DisputeSoft provides litigation consulting and expert witness services in areas related to software failure, software trade secret misappropriation, copyright and patent infringement, electronic discovery and computer forensics. We assist litigators in understanding and resolving the challenging issues that arise in these information technology-related disputes. Our work product typically includes expert reports, affidavits and declarations in support of discovery motions, assistance with drafting production requests, and expert reports and testimony.
Read more about our areas of expertise:
- Software Project Failure – Whether the system failure dispute arises from alleged fraud, misrepresentation, negligence, or breach of contract or warranty, we provide the consulting services necessary to support or refute technical facts at issue in the case, and to arrive at the ultimate causes of a project’s demise. We have worked on more than 100 cases on behalf of both software vendors and their customers to provide detailed analyses of failed software projects and systems.
- Copyright Infringement – Our services dramatically reduce the cost and burden of conducting a copyright infringement analysis, and our wide-ranging expertise allows us to assist counsel through each step of the litigation process.
- Trade Secret Misappropriation – In the digital age, trade secret misappropriation is all too common – a former employee or contractor can easily walk away with a removable flash drive full of trade secrets. Customer lists, design documents, schematics, actual source code files, and knowledge accumulated over years of experience can all be taken with relative ease. Our versatile team of experts possesses the skills and experience to provide a variety of services in matters involving trade secret misappropriation.
- Cybercrime – Trademark Infringement – Our experts are intimately familiar with cybercriminal tactics, and can provide counsel with the information needed to apprehend them for violations of federal criminal law or sue them in civil court.
- Software Patent Disputes – We regularly perform code review and analyze patent claims, specifications and file histories, the accused software and prior art to produce claim charts relating to the prior art, proposed claim constructions, validity/invalidity and infringement/non-infringement. We also produce expert reports and testify in software patent cases.
- Electronic Discovery – We assist counsel in devising and executing cost-effective strategies for recovering needed electronically stored information (ESI). Our proprietary e-Sift™ tools can vastly reduce the volume of discoverable material that must undergo litigation support processing and attorney review.
- Computer Forensics – Our team of certified forensic examiners is highly adept at recovering deleted and lost files – we can retrieve even the most difficult-to-find digital evidence in accordance with applicable standards needed for admissibility.
- Video Forensics – Our video forensics experts can examine a video file to determine whether footage has been edited or removed. DisputeSoft can also determine whether glitches in a video were added for the purpose of concealing something.
- Surety Investigations – We assist sureties by investigating potential or actual disputes involving software subject to a commercial surety bond, allowing sureties to fix exposure, limit liabilities, maximize recovery, and reduce final costs.
- International Services – Our experts have provided services to counsel and litigants across the world, in venues ranging from Canada to Germany to Singapore. We have experience working in international courts, including the International Trade Commission, the International Court of Arbitration, and the American Arbitration Association.
- Pre-Litigation Services – Before litigating, a client may wish to conduct an investigation that assesses the technical merits of its claims, and whether the merits are outweighed by other factors. DisputeSoft’s experts have the technical skill to assess the merits of a claim before a client engages in potentially lengthy and costly litigation.
- Damages – While DisputeSoft does not render opinions on damages, our experts provide several services in coordination with a damages expert. DisputeSoft’s experts have the skills to determine the cost to complete or replace a project, the percent of a project that was complete at termination, and the extent of unauthorized use of a license, among others.
- Medical Malpractice – The modern medical practice relies heavily on technology for its smooth operation: health records are stored digitally, cutting-edge medical equipment produces electronic images, and medical staff record every appointment for months to come on a computerized calendar. The deep integration of technology with medicine means that electronic evidence can often serve as the smoking gun that supports or refutes claims of medical malpractice.
- Outsourcing and Managed Services – Our managed services experts know the technical issues that are likely to arise in a dispute and evaluate the success or failure of service delivery based on industry standards. We help counsel renegotiate contracts to better include the technical aspects of service delivery and the corrections needed going forward to turn a failing relationship into a successful one.