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SMR, Inc. Computer Technology Litigation and Arbitration Assignments

Representative Assignments- Litigation and Arbitration Support

Confidential Information Litigation

Situation

Our client was a computer software and services company. An employee of our client, who had worked for a major competitor, allegedly had taken confidential and proprietary information with him and shared it with the management of our client company. The competitor filed suit claiming that this information, including computer code, had been incorporated into our client's software. Under a court order we were asked to inspect the products of both sides and render an opinion on the charges. The competitor also retained a consultant to do the same. The hope was that the information obtained, when shared with counsel from both sides, would enable the dispute to be settled out of court.

Actions Taken

Our consultant, who had both a strong programming background and 8 years of management experience with similar companies, inspected both the computer code and the functions of the products. He then prepared a comprehensive report which included a "side by side" functional comparison of the software. An important feature of this report was that it was written in layman's terms. It was designed to be a litigation exhibit to be studied by a jury, if necessary. After submission of the report a meeting was held to allow our consultant and the competitor's consultant to present to both sides and question each other.

Results Obtained

Our report and presentation seriously weakened the competitor's position and discredited their consultant. The report became our client's "smart bomb" to use on a jury, if necessary. Legal maneuvering continued for several more weeks, but the facts were no longer an issue. The competitor eventually withdrew the lawsuit. The lead attorney for the other side later approached SMR for assistance on future unrelated cases.

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