I have served as a technical expert in a large number of computer related legal matters since 1986. My clients consisted of individuals as well as small, medium and large companies, a hospital and government agencies. Approximately two-thirds of these have been plaintiffs and the remainder defendants. Most cases involved performance litigation and intellectual property litigation issues. However, there have also been matters involving collection, malpractice, employment, taxation, a motor vehicle accident, and a criminal matter. In performance litigation matters, I represented both vendors and vendees. Fifty-percent of all matters settled prior to trial, all under conditions favorable to my clients; thirty-percent of all matters required testimony. All non-pending matters resulted either in my client receiving payment or paying considerably less than originally anticipated. Most matters required generation of a technical report.

Relevant Matters (incomplete listing)

Performance Litigation

• Represented a software vendor that produces insurance industry software in dispute with an insurance company that sought to purchase Year 2000 compliant software. I testified at trial in Federal Court in Connecticut. Jury awarded large sum to my client and also awarded attorney and expert fees. This is the first Y2K-related litigation to ever be decided by a jury.
• Represented a manufacturer of swimming pools that purchased defective and incomplete software package where the software manufacturer refused to provide necessary support. Year 2000 compliance issues are involved in this dispute.
• Represented a large distribution warehouse that purchased defective and incomplete software.
• Represented a public accounting firm that sold software to a client claiming inadequacies in said software.
• Represented a medical office software manufacturer and hardware OEM in litigation with several foreign entities including a computer hardware manufacturer in a matter concerning non-performance and negligent manufacture of the computer hardware.
• Represented a software vendor in arbitration with a customer claiming that software delivered was inadequate. I was engaged by the vendor's insurance carrier.
• Represented a large financial organization litigating with a large computer company that developed electronic tax filing and refund anticipation loan software that did not perform adequately. Efforts resulted in a multi-million dollar settlement in favor of my client.
• Represented a small hardware and software vendor litigating with two customers. In both cases, customers claimed that software provided by vendor was inadequate. Both matters settled due to my efforts.
• Represented a large candy manufacturer in dispute with a large computer vendor.
• Represented a distributor of beauty salon products in dispute with a computer service bureau. Computer operations directly contributed to bankruptcy of distributor. Efforts resulted in settlement of dispute favorable to my client.
• Represented an automobile dealership in dispute with a major hardware/software vendor.
• Represented municipal agency in dispute with a computer service bureau.
• Represented a vendor in the business of computerizing medical practices in dispute with one of its clients.
• Represented a government agency litigating with a hardware/software vendor in Federal Court. Litigation consulting performed for the Office of the Attorney General of the State of New Jersey. Efforts resulted in settlement of the dispute favorable to my client.

 

Intellectual Property

• Represented a major software vendor believing that a former employee had engaged in software piracy and that a software product marketed by another vendor was the subject of said piracy. Based upon my investigation, a lawsuit was filed against both the vendor and said former employee. Upon submission of my certification, the adversary parties immediately agreed to a permanent injunction restricting them from engaging in further marketing and distribution of the software. A third party counterclaim regarding copyright infringement and other intellectual property issues settled.
• Represented another major software vendor in arbitration of a software intellectual property dispute. My client, which was the defendant accused of copying plaintiffs' software and of unfair marketing practices, prevailed on all issues that were the subject of my investigation and testimony.
• Represented a software vendor in dispute with a municipality who sought to secure source code for a computer system licensed to the municipality. Efforts resulted in a favorable outcome to the vendor at trial.
• Represented a software vendor in dispute with former employees alleging theft of copyright software and unfair competition. Efforts resulted in a settlement favorable to vendor.
• Represented a financial consulting firm alleging theft of software and other trade secret information by a service bureau. Efforts resulted in settlement of dispute favorable to client.

Other Matters

• Represented an employee of the State of New Jersey for seventeen years who was dismissed from his position because of alleged improper use of State computer facilities. My investigation revealed that his use was reasonable and proper. Matter settled immediately prior to trial. My client was permitted to resume employment with the State.
• Provided assistance to the State of Maryland Office of the Attorney General in enforcing sales, use and property taxation of software vendors. The State was involved in litigation with a major hardware/software manufacturer which claimed that its software was not taxable under the statute. Developed definitions and methodology to determine taxability issues. Due to my efforts, this matter settled in favor of the State of Maryland.
• Represented a motorist involved in a motor vehicle accident where the injured party owns a computer company and claimed business losses due to medical problems arising from the accident. I was engaged by the defendant's insurance company. Due to my testimony at trial, adverse party was not awarded any damages for economic losses.