April 15, 2016:
Southwestern Law School, 2nd Year Students - Contract Drafting:
Warren S. Reid was asked to give a three-hour talk on how to develop powerful, usable, and helpful IT contracts that will keep a systems or software development and implementation project (such as an ERP and SAP project) on course during difficult times. In this presentation, the first half is devoted to the systems/software development and implementation process so that the law students get an appreciation for the context of these IT contracts. Warren introduces the critical but oftentimes poorly performed requirements, project management, estimation, testing, implementation, data conversion, and known risks before a project even starts.
Warren S. Reid has spent years representing both customers, companies and users who contract for enterprise-wide systems and conversely, the vendors, systems integrators, and consultants that build and implement them.
During the last half of the presentation, Mr. Reid presents actual clauses and how to write them, tradeoffs and how to manage them, and how to uncover and allocate risks when creating and negotiating the IT contracts. The same 20 or so clauses always seem to be problematic in determining what the parties meant and what their responsibilities were â€“ yet the claims made almost always relate to the ambiguity, contradiction, omission, and/or faulty performance of these very same clauses in courtrooms around the world.
Also available here is a 35-page companion thought-piece which may be used as a standalone article.
October 28, 2015:
USC Graduate Program in Software Engineering
Warren S. Reid, assisted by Cassie Oates, presents "Catastrophe: CoCoMo and the Court", a discussion of estimating, targeting, committing, planning, and managing large-scale systems and software development projects.
Topics covered included:
Failed Implementation of A Real - Time ERP System
Summary of WSRcg Opinion - Testified September 2015
$80 - $100 Million Bench Trial
Worked with Integrator's Counsel
This dispute involved a proprietary ERP system developer/Plaintiff Integrator (using a complex real-time transaction capture and processing system, interfacing with mechanical devices, robots, and multiple third parties) and a state agency Defendant Customer with a goal of collecting hundreds of millions of dollars. The Integrator was also contracted to operate the system for three years post Go-Live. The contract called for an 11 month schedule, 6 months of which was to be a freeze period, to be started after the Functional Design Requirements were signed off by the Customer. In fact, the Customer kept making changes to the design forÂ 9 Â½ months into the project, leaving only 6 weeks to develop, test, make ready, and implement the system so customer could meet its politically mandated Go-Live date. Customer terminated contract after almost three years. Judgment Pending
Implementation of an ERP System to Replace a Global Legacy System
Summary of WSRcg Opinions - Testified August 2015
$20 - 30 Million Arbitration
Worked with Customer's Counsel
This dispute involved a world-class Defendant Developer/Integrator hired to provide leadership and project management in the customization, configuration, and implementation of a global ERP system starting with a first release in North America. Both parties understood Customer's limitations and lack of experience and understanding in the global ERP space. Despite continually asking Integrator for guidance, Plaintiff Customer did not receive effective advice, design guidance, knowledge transfer, and training pre-Go-Live. Customer suspended the agreement after a year and a half, claiming the Integrator was unable to resolve problems. Judgment Pending
Warren S. Reid offers several USC IT Systems and Software presentations to the public.
Due to popular demand - I am offering a few of the presentations I made to University of Southern California's School for Systems and Software Engineering Undergraduate, Graduate and PhD Programs. The topics covered include: IT Litigation, Constructing Successful IT Contracts, Outsourcing, Endemic Systems & Software Failure, and more. I hope you enjoy these.
© Copyright 2006-2014 by Warren S. Reid All Rights Reserved
© Copyright 2003, 2005, 2009, 2011 by Warren S. Reid. All Rights Reserved.
© Copyright 2001, 2005, 2009, 2011 by Warren S. Reid. All Rights Reserved.
© Copyright 2001, 2005, 2009, 2011 by Warren S. Reid. All Rights Reserved.
© Copyright 2003, 2005, 2009 by Warren S. Reid. All Rights Reserved.
Warren S. Reid Joins COCOMO III Work Study Group by Invitation
While attending and contributing to this year's 29th International CoCoMo (Constructive Cost Model) Symposium, in Los Angeles, Warren was inspired by the quality of thought and knowledge transfer of the CoCoMo Affiliates as well as the new ideas being put forth regarding IT estimates.
Warren asked Professor Barry Boehm, the inventor of the CoCoMo models, if he could attend the next CoCoMo III Work Study Group meeting. The Group is charged with developing the next iteration of CoCoMo estimating models and tools to meet the new challenges, technologies, needs and opportunities in IT. After accepting Prof. Boehm's invitation, Warren attended a meeting and has since been invited to join the Study Group. His contribution to the Group will focus on his knowledge, experience and expertise in the use of earlier CoCoMo and other estimation models in IT failure lawsuits in America and abroad, valuing reusable software development artifacts, and in reviewing and/or preparing software development estimates for new commercial projects and Technology Committees of Boards of Directors.
Warren S. Reid shares his experience in "Beating the Odds: How to Build and Implement Successful Software Systems.
This printable three-page document is the cornerstone of a PhD class in Software and Systems Engineering which Mr. Reid taught in October at the University of Southern California.
Warren S. Reid gives testimony re the impact of unagreed-to system requirements & designs, and the arbitrary elimination of proper test schedules and regimen.
In this dispute, Mr. Reid testified on behalf of the software integrator where there was a difficult customer that could not make up its mind as to what it wanted, required and must have in its initial release because it appears it was hoping to get everything, under a fixed fee contract, in its first release. The customer’s refusal to sign-off on systems requirement designs put the industry experienced/successful integrator at risk, delaying the project schedule.
Then, once the customer mandated a surprise, out-of-thin-air, politically favorable Go-Live date (that was less than 20% of the schedule the Integrator believed it had to finsh the coding and testing of the system) without deferring certain requirements, accepting work-arounds for the first 6-12 months, or accepting very increased risks typically resulting in either a failed system, or a system with a very difficult post-Go-Live Settling Period plagued with numerous Emergency System Fixes/Releases. The Integrator had to rely on its own IT industry and domain experience to get the system implemented by the new Go-Live date, and reliably running in the first 12-18 months post Go-Live. The Integrator maintained and operated the system for a few years for the Customer but the Customer refused to pay a substantial portion of the system development, maintenance or operations costs claiming the system was not what was bargained for.
Mr. Reid’s opinion is that the integrator delivered a reliable, auditable, maintainable system that met IT industry and industry domain requirements under the circumstances, and the material requirements that the customer would/did sign-off on. Using its expertise and a Core System that the Integrator developed and used in similar projects as the system base, the Integrator developed, delivered, installed, and operated a system that materially complied with the features, functional and non-functional requirements of the anticipated system. Yes, there were some preferences, metrics and lesser needs the customer had hoped for but wouldn’t approve or modify when asked. And yes, the Integrator either couldn’t always guess what the Customer's preferences were, or there was not enough time to implement them before go-live, or they in fact were delivered – just not in the way the customer hoped for.
Now, several years later, the customer still refuses to pay huge sums for the system and its operating costs absorbed by the integrator even though the customer has enjoyed the benefits the system since Go-Live. The contract between the parties was terminated and the parties will have their “day in court” in 2014.
Warren S. Reid presents "Six Critical Systems and Software Development Essentials that Continue to Evade IT Executives, Managers & Professionals"
Warren S. Reid’s presentations and topics are based on his research, consulting experience and expert witness work worldwide in IT development and IT legal matters that he believes every IT professional and counsel should know! He has guest lectured at USC’s Undergraduate and Graduate Schools of Computer and Software Engineering for 7 years and at Southwestern Law School for 6 years. He always brings real stories, real experiences and tangible practicality, tools, recommendations to his audiences from all over the world that can be put to immediate use.
Context: With The Standish Research Group reporting over the last 20 years that, on average, only 30% of all systems projects are successful (on time, on budget, with relatively full functionality) , 40% are challenged (not on time, over budget; missing functionality) and 30% fail outright (aborted, never implemented, shut down shortly after implementation) the IT industry cannot brag that it is doing things right, and doing the right things! Warren will tackle 6 fundamental skill areas that continue to confound systems projects of all types and create failure or very difficult challenges – and tell you how to spot it, evaluate it, address with it and PREVENT it in the future!.
The areas of learning cover:
1. Estimation: A conversion of art, science, and experience that must be adjusted over time. Function Points, Source Lines of Code, Feature Points, Delphi, Historical Metrics, Breadbox, Bottom Up, Top Down? Which is “right” for you!
2. Requirements: Getting this wrong almost guarantees system and software “failure”
3. Testing: What is a successful test program? Why so many tests? How do you know you’re “Done?”
4. Contracting: It’s all about allocating risk -- and your lawyer cannot do it alone, not by a long shot!
5. Outsourcing: An almost 50% failure rate! Little cost savings! What’s going on and how can you do?
6. SDLC Selection: Waterfall? Spiral? Increment Commitment Spiral? Agile? – “Taking Smartcuts NOT Shortcuts”
Warren S. Reid presents "Strategizing and Drafting Computer Contracts that Really Work!"
Warren S. Reid’s presentations and topics are based on his 40 plus years of research, consulting experience, software development, project management, contract negotiations, and expert witness work worldwide.He believes good contracts can only be drafted by a team of lawyers, CXOs, Project Managers, and Subject Matter Experts (SMEs) and Quality Assurance managers. He has guest lectured at USC’s Undergraduate and Graduate Schools of Computer and Software Engineering for 7 years and at Southwestern Law School over a period of 6 years on this and similar topics. He always brings real stories, real experiences and tangible practicality, tools, recommendations to his audiences that can be put to immediate use.
Context: With The Standish Research Group reporting over the last 20 years that, on average, only 30% of all systems projects are successful (on time, on budget, with relatively full functionality), 40% are challenged (not on time, over budget; missing functionality) and 30% fail outright (aborted, never implemented, shut down shortly after implementation), the IT industry cannot brag that it is doing things right, and doing the right things! Warren will tackle the fundamental skill areas that (1) continue to confound attorneys drafting IT and Software Contracts for systems projects of all types, and (2) create failure or very difficult challenges.
He will present a roadmap and refer to his own cases on how to "Build a 'Living Contract'" that properly:
He will instruct you on the best practices on how to make the your Computer Systems Development Contracts support the attainment of and the balance of: project risks, costs, schedule, scope of functionality, quality, stakeholder expectations!
November 2013 -- Jan 2014:
Warren S. Reid gives testimony re proper SDLC methods and deviations and scientific project estimate alternatives in a large-scale system dispute.
Mr. Reid spent more than 1 week in deposition and rebuttal testimony in a large-scale system dispute at the request of counsel for the Customer.The Developer/Integrator is countersuing the customer.
Here, Mr. Reid testified on the typical domino effect this project exhibited starting with a:
• Bait & Switch from exceptional IT professionals to unqualified management and staff, who then created an
• Unrealistic, underestimated project plan and unattainable project schedule, which forced
• Short cuts to be taken arbitrarily during the critical requirements elicitation, resulting in
• Incomplete, ambiguous, inconsistent, untestable functional requirements that omitted critical end-to-end business requirements, that caused
• Poor designs and design documents to be written which relied on those requirements, leading to
• Poor coding and unreliable and incomplete unit testing, leading to the
• Promotion of unready/unfinished requirements, design, code, unit tests, interface tests, integration tests, security tests to the next phases of development and testing, causing a
• Never ending series of system test cycles unearthing unacceptably numerous requirements defects that should have been detected/fixed in earlier reviews/tests for orders-of-magnitude less effort & time, and which was further undermined by
• No automated regression testing suite for this new, custom system with millions of lines of effective source code.
The integrator could not reliably estimate an estimate to complete date and required resouces. In fact, it didn't even know where the project stood and the project status. The Integrator made classic systems development project errors and tried to fix them by creating ad-hoc practices which only made the system worse and the project further behind.Like the recent Obamacare system debacle, this case is yet another example of what has been going on too much and for too long in IT -- that could be avoided!
Importantly, Mr. Reid was asked to develop estimates to complete under different going forward alternatives. He introduced and both supported and criticized the SDLC process promised to be used in this project vs. what what actually was executed. He configured certain industry practices and metrics in new ways to estimate how long this large and complex project would take to deliver, and the associated risks, if the project were to be:
• Left bumbling along as it had been for the past many years using its current processes, staffing, Quality Assurance, and management organization
• Developed from scratch
• Transformed into a high-quality, materially compliant, maintainable, production-ready system based on the “value of the reusable/salvageable artifacts and components”
• Based on using an ERP system approach.
Using industry supported SEER and COCOMO II models, and his own experience in developing estimating models for a Big-4 consulting firm, Mr. Reid oversaw and/or developed estimated costs & schedules needed to finish and implement the system under each of these 4 alternatives. He calculated reuse value of artifacts already completed -- some at 90% and others at 0%. He estimated the project assuming the project’s use of different automated tools, process maturity levels, staff quality and experience (i.e., management, analyst, programmer, application, and platform experience), both dynamic and static testing approaches/staffing/tools used, staff turnover, team cohesion, architecture/risk resolution, compressed deadlines, system complexity, reliability required, documentation requirements, and more. He testified that using Function Points as a basic measure of program/system size is fine if done correctly, BUT that Function Point size can only be turned into usable effort, cost and schedule estimates after numerous cost multipliers and scale factors similar to the ones listed above are applied to the Function Point count.
Warren S. Reid presents “The Critical Roles of Attorneys AND Systems Professionals in creating Successful IT Contracts” at Southwestern Law School.
This presentation, updated for the new technologies of 2013 and the challenges of an aging population: introduces business and IT context, perspectives and methods in selecting the “right” IT partners (i.e., vendors, systems integrators, developer, customers, off-shore and on-shore outsourcers, data center operators, 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 for surfacing and allocating risks, expectations, roles, responsibilities, deliverables and sign-offs among the parties.
The areas of learning cover:
March & April 2013:
“12 Knowledge Areas Every USC IT Engineering Student Should Know!”
USC Systems/Software Engineering Curriculum: Graduate and Undergraduate Classes: March 27, 29 and April 1, 2013
Continuing Guest Lecturer: Warren S. Reid
Day 1: 3/27/13
Why Systems Fail? & Fail? & Fail?
The new “He Said – She Said” chart
Who is the Single Most Important Person on the Project Team?
PM = P-O-S-D-CO-O-R-B-E:
Planning; Organizing; Staffing; Directing; Coordinating; Communication; Re-solving; Budgeting; Estimating
Project Estimation: the Difference Between Project Success & Failure
The Impact of Executive and PM decisions on the cost, schedule, scope & quality of the project and resulting system(s)
Running Meetings That Work!
Planning, inviting, conducting, summarizing, identifying decisions reached, next step action Items (and how to measure them), interim feedback; next meeting
Day 2: 3/29/13
The Trouble with Requirements!!!
World-Class; SOTA; Misunderstood; incomplete, ambiguous, not concise, imprecise, not testable; changing; prioritizing, deferring, buying, lowering expectations. If requirements are “wrong” – so will be the system!
Testing & Defect Management: Lost Arts and Absent Sciences
It’s hard; it’s necessary; it’s under-budgeted; it’s performed out of sequence; we’ll do it later; it’ll pop up later
Maintainability: The Real Key to a Successful (thriving, effective, productive, fruitful, triumphant) System!
If you can’t maintain it, it will start degrading and getting corrupted the first day in production. It’s asset value is greatly diminished. Hope it blows up quickly – instead of slowly & quietly over time!
The Real Cost of Defects: In development & In Production
It can be much more costly than you think! Searching/ repairing/ retesting errors introduced much earlier in SDLC can have exponential impact on project costs/schedule.
Day 3: 4/1/13
SDLCs: Different but Necessary
What Each Does? When to Deviate? What’s the risk of each one? How to decide which t use?
How Can You Best Outsource Software Development & Maintenance Abroad
50% of software outsourcing to India fails?
50% succeeds! How to get into the right column?
How to Excel on Your Next Job Interview!
Getting it right … the First Time!
Quality Assurance vs. Quality Control
Not Knowing the Difference Can Cripple your Project!
ALIGNING BUSINESS AND IT STRATEGY:
Helping Achieve Corporate & IT Success!
New Coursework for Fall 2012 “CS510 - Software Management & Economics” class: By Warren S. Reid
This semester, Warren S. Reid tackles a most overused, yet poorly understood, buzzword in the IT industry – i.e., "Aligning Business and IT Strategy!"
Warren will direct participants to answer the question, "How can we best use and invest in ever-changing information technology to achieve the long term business goals and strategies of the company -- whether to improve financial performance, increase market share or stock prices, reduce operational expenses & working capital – or getting the right information into the right hands, at the right time to help make better informed short- and long-term decisions.”
Today, very few IT execs & managers play substantive roles in the strategic business planning process – and vice versa – typically causing disappointing results, executive and IT firings, and even company bankruptcy. Even when IT improves short-term financial performance, IT oftentimes fails to empower company decision-makers to make better and more-informed immediate or longer term decisions based on supportable facts, logic, and metrics.
“Aligning Business and IT Strategy” is presented in 3 successive classroom sessions:
After 3 sessions, each active participant will have struggled with, reviewed, and/or refined some of the key methods, models, recommendations, alternatives/trade-offs, thinking required, negotiation tips, etc. to meaningfully participate and contribute to developing successful and aligned Strategic Business and IT plans for his/her organization.
A Glowing Recommendation for Warren S. Reid from USC on Linkedin.com
Following is a recommendation that Warren S. Reid received from Dr.Supannika ("Sue") Koolmanojwong, PhD, on May 1, 2012:
“As a lecturer of the graduate-level software engineering class and software management and economics class at University of Southern California, Warren is our regular invited guest lecturer. Students love to hear his informative stories about IT updates, tips and tricks in software engineering world, new trends in software business, and how to apply various theories in to the reality... His presentation skill is exceptional. His knowledge is vast and comprehensive. I would love to invite him any day. He is one of the best guest lectures that we have..."
A WSR Consulting Group, LLC expert team testifies on PCI-DSS, and payment card industry practices in U.S. and international tribunals.
Banks are hunting for new ways to replace revenue that is no longer available to them. The new Consumer Protection Agency is setting limits on some bank fees and regular/ongoing customer complaints are stopping others, for example the fees to use debit cards. The next place they may look is to their other customers, namely commercial accounts, including retail merchants, professional offices, etc. Some Payment Card Processors <-> Payment Card Companies <-> and Credit Card Account Banks have begun to impose penalties, ignore normal theft protection liability limitations for merchants, and even tie up merchant bank accounts for risk reserves to cover the "potential extra risks of credit card fraud and misuse based upon failure of merchants to materially comply with updated PCI DSS rules (i.e., Payment Card Industry, Data Security Standard).
The PCI DSS is a multifaceted security standard that includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures. This comprehensive standard is intended to help organizations proactively protect customer account data.
WSR Consulting Group, LLC has a small team of experts who have successfully interpreted, clarified and dealt with Retail/Merchant POS systems and their issues and relationships with/uses of the payment card industry & related banking systems.
Teaching & Training Schedule - Winter 2011
Feb-March 2012: USC's School for Systems & Software Engineering
February 2011: Southwestern Law School - Los Angeles)
December 2, 2011: SPIN-LA - Session 2
November 14/16, 2011: USC's School for Systems & Software Engineering
October 2011: SPIN-LA (Software Process Improvement Network - Los Angeles)
Seven IT Industry Trends That Can Impact Your Decisions & Careers”
© by Warren S. Reid. All rights reserved.
Warren S. Reid’s ( MBA, CMC, CFE, CSQA, CST ) presentations and topics are based on his research, consulting experience and expert witness work in IT and IT legal matters that he believes every IT professional and counsel should know!
Note: Warren Reid has already presented/taught six of these trends in the fall and winter 2011-2012 Systems & Software Engineering graduate and undergraduate classes at USC. Six trends were presented and debated at the October and December 2011 LA SPIN (Software Process Improvement Network) group meetings. A more targeted version of two trends was presented in a winter 2012 lecture at Southwestern Law School.
The most up-to-date sessions’ slides will be consolidated and posted here by March 31, 2012. .
Warren S. Reid testified as an expert witness in a complex software dispute at an international arbitration in London. The verdict is pending.
(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.
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.
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.
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:
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.
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. Very importantly, 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.
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.
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 responsibilities; 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.
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.
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.
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.
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.
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.
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 remedies 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.
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.
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.