WSRcg’s “computer experts” have consulted in numerous aspects of the computer field over the past thirty years or more. They have acted in roles from software programmers and testers, to system analysts and designers; from business team leaders and technical architecture leads, to SDLC developers and project managers; from software maintenance heads and IT department directors to CIO’s and International consulting firm partners. They have implemented new systems of all kinds at all levels of their companies, clients or customers. Some have developed new methodologies that have been embraced at international IT conferences and major international IT Law conferences, and have become part of law school and university coursework and have published numerous articles in peer reviewed journals.
Several of WSRcg’s computer experts have been accepted and/or have testified as computer and software failure expert witnesses in the U.S. and abroad. Accordingly, they also bring an extra sense of awareness, skill, knowledge and experience to client problems requiring top-notch computer consulting experts.
Also, when and as necessary, WSRcg will engage associate consulting experts and firms that we work with to supply special hardware, and scientific and engineering expertise.
As “computer failure expert witnesses” we have consulted on legal matters, and provided expert witness reports and/or testimony at trial, arbitration, mediation and special hearings regarding computer system transactions and contracts, and failed computer systems: i.e., (1) hardware, peripherals, and components, and (2) projects including the integration and implementation of all computer system components.
In such litigation matters, we typically look at “computer system components” as much more than just software. These systems oftentimes include hardware, software, IP rights, people, policies and procedures. The table below outlines some of the computer components and issues areas where WSRcg has special expertise and/or for which WSRcg Computer Expert (Failure) Witnesses have been asked to testify or have actually given testimony in U.S. courts (Superior Court, Federal Court, and the Court of Federal Claims), in arbitration, and in Asian and European venues.
The claims in computer and computer failure matters required WSRcg Experts to opine on, among other things, the following:
|Breach of Contract, clarifying the intended industry meaning of ambiguous IT contracts||Breach of good faith and fair dealing||Bad faith, Unfair dealing|
|Class Action lawsuits||Fraud, fraud in the inducement, gross mismanagement||Negligence and gross negligence|
|Breach of express & implied warranties||Compliance with industry standards and government regulations||Industry meaning of “best efforts” & “workmanlike quality”|
|Breach of fiduciary duty||Lanham Act matters||Bankruptcy|
|Negligent misrepresentation||Software and technology IP theft, infringement and misappropriation||RICO issues|
Because computer litigation covers more than software/software project issues alone, it oftentimes requires more IT engineering, technical and IT industry expertise than software litigation.
Below is a sampling of just a few recent major reported computer system failures caused by software bugs. Many more could be added:
A great article which includes many examples of computer and systems failure from the last several years was written by Robert Charette, “Monuments to Failure”, here: