology disputes involving
software failure, intellectual property, computer
forensics, and the Internet. We apply our years
of information technology experience to the
investigation, analysis and reporting of findings
and opinions in disputes and investigations
involving computers, data or software to help
our clients address the complex technical issues
needed to cost-effectively resolve such disputes.
We serve our clients as consulting or testifying
experts, as required. Attorneys and IT managers
requiring expert assistance in the areas of
computer failure, intellectual property, computer
forensics, and the Internet are invited to
contact Jeff
Parmet and Associates for a private consultation.