Firm News

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

» Firm 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 2, 2011:

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

Warren S. Reid addressed 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 integrators, 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 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 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 witness. 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.

 

December 2010:

WSR Consulting Group, LLC Delivers Expert Report/Opinions in Billion Dollar Dispute

WSRcg LLC delivered several expert reports containing its opinions regarding systems: architectural and technical design, integration, development methodology, procurement issues, and responsibilities contracted for by hired project consultants regarding several large systems development/implementation projects at a number of federal government agencies. The projects involved a wide array of hardware, application, management, and netware components and COTS ERP packaged software for projects ranging from tens of millions of dollars to over 1 billion dollars. This engagement was based partly on a reference from a previous litigation involving a failed robotics army base, in which WSRcg’s report and testimony played pivotal roles.

 

November 2010:

Warren S. Reid presents latest version of his two-part lecture series at USC's Graduate School for Systems & Software Engineers

Warren presented his "IT Contracting for Success" lectures to graduate Systems & Software Engineering students at the University of Southern California (USC). He has expanded the coursework to include more detailed comparative and impact analyses of different Systems Development Life Cycle methodologies (SDLCs) on IT contracts and COCOMO II model - comparative modes.

In addition to his recurring course materials, he now presents related contract clause thinking and drafting under different SDLCs such as waterfall, spiral, evolutionary, incremental, agile, eXtreme, Scrum etc. methods. 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 more than 20 years as an expert witness in IT system and contract failure litigation.

 

September 2010:

WSR Consulting Group, LLC assists international law firm in winning large $ settlement in alleged system project failure dispute between very large hotel-casino chain and software developer.

Regarding this litigation, we discovered/uncovered and reported on:

(1) faulty project practices (including inadequate staffing and management, improper selection of and execution of agile software development methodology, and improper and incomplete testing and bug fixing);

(2) improper, incomplete, ambiguous and “untestable” requirements gathering, documentation, and prioritization;

(3) significant and widespread design, programming, testing,GUI, data loading, and businessreports bugs/flaws that proved, in our opinion, that the work in progress would have to be scrapped if a suitable system was to be developed; and

(4) fraudulent misrepresentations by the software developer defendant re understanding, ability and willingness to adapt its core system to the needs of the hotel-casino industry.

 

July 2010:

The "He Said ... She Said" Chart: Why Systems Fail??"

(c) 1995 - 2010 by Warren S. Reid All rights reserved

By popular demand, and peer group pressure, Warren S. Reid has been pressured to put his “He Said … She Said” Chart up on the website. This chart reflects Mr. Reid’s over 22 years as an expert witness in the North America, Asia and Europe in the areas of systems and software project failure.

The chart reveals the complaints and defenses that the different parties almost invariably claim in their lawsuits and disputes. Warren invites you to review the list and see how many apply to your dispute or to a current in-process project. WSR Consulting Group, LLC will be happy to discuss the Chart and its ramifications with you if you wish. We can act as expert witnesses if the need arises, or as turnaround consultants for projects in-process. Contact us at 818-986-8842.

 

April 2010:

Warren S. Reid presents his expanded two part lecture series at USC's Graduate School for Systems & Software Engineers

Warren presented his expanded "IT Contracting for Success" lectures to graduate Systems & Software Engineering students at the University of California. He has expanded the coursework to include more detailed comparative and impact analyses of different Systems Development Life Cycle methodologies (SDLCs) on IT contracts.

In addition to his recurring course materials, he now presents related contract clause thinking and drafting under different SDLCs such as waterfall, spiral, evolutionary, incremental, hybrid, incremental commitment, agile, eXtreme, Scrum etc. methods. Such clause changes typically affect estimating, reporting, staffing, project management, deliverables, "static" testing (i.e., requirements/test cases, coding, testing reviews, walkthroughs, and inspections), dynamic testing, documentation, and open communications clauses in the IT Contracts.

 

October 2009:

Warren S. Reid releases "The RFP Process Model for Successful Software and Vendor Selection" -- the 5th in his series of "7 IT Success Models".

Simply put, a Request For Proposal (RFP) is a formal written document inviting suppliers to submit a proposal on a specific commodity or services. The RFP PROCESS helps leverage a company's negotiating ability and purchasing power with suppliers. It brings structure and more precision to the procurement decision and, when done correctly, flushes out risks upfront. It benefits from input from a wide range of subject matter experts – which helps ensure the chosen solution will suit the company's strategy, short/long-term business objectives, and functional, performance and maintenance requirements.

 

Warren S. Reid has created an RFP SUCCESS MODEL that takes you through the foundational steps, the preliminary selection, “best” candidate selection and the meeting of the minds processes, culminating with party relationaships and IT contracts that allocate risks, embrace and enforce proven SCLC methodologies, and incentivize all parties to continue to perform.

 

September 2009:

WSRcg makes its "IT Litigation and Bad Contracts that Foster Failure" slides & companion materials available free!"

Attorneys wishing to view a video of the 3.5 presentation given jointly by Warren S. Reid and Attorney Steven Brower for MCLE Credit may find it on the www.attorneycredits.com website .

It outlines a "Systems Approach to IT Contracting" that, based on their own personal experiences and expertise, better serves many IT contract purposes. This approach quite thoroughly flushes out and documents the responsibilities and risks each party is willing (and able) to accept and the deliverables / deliverable quality each party will produce and approve, how to get a project back on track, and the renedies for failure to deliver.

Done properly with dedicated IT Contracting Teams, this approach to IT Contracting will generally produce:

(a) much better contracts,

(b) stronger long term working relationships between the parties that can be very helpful if and when a disputes arise, and,

(c) more understanding and control over planning, developing, and managing IT systems and project: estimates; schedules; staffing; progress awareness and reporting; functional AND performance requirements (scope creep); better testing regiments; quality assurance; project specific risks and stakeholder expectations.

 

WSRcg has been engaged by one of the world's largest hotel and casino companies to review their new systems effort.

 

"Warren S. Reid accepts invitation to present to Canada's Deputy Ministers in a closed circuit meeting on May 22, 2009!"

On May 22, 2009, Warren S. Reid, IT expert, and two hand-picked IT lawyers will present to The Government of Canada's most senior executives in the Procurement Ministry and Treasury Board [i.e., "Public Works & Government Services Canada" ( PWGSC )]. They have been asked to speak on "IT Procurement & Project Risk Management" in Ottawa. Since Warren's oldest son Alex will be getting married later that day, Warren will conference into the session.

Warren will focus on 3 of his IT SUCCESS Models

1. "Riskipedia 2.0 -- Failure Factors That Fly Under the Radar: Hidden, Yet Debilitating Software Project Cripplers!
This presentation discusses why, after 25 years of knowing exactly “Why Systems Fail?”[ "He Said ... She Said Model"] -- only 2/3 of large scale systems projects today still come in late, over budget, under-functioning or scrapped altogether? Warren explores what we likely have all missed!

2. "Requirements Elicitation:  Why So Difficult -- Still? "
Requirements are nasty, difficult, changing, and unknown – if you get them wrong at the start of the project, you are in big trouble. So, one more time – but with different emphasis – how can we do a better job in this elusive, oftentimes frustrating, people-heavy area!

3. "IT Contracts: Allocating Risks Properly and Effectively!"
IT contracts serve many purposes-- but they are primarily to flush out and document the responsibilities and risks each party is willing (and able) to take and the deliverables each will produce. Done properly, with contracting teams consisting of a CXO, CFO, the IT Project Champion and Project Manager, and an attorney (hopefully one with IT expertise) can generally produce much better: (a) contracts, (b) long term working relationships that can be very helpful if and when a disputes arise, an, (3) more understanding and control over managing budgets, schedules, the scope of functionality, quality assurance, project specific risks and stakeholder expectations.

 

WSR Consulting Group, LLC Opens Its "Learning Center for IT Excellence"

We envision and position this webspace to be a place where:

  • the leading scholars, researchers and practitioners in IT today and in the future,
  • can introduce new ideas, models, processes and challenges
  • that will spark discussion, thought, disagreement and advancements
  • in the software/systems development, implementation, management, contracting and litigation arenas of Information technology.

Mr. Warren S. Reid is happy to open this new portion of WSRcg’s website with his “Five IT Success Models”.

This is our ultimate reality show: "Real people! Real stories! Real trials! Real Lessons!


WSR Consulting Group, LLC reports a few of our latest developments:

+ Warren S. Reid, Managing Director, has been engaged as a testifying expert witness using computer forensic investigations in a death row matter.

+ Randy Brown, Senior Manager, will be testifying in a complex HIPAA matter.

+ Warren S. Reid and Lubomyr Chabursky, Senior Manager are working on a matter involving the fairness and accuracy of disclosures in a Prospectus for a bond offering given the status of the issuer's IT applications, organization & infrastructure. Either one, or both will be testifying experts

+ Elyse Gura, Manager, has recently become associated with WSR Consulting Group, LLC as a Manager in IT Consulting and Project Management. We are thrilled to have her on board.

Ms Gura has more than 20 years of hands-on implementation-oriented management information technology consulting, corporate IT management and Professional Services leadership experience. She has planned and executed large-scale ERP implementations, rollouts and upgrades, focusing on effective planning, communications, and risk management. She has very special expertise in Oracle ERP. Ms Gura has served as an IT Director leading upgrade stabilization, SOX compliance and package selection projects. She has built, led and/or turned around international IT Professional Services organizations for mid- to large-size software vendors and management consulting firms. ITIL V3 trained, B.A., M.B.A.

 

 

Firm News in 2008

Firm News in 2007

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

WSRcg

Home | Founder: Warren S. Reid | Firm Introduction & Philosophy | References & Testimonials | Firm News | Credentials, Cases, Testimony | Approach to Cases & Discovery | Expert Reports | ERP Expert Witnesses | Software Expert Witnesses | Computer Expert Witnesses | Internet Expert Witnesses | IP Expert Witnesses | IT Consulting Expertise | Firm Resume | Consultant & Expert Witness Resumes | Publications | Presentations | Firm Blog | Contact Us

WSR Consulting Group LLC · Los Angeles · (818) 986-8842 · www.wsrcg.com · wsreid@wsrcg.com
Copyright © 2004, 2005, 2006 WSR Consulting Group, LLC. All rights reserved