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SMR, Inc. Computer Technology Litigation and Arbitration Assignments

Representative Assignments- Litigation and Arbitration Support

Product Liability Arbitration

Situation

Our client was a major hardware, operating system, and application software vendor. A customer filed a demand for arbitration alleging serious but unspecified defects in the operating system and fraud. We were retained to research the charges and assist in the arbitration.

Actions Taken

Our consultants researched the operating system, interviewed potential witnesses, analyzed the opposition's case, and inspected computer code obtained from the opposition during discovery. We advised our client's legal team on technical case strategy, testimony, and cross examinations. We participated in depositions advising clients counsel, and observed the arbitration hearing as it progressed.

Results Obtained

We correctly predicted the parts of the operating system that the opposition would claim flawed, and assisted the client in asserting (correctly) that these were documented features, not flaws. Our inspection of the opposition's software identified flaws introduced by the opposition's programming staff, that accounted for the problems encountered. The case went to hearing. During the hearing, a mutually satisfactory resolution was found, and the demand for arbitration was withdrawn.

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