WSRcg - Expert Reports

Work Performed in Preparing Our Opinions & Expert Reports

On this webpage we present:

Expert Reports

Expert Reports & Opinions

Our expert reports and opinions translate and present complex technology and computer/software project failure issues as simple, yet persuasive “narrative stories” to allow triers of fact, including judges, juries, arbitrators and mediators to better understand many aspects of the dispute in question, and to make well-informed decisions.

In our narrative story, supported by discovery materials from documents, data bases, interrogatories, depositions, and our own experience, knowledge and expertise, WSR Consulting Group is able to explain:

  • What happened?
  • What should have happened?
    (based on: agreements; industry standards; our own experts’ IT industry and applications experience in customer’s specific industry)
  • What deviations occurred, and why?,
  • Who/what caused or allowed them to occur?
  • What impact did they have on project commitments or product deliverables?
  • Who is to blame, or not to blame, and degree of culpability?

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Our Approach to Computer System Failure & Software Project Failure Litigation

To research, analyze and opine in IT failure, computer/system failure and software project failure litigation matters, we:

  • Identify/clarify important issues, events and supporting facts requiring expert analysis and/or expert opinion testimony,
  • Assist counsel in the discovery process:
    • identify types of documents & specific documents to be requested in discovery,
    • explain docs meaning/relevance to case,
    • recommend how to best request e-documents so they are produced in a usable manner,
  • Identify, collect & analyze project management, planning, technical, contract, functional, testing, termination and other documentation related to disputed issues,
  • Re-test or test software (if available and critical to the case) to determine degree of conformity with functional, performance, quality & technical specs.
  • Compare actual performance/deliverables to applicable industry standards; analyze deviations and reasonableness under circumstances. This helps determine where, how, to what degree each party contributed to project success/failure,
  • Interview percipient/fact witnesses and interface with other experts, if requested,
  • Assist counsel in determining deponents; suggest questions to opposing fact/expert witnesses,
  • Prepare declarations, affidavits, expert & rebuttal reports as requested or required,
  • Assist counsel in preparing demonstrative trial exhibits,
  • Give expert witness testimony at depositions, hearings, and trial.

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Going the Extra Mile

Oftentimes, we are asked to go the proverbial “extra mile”; i.e., well past addressing the essential questions of “What happened? Why? Who caused it? What was the impact?” In such cases, many of our expert reports address and explain the following:

  • IT industry, its history, timeline, technologies, alleged panaceas, limitations and breakthroughs over time, and its arcane and ever-changing terminology,
  • industry context for the particular case, software and system,
  • potential meaning of ambiguous terms and provisions in IT contracts & statements of work (SOW) w/i context of IT industry as a whole & the subject-matter industry specifically,
  • responsibilities of each party: i.e., customer, project manager, software/hardware vendor, system integrator, developers; the guidelines for evaluating how well each responsibility was met, & the impact on project success/failure,
  • definition/criteria for success for systems & software projects under case specific facts,
  • appropriate industry standards, statistics & “best practices” to be used to evaluate performance & quality of project, project tasks, deliverables. This can include analysis of specific items, such as quality and suitability of: ERP configuration & custom development; converted data; systems interfaces; delivered “software performance abilities” (e.g., scalability, maintainability, testability, upgradability, reliability, security, recoverability),
  • computer system architecture, code structure, documentation, testing completeness, standards compliance
  • status of systems/software stability when project cancelled; estimate to salvage project/product; whether worth salvaging,
  • risks that were known, or should have been known before, during and after the project including:
    • people/resource risks,
    • requirements risks,
    • technology risks,
    • project & technology management risks,
    • process risks,
    • product risks,
    • market and competitive risks,
    • intellectual property (IP) risks

Whose responsibility was it to identify, communicate and mitigate such risks?

What was done to mitigate or avoid the risks?

What were/are the impacts on the project?

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Our Approach to Software Intellectual Property Misappropriation

To research, analyze and opine on software IP misappropriation litigation matters, we oftentimes:

  • Identify and provide guidance as to how counsel should obtain and control appropriate versions of code, compilers, utilities and special hardware, if needed, from the parties so that we can conduct a thorough review and analysis of software functionality, sequence, structure and organization, style, forensic fingerprints and footprints similarities, differences and derivations,
  • Employ industry tests, proprietary evaluations to assess the nature, impact, and extent of copyright infringement,
  • Evaluate software, firmware, netware functionality infringes on patent claims,
  • Provide expert opinions and reports to triers of fact,
  • Provide testimony on our opinions and conclusions and the steps, audits, analysis, and work we performed to reach them,
  • Evaluate software, firmware, netware functionality infringes on patent claims,
  • Provide expert opinions and reports to triers of fact,
  • Provide testimony on our opinions and conclusions and the steps, audits, analysis, and work we performed to reach them.

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Call Warren S. Reid at (818) 986-8842 if you have any questions or wish to discuss your case.

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