Warren S. Reid, Managing Director of WSR Consulting Group, LLC, is listed as an expert in Best Lawyers Preferred which only reflects experts recommended by lawyers listed in The Best Lawyers in America ®.

   

WSR Consulting Group, LLC
Celebrating 20 Years as Consultants/Expert Witnesses in IT & Software Project Failure

On this webpage we present:

WSRcg Litigation

Our Three Practice Areas

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:

  • any and all of the components and resources needed for production system success for ERP, computer and internet systems including: software, hardware and networks; people, staffing, operations, user, training, budgeting and other human resource issues; help desk and error reporting, collection, analysis, repair, test/regression testing and acceptance/approval, and distribution back into production processes; the general upgrade and maintenance regimen; the underlying quality of the architecture, design, coding, testing, and documentation of the system; the interfaces between components; the quality of the converted data,
  • specialized systems and related specialized peripheral devices such as, among others: automated warehouses, smart buildings and robotics; Point of Sales (POS) systems; medical/hospital systems, COWs, medical devices; gaming systems; ticketing systems, smart and other peripheral device interfaces.

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:

  • contract and statement of work requirements, responsibilities, scope, estimates and tasks,
  • performance of roles, responsibilities and appropriate tasks by properly skilled staff,
  • enforced use of appropriate project & risk management tools, methods and metrics,
  • appropriate selection of, adherence to and deviations from good system development life cycle (SDLC) methodologies, industry standards and best practices, and appropriate metrics to uncover, report and escalate “real” project progress, status and issues.

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.

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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.

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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.

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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)

WSRcg LitigationWe believe that the best consultants and expert witnesses have very strong grounding and extensive hands-on experience in large-system: “best practices, industry standards and SDLC methodologies; project estimation & management (and related automated tools); software design & analysis; programming; software testing approaches & execution; data conversion and interfacing activities; go-live readiness assessment, and systems implementation & support.

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.

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Our Practice Philosophy

  • Hire the best professionals and pay them well,
  • Use WSRcg’s tested methodology for performing litigation and consulting assignments,
  • Assist counsel in the discovery process wherever and whenever possible. Use our expertise in IT to request and make sure e-discovery is received in a complete, comprehensible, readable and readily useable manner.
  • Request non-obvious and/or seemingly non-relevant types of “document packages/types” which, based on our first hand experience in other similar disputes, can open up the whole case to new possibilities,
  • Keep counsel informed of status, next steps, issues and findings on a periodic and timely basis,
  • Have a case-independent WSRcg QA Senior Manager review our work internally before progressing to the next phase of work,
  • Engage the triers of fact through simple, persuasive, non-jargon-filled narratives that present what happened, why, and who is responsible as made evident by the events, agreements, project management processes, quality of deliverables, SDLC deviations, decisions made and actions taken — or not, and the impact of these on product and/or project failure or success.

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Upcoming Events

Click for "He Said ... She Said Chart: Why Systems Fail??"

» Latest Breaking News «

December 15, 2011:

Warren S. Reid makes his updated lecture slides on "IT Issues and Trends Affecting IT Executives, Professionals and Attorneys in 2012!" available now for free!

1. "Slipping backwards: when and how agile methodology fails?"

2. "A look at outsourcing to India: a 15 year retrospective!"

3. "The business and technology strategies and secrets all CXOs, IT managers and professionals, and attorneys should know and use to develop successful and manageable outsourcing contracts with Indian providers!"

4. "The recession's impact on systems design & GUI: i.e., designing for older users!"

Note: Parts of this slidedeck (http://www.wsrcg.com/PDFs/Important-IT-Expert-Lessons-2011.pdf) has been presented recently at two SPIN Conferences and two USC Undergraduate Systems & Software Engineering classes. A more targeted version is in development for a Spring 2012 lecture at Southwestern Law School. Among other areas, a more in-depth discussion regarding the special issues and contract clauses to be considered re Cloud Computing will be included.

 

December 2011:

Warren S. Reid to address SPIN (the Software Process Improvement Network - Los Angeles) on December 2, 2011 with:

"A LOOK AT SIX INDEPENDENT IT TRENDS THAT CAN IMPACT YOUR DECISIONS AND CAREER! - PART II"

Warren S. Reid, MBA, CMC, CFE, CSQA, CSTE will be the sole presenter for 2.5 hours. He will cover the following new topics based on several of his recent IT legal matters that he believes every IT professional should know!

  1. Slipping Backwards: When And How Agile Methodology Fails?
    We all know about the agile methodologies, and perhaps many of you have implemented this approach into your organizations or have used it on specific IT development projects. Many such projects are very successful; others only moderately so. Yet there are also some prominent failures using these techniques – which are oftentimes unreported. I recently was a consultant in a large-scale system project failure allegedly following SCRUM and Agile methodology. Changing from the more traditional “planned methodologies” (i.e., waterfall, spiral, evolutionary, and prototype methodologies) is not just a change in processes, but also a change in culture, organization structure, how IT thinks, teamwork, and more. I will discuss my experience when such things are ignored or insufficiently addressed, the resulting havoc it can produce, and some ideas on how to avoid such situations and behavior.

  2. A Look at Software Development Outsourcing -- A 15 Year Retrospective!
    For a decade and a half, many flavors of IT outsourcing, especially to India, have enjoyed tremendous growth – yet, in many circles and in many ways, it has not delivered on its initial promise – i.e., the reduction of total cost of ownership, improved quality, on-time delivery, “full functionality”, more manageable project risk, better customer service, more satisfied customers, among other things. It is time to look at IT offshore outsourcing over these years, examine and uncover some of the lessons learned, and separate the facts from the myths you should be aware of when selectin http://www.uces.csulb.edu/spin/flyer120211.html g and agreeing/contracting for such services to improve your chances of outsourcing success!

  3. The Impact of The Recession On “Systems Design And GUIs”
    With Americans working later into their lives, and foregoing retirement for the time being, new computer systems and technologies must be learned, used, and managed by workers in their seventies and older. But studies and empirical evidence are showing that different age groups want and “need” different GUI’s and possibly process workflows to successfully migrate to the new technologies and continue to be efficient, effective and happy at their jobs. After Warren’s intro, this will be an open discussion of what can be done to ease this real modern-day transition challenge.

For more info on SPIN and the location of this free, open to the public meeting, go to Spin Schedule of Events for December 2, 2011

 

November 14 and 16, 2011:

Warren S. Reid presented his lecture series at USC's School for Systems & Software Engineering

Warren presented his new lectures on is presenting his "IT Contracting for Success" lectures to Systems & Software Engineering students at the University of Southern California (USC). He has expanded the coursework to include:

1. "What makes software organizations and products "world-class?"

2. "How to support IT Counsel and CXOs in negotiating, specifying and managing "world-class IT Contract"?"

3. "Why Agile methods and progects are failing when they should not?"

4. "What are the realities regarding IT Outsourcing to India -- and how to make that relationship work?"

 

October 2011:

Warren S. Reid to address SPIN (the Software Process Improvement Network - Los Angeles) on October 7, 2011 with:

"A LOOK AT SIX INDEPENDENT IT TRENDS THAT CAN IMPACT YOUR DECISIONS AND CAREER! - PART I"

Warren S. Reid, MBA, CMC, CFE, CSQA, CSTE will be the sole presenter for 2.5 hours. He will cover the following topics based on several of his recent IT legal matters that he believes every IT professional should know:

  1. What Is A "World-Class" System? No, Really?
    In my opinion, the most hyped word in the 21st century is “world-class”. More and more companies are contracting for “world-class” systems. Yet there are no IT industry standards defining world-class – and no legal definitions of them either. So what does that mean? What has each party just agreed to? And how will judges and juries make such a determination – if it gets to that? How much is subjective? How much is objective?

  2. How Does the Federal Anti-Kickback Law Affect All Government Systems/Software Projects?
    Under Federal Law, kickbacks, gifts of money, reduced service and training fees, promised future customer references, or anything that might be valuable is now illegal in Federal IT Contracts – although it was a common occurrence and agreement between vendors, integrators and consultants in the past.. The law is a result of the belief that kickback incentives can consciously or unconsciously affect the independent judgment of supposedly independent integra http://www.uces.csulb.edu/spin/flyer120211.html tors, consultants, advisors, and employees. The US Department of Justice is cracking down hard on dozens of the world’s largest IT vendors and service providers now accused of such abuse. Just what is the government doing? And how might that affect you?

  3. What New Science, Techniques & Metrics Are Being Used In Court To Determine the “Quality” Of Delivered Systems -- and More?
    New qualitative and quantitative models, methods, reasoning, and metrics are being introduced into courtrooms to address questions such as:
    • Is the delivered system really bug-ridden or overly buggy?
    • Is delivered documentation appropriate for the system & its stakeholders?
    • How sustainable is the delivered system (scalable, maintainable, auditable, portable, interoperable, etc.)?
    • How viable is the vendor and its ability to live up to its long-term maintenance, support, service, upgrade contracts?
    • What are the cost, schedule, scope, risk and quality impacts of deviating from promised, appropriate, industry accepted/tested/proven SDLC methodologies?

For more info on SPIN and the location of this free, open to the public meeting, go to Spin Schedule of Events for October 7, 2011

 

August 2011:

Warren S. Reid testified as an expert witness in a complex software dispute at an international arbitration in London. The verdict is pending.

Testimony included:

(1) What makes a system “world class”? What makes software world class?

(2) What are the “industry best practices” re the Software Development Life Cycle (SDLC)?

(3) What makes training and systems documentation “best in class”?

(4) What were the underlying root causes of alleged system and software functional and performance deficiencies? Which party was responsible for them? What caused them? How could they have been avoided/addressed?

(5) IT industry practices a trier of fact be informed about:

(a) Customer responsibility in selecting enterprise software? (knowing its requirements)

(b) Vendor responsibility in representing its software and capabilities? (understanding customer requirements/metrics; help customer make tradeoffs, explore alternatives; refuse to make certain changes to the system; lead a GAP analysis)

(c ) Making realistic estimates; tracking progress; not falling into trap that adding more project staff increases project/individual productivity in a linear fashion (“Mythical Man Month”)

(d) Managing scope creep in a project with a tight timeframe and unmovable delivery date.

(e) Many functional requirements can be/are subjective and changing

(f) The difference between an RFI, and RFP, and an agreed to list of functional deliverables by Product Release.

(g) System and software performance, capabilities (e.g., maintainability; architecture; GUI; auditability; scalability; fault tolerance; etc.), and industry standards are objective and measurable
(h) All systems have bugs! All bugs are not equal! It is possible to estimate the average and “best in class” latent defects (including bugs), by severity level, that will likely be delivered/introduced into production.

 

June 2011:

WSR Consulting Group, LLC assists U.S. Department of Justice in winning favorable settlement against IT integrator in Federal Anti-Kickback Law matter. Case involved billions of dollars or hardware, software and systems acquisition planning, development, implementation, project management and IT operations outsourcing services.

Regarding this litigation, we opined on:

(1) The roles played by systems integrators in large-scale software development and implementation projects;

(2) The roles the defendant integrator palyed in five large Federal Government Agency contracts/projects;

(3) The project events/decision points, and resulting integrator recommendations/advice influencing specific vendor hardware/software/netware component selection that the integrator maintained alliance agreements with;

(4) The extent the integratorwas influenced (consciously or unconsciously) to purchase more, different, and/or unproven state-of-the-art components/resources; shorten the delivery schedule for such hardware/software/netware components; recommend/ alter system components not warranted by the merits of the project/circumstances

(5) The extent to which the integrator created, planned, and executed policies, procedures and organizational structures to manage and collect "vendor influence payments" from alliance vendors.

 

April 2011:

WSR Consulting Group, LLC proudly announces Jim Mottern joining the WSRcg family of IT Consultants and Expert Witnesses

We are delighted that Jim Mottern will be bringing over 30 years of systems and business experience to WSRcg clients. Jim is a senior executive with deep and effective ERP selection, customization, implementation and operations expertise that includes numerous SAP, Oracle, PeopleSoft and JD Edwards systems projects, including successful assignments with large-scale government and Fortune 1000 companies. He built a Big 4 Accounting/Consulting Firm’s SAP practice from 0 to 250 staff, and garnered “SAP’s Award of Excellence for Implementation” quality and success five years in a row. Jim is one of the most experienced ERP implementation advisors assisting companies today.

Jim adds significant operations and systems experience with pharmaceutical, technology, consumer products, aerospace/defense companies and government clients. He also brings expertise in solving complex global Board of Director, CFO and CIO issues. He has worked in North America, Europe, Asia-Pacific and the Middle East.

Jim is also an experienced expert witnes. Click to see his full resume.

 

April 2011:

Warren S. Reid presents The Critical Roles of Attorneys AND Systems Professionals in creating World-Class IT Contracts” at Southwestern Law School.

This presentation: introduces business and IT context, perspectives and methods in selecting the “right” IT partners (i.e., vendors, systems integrators, developer, customers, and service providers); identifies the multi-faceted nature of IT contracts and the need for a multi-constituent IT Contacting Teams (Attorney, CFO, CIO, CXO, and key project management and subject matter expert users); and explores the negotiating and business processes of surfacing and allocating risks, expectations, roles, responsibilities, deliverables and sign-offs among the parties.

The areas of learning cover:

  • Why Systems Fail? What is a system anyway? An IT System?
  • Defining IT project and IT system “success”
  • What is the central purpose of IT contracts?
  • The “Push/Pull Points” in every project - and the compromises and non-linear tradeoffs to be made between: Cost – Schedule – Functional Scope – Risks – Quality – Stakeholders
  • What does “world class” mean?
  • The pillars of “world class: Organizational & Operational Excellence; Focus on the “Right” stuff; Robust Life Span (Sustainability)
  • What makes a software organization “world class?” A system? A contract?”
  • Eliciting and Managing Requirements
  • Contents/clauses for “world-class IT Contracts” from the perspectives of each and all parties
  • And more

Warren has lectured and presented his material and success models as part of the Contracting Course at Southwestern Law School, oftentimes with follow-up cases, for four years.

 

March 2011:

Warren S. Reid presents updated version of his lecture series at USC's School for Systems & Software Engineers

Warren is presenting his "IT Contracting for Success" lectures to Systems & Software Engineering students at the University of Southern California (USC). He has expanded the coursework to include:

1. "What makes a world-class IT organization?"

2. "What makes a system/software, world-class?"

3. "How to negotiate, write and manage a world-class IT Contract?"

Recurring and updated course topics also cover related contract clause thinking and drafting under different SDLCs such as waterfall, spiral, evolutionary, incremental, agile, eXtreme, Scrum etc. methods. Veryimportantly, how to build a IT negotiating team consisting of CXO, CIO, Project Director/Manager, and Legal Counsel is covered in detail.

Contract clauses covered include those relating to: functional, performance and ability requirements; project timetable; party roles and responsiilities; drafting a measurable definition of project success; project management and progress reporting; project costs and payment schedule; testing amd acceptance; training; documentation; site preparation; custom programming services; conversion and integration services; unique outsourcing contract issues and clauses; project organization and staffing; warranties; maintenance contracts and issues, measuring quality and much more. These are the areas that counsel typically needs help in based upon my almost 25 years as an expert witness in IT system and contract failure litigation.

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Definitions of Terms

Below we define certain terms used on this website that otherwise have multiple meanings:

  • Software failure experts and software failure expert witnesses
  • ERP failure experts and ERP failure expert witnesses
  • Internet failure experts and internet failure expert witnesses
  • Computer failure experts and computer failure expert witnesses
  • System failure experts and system failure expert witnesses

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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For More Related Information

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WSRcg

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