Our Core Disciplines are Applicable Across Industries
We at DisputeSoft have found that the skills we have developed in our core disciplines of software failure, intellectual property, computer forensics, and e-discovery are widely applicable across industries. Please don’t hesitate to give us a call and discuss how our services can be of assistance in your investigation or litigation.
The industries listed below are only a few of the ones in which we have worked, and we find that we are asked to serve as software experts in new situations weekly. Click on an industry to learn more.
Software is more a part of modern medicine than ever before. Medical institutions look to improve their efficiency, effectiveness and compliance by integrating electronic health records, billing and insurance, practice management systems, and clinical components into their administrative systems. Recent developments like the ACA often come with financial incentives for healthcare institutions to modernize, as well as penalties for not doing so.
Implementing new systems and migrating from legacy systems involves significant risks in the areas of budget, schedule, and functionality, among others. When disputes concerning such systems arise, determining which party bears responsibility typically requires the assistance of an expert.
In cases of alleged medical malpractice, a forensics investigator or software expert can examine electronic records, radiology reports, hospital networks and systems, and medical machine software to assess whether a doctor or other medical professional fell short of the required standard of care. Forensic evidence can prove pivotal in determining whether the record supports a claim of medical malpractice. Our experts are able to extract and analyze the metadata stored by a wide variety of software and systems, which can help support or refute claims with regard to whether malpractice occurred, when it took place, and what parties were involved.
DisputeSoft has served as an independent expert in healthcare software for hospitals, clinics, physician and dental practices, government exchanges, software developers and system integrators. Our computer forensics experts have consulted on medical malpractice cases for both patients and practices.
Software is used in virtually every area of the energy industry, including exploration, drilling, emissions monitoring, refining, gas transport, and retail. In an industry as large and competitive as energy, disputes over the ownership or implementation of software can be complicated and costly for the parties involved. Sorting out the technical issues involved in a software dispute typically requires the assistance of an experienced expert. DisputeSoft has served many times as an independent expert for major energy providers and for developers of software for the energy industry.
The tasks of government increasingly involve information systems. Processes such as managing and administering taxes, public land, and healthcare exchanges, as well as traditional functions such as payroll and budgeting, can be made vastly more efficient with the proper implementation of software. But software developed under a government contract is no less susceptible than a private sector software project to claims of failure, delay, or even fraud. When a dispute arises, an expert can help explain terminology and standard practice involved in a complex IT implementation project, interpret contractual requirements, and evaluate the merits of each party’s position. DisputeSoft has served as an independent expert on federal, state and local governmental IT disputes, both for governmental entities as well as for software developers who contract with government agencies.
Forensic digital evidence can be a deciding factor in criminal investigations. It can confirm or invalidate an alibi, determine whether a digital file has been altered, or clarify video and audio elements to render them intelligible. DisputeSoft’s digital forensics experts have conducted investigations that have revealed exculpatory evidence as well as facts leading to the disqualification of evidence shown to be unreliable or misleading. DisputeSoft has been designated many times as an independent forensic expert testifying witness for defendants in criminal cases on the local, state, and federal levels. We have also been involved in civil suits arising out of criminal conduct.
It’s a common refrain – technology is changing the face of education. From entirely online courses to learning management systems to tablet computers in the classroom, technology is now embedded in education. The race to take advantage of the opportunities to implement and maintain these new technological systems can result in disputes, whether over intellectual property rights in the software and/or content, or regarding the implementation of such software. DisputeSoft has served as an independent expert for school districts, educational research organizations, online test preparation companies, and substitute teacher dispatch system developers.
As public policy shifts in an attempt to mitigate the effects of climate change, environmental software systems are becoming both necessary for administering environmental laws and for managing emissions. The functions of such systems can vary from emissions monitoring to natural resource identification and exploration to saving energy by reducing resource consumption. Disputes over these systems may concern their implementation or, given the rapid growth of the sector, the rights to valuable intellectual property. DisputeSoft has served as an independent expert both for developers of environmental software as well as the intellectual property holders of environmental software.
From Internet giants like Amazon.com to brick-and-mortar companies like Wal-Mart to ambitious internet-based startups, every company engaged in selling products online employs e-commerce software. Some e-commerce software is designed to be implemented out-of-the-box (“OOTB”), meaning without significant customization by a software development team, while other e-commerce systems are largely built specifically to a certain online retailer’s specifications, yet may also include OOTB modules for features such as Customer Relationship Management (CRM). Regardless of their type, these complicated, multi-layered systems are no stranger to failure claims, and e-commerce software may be the subject of intellectual property disputes as well. DisputeSoft has served as an independent expert for both e-commerce software developers and e-commerce system customers. We have also worked on matters involving e-commerce sellers involved in claims of unlicensed use or sale of an IP owner’s content.
Financial institutions make use of specialized software in almost every aspect of their business. HR, payroll, financial exchange, and predictive financial analysis all employ their own kind of software. Claims may arise when an implementation project fails. Claims may also arise regarding the ownership of software intellectual property. DisputeSoft has represented financial software developers and implementers, as well as financial software intellectual property rights holders and challengers, in state and federal courts, as well as in administrative agencies, such as the Patent Trial and Appeal Board.
The manufacturing sector gave rise to the Enterprise Resource Planning (“ERP”) genre of software, designed to manage production, sale and distribution of manufactured items and among the most complicated and customizable software solutions available. Manufacturers also employ software for tasks such as inventory and warehouse management, order entry and managing relationships with customers and suppliers. Implementing such software can be costly and time-consuming, and disputes over failure, delay, or intellectual property rights can have a major impact on the companies involved. DisputeSoft has served as an independent expert for developers and implementers of ERP software as well as for the manufacturers who implement and use ERP systems. We have also represented manufacturers in theft of trade secret disputes.
Public Safety software systems have become much more common since 9/11, as local governments and emergency response teams look to improve the speed and efficiency of first responder services. The most widespread of these systems are 911 computer-aided dispatch systems, which are often paired with a Public Safety Records Management System that keeps digital records of emergency calls and responses and produces reports to federal, state and local agencies. The failure of such mission-critical software can have dire consequences, a fact that adds exigency to the task of the IT professional responsible for proper implementation of public safety systems. DisputeSoft has worked on matters involving both software project failure and software intellectual property in the Public Safety industry, and our experts have represented county governments, software developers, and system implementers.
Every day brings a new technological innovation – products and services with the potential to further enhance and/or simplify our lives. Such a rapidly growing industry as information technology is not free of disputes, as firms move aggressively to protect and grow their markets by outrunning their competition, enforcing their intellectual property rights, and servicing their customers. DisputeSoft has consulted on disputes involving a wide variety of IT specialties and products, and we provide services that range from patent and copyright infringement to trade secret misappropriation, licensing agreements, and outsourcing contracts. Our consultants and experts have assisted counsel representing IT firms with products used in E-commerce, real estate, test preparation, satellite radio, smartphones, anti-virus protection and disaster recovery, to name a few.