• Analyzed history of incident, examined pleadings, records and depositions relating to an industrial accident on a computer-controlled dredge.
• Insured was a control systems/software developer contracted by dredge operator who is a co-defendant in suit to compensate for injuries suffered by worker.

• Retrieved communications and transaction records from computers used by a terminated employee suspected of improper financial activities who is suing for wrongful termination.
• Evidentiary copies were made of the computers involved and records of the suspect transactions were reconstructed from files over two years old.

• Analyzed project records and actual software at issue in a dispute claiming derivative reuse of subject software.
• Satisfactory settlement was reached after preliminary opinion which established that plaintiff’s claims of derivation were not supported and effective value of plaintiff’s software was negligible in any case.

• Organized a team of computer specialists to defend a medium size Turkish bank against a breach-of-contract suit involving an unsuccessful banking software system provided by an American supplier.
• Researched history of supplier, analyzed extensive project documents and advised Turkish legal team on successful strategy in an ICC Arbitration hearing in Atlanta, Georgia before a Swedish judge.
• Testimony and opinion clearly established that critical elements of the banking software were never delivered and other services provided failed to meet contractual commitments and standard-of-care, contradicting the assertions that the supplier had fully performed and were due the amounts billed.

• Prepared analytical documents which organized extensive project records from several contractors involved in a failed nation-wide network project involving ATM terminals in retail outlets.
• Analysis showed that the project was canceled because the plaintiff did not perform to an implied standard-of-care and did not meet critical, time-sensitive commitments. The case settled after the first day of hearing.

• Analyzed failed network file server with corrupted business data for a client who experienced major loss and business interruption. Insurer disputed the nature of the failure leading to the business loss and has rejected most of the claim amount.
• Computer contents were significantly compromised since the occurrence of the failure and much of the reconstruction of the failure required analysis of extensive records and deposition transcripts. 

• Analyzed health care provider’s data base for records of employee claims payments that were allegedly processed improperly resulting in significant overpayments by employer client.

• Assisted in four cases to date. JLS specializes in Human Resources and Employment law.
• Acquired evidentiary copies of several computers involved in a wrongful termination lawsuit. After analysis, unexpected software was identified on the plaintiff’s computer which could be significant to the litigation.
• Acquired evidentiary copies of several computers to identify source of critical memo involved in a wrongful termination lawsuit. Following a detailed analysis of another computer not originally involved but suggested by us, the critical document was obtained in fragmentary form.
• Established evidentiary baseline for contents of several computers containing sensitive pharmaceutical records. Assisted in assuring complete removal of sensitive data before returning computers to opposing party.
• Recovered and analyzed erased data on computer used by terminated employee, suing for wrongful termination. Recovered data supporting stated reasons for termination was prepared for the court. Suit favorably settled for client on the 1st day of trial.
• Established evidentiary baseline for contents of two computers containing documents related to a discrimination and harassment lawsuit. Conducted a search for evidence of any documents or related activity on the computer which was relevant to the allegations. Evidence of improper activity was retrieved and a report prepared which formed a basis for the plaintiff’s examination.

Jonathan Weiss, Esq.

• Pursuant to a court order, prepared evidentiary copies of contents of all the computers in an office involved in a lawsuit. Contents were examined based upon established criteria and results were submitted to the court for disposition.

Cristensen, Miller, Fink, Jacobs, Glaser, Weil, & Shapiro, LLP

• Analyzed content of desktop computers used by four departing employees in investment banking firm to determine whether valuable client data was taken
• Reviewed file server backup tapes and various pleadings and discovery documents to determine accuracy of sworn declarations from departed employees. Suit was favorably settled.

Steven Rios, Esq.

• Analyzed contents of a computer seized by law enforcement officers to determine circumstances surrounding receipt over internet of allegedly illegal computer files
• Prepared pleading and testimony at evidentiary hearing, which obtained expert access for defendant client to seized computer contents
• Using a validated software analysis tool, the computer contents corroborated the client’s claim that the receipt of the material was not intentional. This was shown by means of a complete Internet History Report establishing these facts in a form understandable to the court. The charge was reduced to a minor infraction as part of a plea bargain.

Sklar, Warren, Conway & Williams

• In support of an arbitration concerning a breach of contract over computer software development costs and quality for a Business-to-Business Web-based procurement services company, analyzed discovery and project records as well as interviews with project staff. An analysis was prepared which showed that the level of defects and the costs for the subcontracted software substantially exceeded industry norms as shown by widely accepted cost and quality models. Suit was settled favorably just prior to the arbitration hearing.

Briedenbach, Buckley, Huchting, Halm & Hamblet

• Analyzed project/financial records and transcripts to determine realistic business value of software in eight - figure insurance claim for intellectual property allegedly lost when group of employees left plaintiff’s employ
• Case settled favorably after deposition testimony establishing claimed business value was negligible, based on the plaintiff’s own records, supporting testimony and records of market opportunity windows for this type of product

Heller Ehrman Attorneys

• Analyzed project records and deposition transcripts for defendant client, major vendor of enterprise management software, in dispute centered on difficulty of installing and implementing client’s software on plaintiff’s nationwide distributed computer system.
• Provided simplified analysis of technology issues in laymen’s terms, establishing basis for deposition opinions.
• Suit settled just prior to trial on terms satisfactory to client

Stapke & Harris, LLP

• Examined computer data and related business records to determine adequacy of warranty payments for defendant client, major nationwide manufacturer of flooring products. Case involved method of using records in data base recording amounts and circumstances of warranty payments -- critical issues in certification of the case as a class
• Analyzed data and interviewed client operations staff, finding that conclusions used by plaintiff to justify the class action were unsupportable

Lawrence & Associates & Robert Gentino, Esq.

• Two cases have been completed for this law firm.
• Analyzed discovery documents and visited the computer installation site in connection with a breach-of-contract case involving employee medical claims reimbursements. Client claimed that the computation of the reimbursement amounts caused his medical benefits costs to be far larger than the contract provided. Suit was favorably settled.
• Recovered, analyzed and testified about proprietary computer data erased from laptop computer used by departing executive to establish a competing business while still employed. Erased documents were found which established that the client’s claims were factual. Case was decided by court in favor of client with a substantial judgment.

Higgs, Fletcher & Mack

• Two cases have been completed for this law firm’s office in San Diego.
• Analyzed discovery material, transcripts and computer systems in support of litigation of failed joint venture involving computer systems installed at hundreds of remote locations with defendant/cross-complainant client being major nationwide chain of franchised operators. Case was settled favorably after the following:
  
  
  • Examined the reliability of computer systems and contractual responsibilities of respective parties for technical performance of systems
  • Analyzed underlying causes for poor reliability and demonstrated means to correct problems, which provided important factual material in litigation of dispute
  • Analyzed project records, establishing that supplier’s representations were inconsistent with actual state of computer system at issue

• In connection with a lawsuit against a public school system for improper use of an automated notification system for temporary assignments, analyzed discovery material and examined the operation of the system onsite. Based on this, prepared an opinion used in support of a Motion for Summary Judgment which found that the system did not operate as claimed by the plaintiff.

Kramer & Kaslow

• Two lawsuits have been completed for this firm. Both were favorably settled.
• Analyzed documents and computer software to form opinion about misuse of proprietary software in intellectual property dispute. Gave deposition and supported deposition of opposing expert.
• In suit for breach of contract for software development, analyzed records and prepared questions for depositions leading to advantageous settlement for client, a third party damaged by breach.

Baker & McKenzie

• Two lawsuits have been completed for this firm. Both were favorably settled.
• Verified complete removal of proprietary documents from firm’s computers at two locations in support of dispute involving improper use of those documents.
• Analyzed technology issues, coordinated technology experts and testified in arbitration in dispute involving breach of international development/purchase agreement for educational software device.

Fox, Johns, Lazar, Pekin, Treadgold & Wexler

• Analyzed discovery material and transcripts in support of litigation involving breached computer systems development contract, intended to provide extensive processing for institutional securities trading company. Analysis showed that contracting party imposed unrealistic, constantly changing, performance and schedule demands on supplier client.
• Suit favorably settled for client

Troy & Gould

• Prepared evidentiary copies of several computer disks for detailed examination of data to support analysis of expert opinions submitted in trade secrets dispute
• Gave deposition and prepared questions for opposing expert in preparation for trial. Based on discovery, opposing expert opinion was discredited and all technical issues were judged in client’s favor.

Garrett Zelen, Esq.

• Prepared evidentiary copy of computer disk for detailed examination of data and analyzed means used to produce documents at issue in defense of criminal prosecution
• Testified concerning results of investigation and analysis of opposing expert’s opinion

Charles Sutton, Esq.

• In suit for recovery of software system to manage legal records supporting lawsuits, successfully defended theory of implied contract with opposing law firm for individual client.
• Analysis of records of licensed software products contained in the system at issue established that client had developed the software system prior to his employment.

Murchison & Cumming

• Analyzed records of development history leading to breach of contract on large-scale control, data acquisition system for region-wide water distribution district
• Determined underlying factors causing failure of contract, resulting in satisfactory settlement for software developer client

Miscellaneous

• Analyzed project records, pleadings, transcripts and computer systems to determine the reasonable value of services for client suffering a breach of contract involving uncompensated services and apparently improper use of intellectual property. Analysis established a basis for an opinion that client had provided extensive business process re-engineering to support the automation as well as the actual cost of developing the software products involved in the breached contract.
• As part of a wrongful death lawsuit, analyzed personal & business records and computer storage media to establish current business value and earning potential of computer entrepreneur, killed in dispute with local sheriffs. Produced analysis of past professional income stream and expected future earnings for a computer professional with the deceased’s skills and experience
• Analyzed documents and researched software specifications to form opinion concerning wrongful termination dispute concerning Computer-Aided-Drawing technician. Analysis showed that the alleged negligent behavior was actually caused by improper sizing and setup of the computer hardware provided to the employee.
• Analyzed documents and computer software submitted as computer science class assignments in an academic dishonesty hearing at U. C. campus. Determined that teacher improperly used a comparison program in determining whether the material was copied. Appeared at hearing, arranged for additional supporting experts and coordinated preparation of formal opinions. Academic officials vacated the charges.
• Analyzed significance of contents of computer disk entered into evidence for appeal of federal criminal fraud case. Determined that some material modification of data and computer operating conditions had occurred and that conclusions reached may have been compromised.
• Analyzed discovery data in suit for damages relating to industrial printing control system. Identified erroneous records created by client subcontractor. This was basis to convince client to terminate suit and save further expense.
• Analyzed discovery data in defense of software agreement to distribute auto-repair information systems