When we become a party to a lawsuit or a demand for arbitration, it is natural to hope that our side will "win" because justice will prevail. Or we may hope that the problem will somehow resolve itself in our favor. While there is nothing wrong with these very human reactions to a legal conflict, in computer technology matters, hope and equity should not be relied on to control the outcome. There is no substitute for good preparation. That is where our litigation and arbitration support services can make a crucial difference.
There is also no substitute for good legal representation in these matters. SMR augments the legal preparation of your counsel with objective technical research and advice. The following sections describe the nature of the support we provide.
Technical Evaluations
Whether our client is a defendant or a plaintiff, it must know as soon as possible the strengths and weaknesses of its position. The legal aspects of this we leave to your legal counsel. The technical aspects of the case are best left to us. We work with you and your legal advisors to answer questions such as:
Are the disputed products similar enough to constitute copyright or trade secret infringement?
Are the actions of those involved consistent with generally accepted standards in their industry?
Is the product or service under dispute truly defective, or are there extenuating circumstances that could significantly change the complexion of the case?
Is there anything in our client's actions that is potentially troublesome in the presentation of the case? If so, what can be done?
What are the technical strengths and weaknesses of the other side's position? What will most likely be its technical case?
The usual work products from a technical evaluation are briefings to counsel/client, assessments of strengths and weaknesses (verbal or written), and a recommended technical strategy to merge with your legal strategy.
Case Research
Once the technical and legal evaluations are complete, there is usually some legwork to be done. In cooperation with your team we can interview potential witnesses, dig through the historical record of the dispute for potential exhibits, and perform very careful quantitative analyses of the available facts in the case. Assuming the facts support the case technical strategy, we then can merge these pieces together to assist your legal counsel in the preparation of the case.
Case Preparation
As your case progresses we can assist your team with the critical elements of effective case preparation:
Review and submission of discovery items.
Preparation for depositions and analysis of deposition products.
Technical sections of pre and post hearing briefs.
Presentation aids to be used in the hearings.
Trial exhibits.
Testimony outlines and cross examination questions.
Witness preparation.
Hearing or Trial Support
If the arbitration or litigation goes to hearing we supply a variety of services to assist in your case:
As expert witnesses our consultants are nationally recognized and certified experts in their respective fields, and are excellent communicators. They deport themselves very professionally during testimony.
Our hearing analysts suggest cross examination questions, and tactical advice as the other party's case unfolds.
Lessons Learned Analysis
In many cases this is the most valuable contribution we can make to your organization. Since first and foremost we are IS organizational consultants, we can provide a set of recommendations to ensure that the situations that preceded the litigation/arbitration do not recur. We do this in a way that improves the effectiveness of your operations, rather than constrains your people's effectiveness. These analyses can be presented verbally or in writing.
OK, What is your track record in previous assignments?
As you might imagine, disclosing the details of past assignments on a medium as public as a web page is a sensitive matter. We have had to conceal the identities of the parties involved, and have received their permission to disclose what you find on our "Litigation and Arbitration Assignments" page. References are available after direct discussions have established a mutual interest.
