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.