Brooks Hilliard has been a consulting and/or testifying expert in more than 50 cases involving computer systems alleged not to have performed as promised (engaged by counsel for both users and vendors). These assignments have involved some of the industry's largest software developers.
Issues have covered software and/or system performance, reliability and functionality, including matters involving installation, implementation, customization and development services provided by software firms and independent contractors. Representative engagements include:
Testified for a wholesale distributor that was sold a manufacturing ERP system that did not perform crucial distribution functions such as inventory management (favorable jury verdict).
Testified for a food products manufacturer regarding an ERP software implemetation that was incompetently managed and executed, and critical information was knowledgeably withheld; resulting in a failed implementation and excessive costs being billed (settled favorably after deposition).
Testified for a maintenance management software developer relating to a service management system that passed all buyer-specified acceptance tests but the buyer refused payment (settled favorably after deposition).
Testified for a hospital administration software developer alleged to have delivered defective record-keeping software (settled favorably after deposition).
Testified for a medical products manufacturer relating to an unusable ERP software package that had been defectively ported from one computer operating system to another (favorable arbitration decision).
Testified for a benefits administrator relating to an outsourced software conversion project the administration firm halted prior to completion. The software firm claimed the project would be completed in time to meet a government deadline, but the benefits administrator was unwilling to risk the consequences of missing the deadline (settled favorably after deposition).
Testified for a network implementation contractor sued by a subcontractor in bankruptcy seeking payment for an inadequately performed nationwide network implementation (settled after deposition).
Testified for a state government agency relating to excessive implementation and support costs billed by a contractor for a defective custom-developed system (favorable arbitration decision).
Produced an expert report for a medical claims administrator relating to CRM software package that "crashed" several times a day (settled prior to testimony).
Produced a rebuttal report for an insurance agency software developer alleged to have delivered inadequate software. The software firm had warned the agency of the the software limitations but the agency brought suit anyway when the software firm wanted additional fees to make modifations needed to perform additional functions (opposing expert was withdrawn).
Testified for the estate of a worker who died as a result of an improperly programmed industrial machine (settled favorably after deposition).
Produced expert reports and testified in several matters (on both sides) relating to problems allegedly caused by (a) conversion of ERP software from one operating system to another, and (b) development of web-based functionality.
Most of these projects involve allegations of negligence, misrepresentation, fraud, inadequate testing, flawed development, implementation services below minimum industry standards, ineffective or nonexistent software quality control (including failure to adhere to ISO 9000/9001 certified procedures and/or the Software Engineering Institute's CMM/CMMI processes) and/or functionality, service/support, reliability or performance below minimum industry standards.
Actions have included review of actions by software developer, implementation partner and software licensee; review of electronic discovery; production of opinion letters and affidavits; assistance in case strategy; preparation of interrogatories and deposition questions; deposition testimony, trial testimony and assistance in settlement negotiations.
Attorney references and case captions are available on request.
