Frequently Asked Questions
What does a software expert witness do?
A software expert witness analyzes the technical and industry questions in litigation and arbitration — such as how software was developed, licensed, sold, or implemented — and explains them clearly to courts, arbitrators, and juries. Software Analysis Group's founder, Dr. Steven R. Kursh, provides expert testimony and consulting on software disputes, licensing, trade secrets, and patents.
What are “reasonable measures” to protect trade secrets?
“Reasonable measures” are the steps a company takes to keep information secret so that it qualifies for trade-secret protection under the Defend Trade Secrets Act (DTSA) and State Trade Secret Acts — for example, access controls, confidentiality agreements, and security practices. Software Analysis Group evaluates whether the measures used were reasonable given the circumstances.
What are industry customs and practices in the software industry, and why do they matter in litigation?
Industry customs and practices are the established, common ways enterprise software companies develop, license, sell, and support their products. They often set context against which a party's conduct is assessed. Software Analysis Group draws on first-hand industry experience and independent, replicable sources — such as the IEEE Software Engineering Body of Knowledge and multiple independent and reliable third-party sources.
Has Steven Kursh testified at trial?
Yes. Dr. Kursh has been deposed more than fifty times, testified before arbitration panels more than ten times, and testified in court in more than twenty trials.
Does Steven Kursh work with other consultants?
Yes. Depending on the scope of the engagement, the timing, and counsel's request, Dr. Kursh works with other consultants and experts.
What types of matters does Software Analysis Group handle?
Software Analysis Group provides expert witness and consulting services in four areas: industry customs and practices; software disputes and licensing; reasonable measures to protect trade secrets; and software patents. We also provide management consulting services in these areas to companies.
What is “End of Availability” (EOA) in enterprise software licensing?
End of Availability (EOA) — sometimes called End of Life or End of Support — is a vendor policy that limits how long a perpetually-licensed software version remains available for purchase, maintenance, and updates. EOA, together with the shift to SaaS and to software sold in subscription suites, is reshaping enterprise software licensing; Software Analysis Group analyzes these practices in licensing disputes.
How do I engage Software Analysis Group for management consulting or as an expert?
Contact Software Analysis Group through the contact page or call (617) 299-9008 to discuss your matter. Engagements typically begin with a conflicts check and a discussion of the issues, timeline, and scope.