Contract Disputes – Customs and Practices in the Industry

We are often asked to provide context by reviewing actions by the parties in regards to “customs and practices,” “standard of care,” “commercial reasonableness,” and other management issues, for example, distribution/sales channels decisions, project management, valuation, and trade practices.

In setting context and providing perspective we often use recognized industry standards, including the Project Management Body of Knowledge and the IEEE Software Engineering Body of Knowledge; academic publications; practitioner publications; and other reliable and respected sources.

Representative Engagements

  • We were retained by counsel for the defendant in a dispute regarding management practices, specifically, marketing/sales and compensation, by an Asian-based, technology company. Our analysis included consideration of industry customs and practices to set context and provide information for the trier of fact.
  • We were retained by counsel for the respondent in a dispute related to Bitcoin, technologies used in the cryptocurrency market, and general business practices in the cryptocurrency market.
  • We were retained by counsel for the defendant in a licensing-related dispute. Our analysis included consideration of industry customs and practices to set context and provide information for the trier of fact.
  • We were retained by counsel for the defendant, one of the world’s largest computer software companies, in a licensing-related dispute. Our analysis included consideration of industry customs and practices to set context and provide information for the trier of fact.
  • We were retained by counsel for the defendant, one of the world’s largest telecommunications equipment companies, in a patent and contract dispute related to the distribution and marketing of mobile devices. Our work included analysis of the ecosystem for mobile applications and broader distribution issues, including sales and marketing.
  • We were retained by counsel for the plaintiff in a dispute regarding the license sale and implementation of a software product in the financial services industry. Our analysis included consideration of industry customs and practices for context to assist the trier of fact.
  • We were retained by counsel for the plaintiff, a publicly-traded, e-commerce company, in regards to confidential and proprietary information misappropriated by the defendant, a publicly-traded company that was previously in a partnership with the plaintiff.
    • Our work analyzed the measures the plaintiff took to protect its confidential and proprietary information (including some confidential and proprietary information to be considered as trade secrets by the trier of fact) to determine if such measures were reasonable; whether the defendant followed customs and practices in its relationship with the plaintiff, including accessing and using the plaintiff’s confidential and proprietary information; and the technical benefits the defendant misappropriated. We also assisted the damages experts in their analysis.

  • We were retained by counsel for the defendant, a leading provider of software and related services to the hospitality industry, in a dispute related to marketing and sales as well as general management of an acquired software company. We analyzed customs and practices in the industry to set context and provide information for the trier of fact.
  • We were retained by a large hospital chain located in the Mountain States to assist in the evaluation of a software license agreement and the related implementation services agreement.

  • We were retained by counsel for the plaintiff, an investor and company founder of a software and e-commerce company focused on financial trading services and exchanges, in a contract dispute.

  • We were retained by counsel for the plaintiff, a Latin American-based distributor of enterprise software, regarding industry customs and practices in software marketing and distribution.

  • We were retained in a bankruptcy matter of a major retailer to analyze software development processes, licenses, and other issues.

  • We were retained by counsel for one of the nation’s largest university systems in a matter related to open source software.