Each of our experts has between 25-35 years of relevant Information Technology (IT) experience. WSR Consulting Group, LLC (“WSRcg”) is engaged by clients and counsel in three related, but distinct, capacities shown below. WSRcg expert witnesses have been engaged in litigation matters in North America, Asia and Europe. 1. Software Project Failure Expert Witnesses As Software Project Failure Expert Witnesses, WSRcg professionals work in two IT arenas. Large-scale systems failures: In this practice area, our expert witnesses work to uncover, analyze and opine on the root causes of failure of systems already in production. As required, we may investigate and review, among other things:
Large-systems project failures: In this practice area, our expert witnesses work to uncover, analyze and opine on the root causes of failure of systems projects either in progress or stopped because of alleged failure. Such matters are typically characterized by large systems being built, configured, customized and/or installed for a customer, or for a general release by a software vendor. Our areas of focus go past the critical areas of reviewing and opining on the quality of the deliverables, the suitability of the delivered integrated system and components, and the IT industry meaning of certain contract terms in the context of the dispute. Importantly, and based upon our extensive and successful experience as (1) software developers, (2) large ERP and computer systems project managers and (3) as expert witnesses in similar types of disputes, we also consider and concentrate on the “workmanlike manner” in which the ERP, software, computer or internet projects were planned, carried out and managed. This may include a thorough review and evaluation of the:
Together, all of the areas listed above invariably lead to the underlying causes of why a project and the delivered system came in late, over budget, under-performing, missing requirements, of poor quality, missing stakeholder expectations etc. Click on the following for more information:
2.Information Technology (IT) Consultant As Information Technology (IT) Consultants, our professionals have been responsible for creating, interfacing, implementing, operating, maintaining and/or upgrading hundreds of systems in over 15 industries for companies, systems and IT departments of all sizes. We assist clients in: turning around runaway ERP, software, computer and internet projects; assessing their long term needs; aligning their IT plans with strategic business plans; organizing and staffing their IT functions; valuing their software, intellectual capital and intellectual property (IP); and acting as the “IT conscious of the Board of Directors, among other things. Click on the following for more information:
3. As Software Intellectual Property (IP) Expert Witnesses As Software Intellectual Property Expert Witnesses, WSRcg professionals provide expert testimony in high-tech and IT Intellectual Property (IP) matters: i.e., evaluating, analyzing the appropriate documents, testimonies and criteria for determining whether and to what degree IP has been infringed, misappropriated, or stolen. We use special forensic tools when needed and provide forensic services (such as code comparisons, recreating “lost to erased” data, etc.) through managed sub-contractors in disputes involving: copyright infringement; trade secret misappropriation, patent infringement and idea theft. Click on the following for more information:
About WSRcg and Its Consultants and Expert Witnesses Approach As expert witnesses in failed computer, software, ERP and internet projects, we identify and render expert opinions & testimony on the “real” root causes and who/what is responsible for the alleged failures. This almost invariably involves people, project processes and industry practices -- as well as any contract or technical issues. As IT consultants, we review products, projects, IT strategy alignment with business strategy, budgets, operations, staffing, organization, and more to identify risks and prepare recommendations to help clients achieve their targets and objectives. At times, we recommend creating less aggressive objectives. As software IP expert witnesses we investigate and testify on claims of IP infringement and misappropriation. System Skills We uncover the root causes of ERP project failure, software project collapse, computer systems project breakdown, and internet/e-business system project failure through appropriate review and analysis of discovered materials, interviews, depositions, internet research, and our extensive hands-on experience with managing large scale software implementation projects and contracts. Our expert witnesses, who are excellent communicators, create understandable, straight-forward stories/narratives for the triers of fact that illuminate the pertinent facts, events, and decisions made – or not made, and the impact of each party’s actions and contributions to the disputed issues. WSRcg expert witnesses have testified on all phases of the systems development life cycle. Essential Systems Development Life Cycle Skills (SDLC) Three of our expert witnesses have actually developed SDLC methodologies: one was used by large commercial clients/customers all over the world for many years; one was adopted by the Canadian Federal Government; and one was adopted by a major Canadian company. In addition, our professionals are well versed and experienced in virtually all kinds of IT, outsourcing, and software contracts and licenses. Employment & Leadership Experience Our professionals include former and current CIOs, Vice-Presidents of IT, a regional managing partner from a large international consulting firm, senior managers from the former Big-8 consulting firms; and other professionals who served as project managers, department heads, maintenance managers, programming and testing leads at large commercial/IT firms. Platform & Industry Expertise Our senior manager consultants and expert witnesses are experienced in a number of different system vendor platforms including: mainframe, minicomputer, and X-tiered server-based architectures; wired, wireless & broadband networks; operating systems & software architectures; programming languages; vendors and application packages; databases and data structures; and SDLC methodologies. Our industry expertise includes: manufacturing, distribution, health care, retail, Internet and e-business, Point-of-Sales (POS) systems, restaurant chains and more.
Below we define certain terms used on this website that otherwise have multiple meanings:
EXPERT: someone widely recognized as a reliable source of technique or skill source of whose faculty for judging or deciding rightly, justly, or wisely is accorded authority & status by peers or the public. Experts are called on to advise/consult on their respective subject, and do not always agree on particulars. EXPERT WITNESS: a witness, who by virtue of education, training, skill, or experience is believed to have knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon witness's specialized opinion re an evidence or fact issue within scope of expertise. SOFTWARE (ABBREV: SW): refers to computer software, or just software – general term describing a collection of computer programs, procedures & documentation that perform some tasks on a computer system. Application sw (“apps”), like excel, performs productive tasks for users; System sw, like Windows XP, interfaces with hardware to provide necessary services for apps; Middleware controls/coordinates distributed systems. Term also includes ERP sw apps as well as Internet apps. We distinguish software, ERP and Internet apps because each can bring its own distinct risks, technologies & quirks – requiring different expertise. See http://www.wsrcg.com/SoftwareFailXpert.php ERP: Enterprise Resource Planning – an IT term referring to a hardware or software system that serves all enterprise areas, e.g., SAP, Oracle, Peoplesoft, JDEdwards, Cerner & Microsoft Dynamics. An ERP system is based on a: common database that allows business departments to store/retrieve shared information in real-time; and a modular sw design so a business can select modules they need, mix/match modules from different vendors, or add their own modules to improve business performance. See http://www.wsrcg.com/ERP-ExpertWitness.php INTERNET OR WEB APPLICATION: an app accessed via web browser over a network (e.g., internet, intranet); also, a computer software app coded in browser-supported language (such as HTML, Java, etc.) & reliant on a common web browser to render the app executable. Common internet/web apps include webmail, online retail sales, online auctions, wikis, weblogs, and many other functions. See http://www.wsrcg.com/Internet-Experts.php COMPUTER SYSTEM: includes the computer PLUS any additional hardware/peripheral devices; application, operating system & middleware software; PLUS the people, policies and procedures needed to successfully use, run, maintain and repair it. See http://www.wsrcg.com/Computer-Experts.php SOFTWARE, ERP, INTERNET, COMPUTER FAILURE: in general, refers to state or condition of not meeting a desirable, intended or contractual objective or deliverable. SW failure includes failure to meet specific functional, control, or performance requirements. In worst cases, sw failures can lead to company bankruptcy or personal injury. SOFTWARE, ERP, INTERNET AND COMPUTER PROJECT FAILURE: in general, refers to problems within a project to develop, integrate, implement or maintain software, ERP, internet or computer systems apps. Such problems can be caused by improper/poor project: methodology, plans, estimates, staffing, management, requirements, testing & acceptance procedures and more.
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