We have been retained in over twenty different disputes and licensing matters involving software companies. Our work has included software development; sales and marketing; payment practices; partner relationships; licensing; and other issues for software provisioned on premises, SaaS, IaaS, and PaaS.
We draw on our expertise, particularly our extensive, on-the-ground experience in the software industry, including SaaS and e-commerce, along with independent, third-party sources and reliable and replicable methodologies in this work. This includes the Project Management Body of Knowledge and the IEEE Software Engineering Body of Knowledge; academic publications; practitioner publications; and other reliable and respected sources. Our work often includes analysis of source code, applications, and development artifacts.
Representative Expert Witness Engagements
- We were retained by counsel for the respondent, an Asian-based manufacturer, in a dispute involving industry customs and practices with audits and assumptions for calculating royalties.
- We were retained by counsel for the defendant, a former CEO of a software company, in a SEC matter involving customs and practices with sales, marketing, and implementation of the company’s PaaS, IaaS, and SaaS products.
- We were retained by counsel for the plaintiff in a dispute involving classifications of software products by a reseller in the determination and reporting of royalties.
- We were retained by counsel for the defendant in a matter regarding industry customs and practices related to ownership of software IP developed for a subsidiary company. We were retained by counsel for the plaintiff in a dispute involving the termination of a reseller of enterprise software.
- We were retained by counsel for the plaintiff, a publicly-traded company, in a dispute regarding the suitability and implementation of a software application used in the financial services industry.
- 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, one of the world’s largest telecommunications equipment companies, in a dispute related to the updating of firmware on mobile devices. Our analysis considered licensing and processes for global firmware updates, including the use of content delivery networks.
- 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 respondent in a dispute related to the development and implementation of a software application used in the real estate industry.
- We were retained by counsel for the plaintiff in a dispute related to the development and implementation of software used in medical practices.
- We were retained by counsel for the defendant in a dispute related to the development and testing of an e-commerce site for a large internet retailer.
- We were retained by counsel for the respondent in a dispute before the International Court of Arbitration regarding the development and testing of a mobile device application.