Investigative, Analysis and Expert Witness Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investigative Services

We offer investigative services to identify technical failures in systems, make determinations if corporate trade secrets are being used by another company and for product failures that may require client expert witness litigation support.

Investigation for Technical Failures

Many times system failures can result our client being exposed to financial loss due to customer downtime. Speed is of the essence in finding and resolving the issue. We can help locate the problem by:

    • Identifying areas of code that can point you to the specific point of a code failure through proper identification and reporting of real time error events
    • Breaking down the areas of failure to determine if the fault is external or internal to the system
    • Create test scenarios that can help to reproduce the problem
    • Stay in communication with the client’s customer to ensure the user’s activities are understood and can be reproduced
    • Brainstorming temporary solutions if the failure is catastrophic

 

Investigation for Trade Secret Violations

(NOTE: Trade secret investigations done under the direction of the client’s legal department or legal representative.)

Companies invest substantial capital in their intellectual property. Many companies go the trade secret route rather than the patent route as they don’t want to expose their trade secrets to competing companies or countries that will attempt to patent unique uses of their designs thereby making the original patent useless.

The risks of going the trade secret route is that, although employees and vendors may sign a non-disclosure agreement (NDA), they can still expose the trade secret within a competitor’s environment either accidently or on purpose after changing jobs or dealing with multiple clients. As an example, a design engineer moving from one company to another comes up with a solution for a problem in their new company, not realizing that the idea was based upon work and an associated trade secret from their previous company.

We have experience investigating technology trade secret misuse and theft. We work to aid our clients in protecting their trade secrets by:

  • Strengthening their NDA agreement and practices
  • Setting up tracking of employees and vendors against trade secrets they have been exposed to and where they have moved after leaving the company
  • Checking suspect products in the market against corporate trade secrets
  • Aiding clients in ensuring that sales presentations, trade shows and interviews don’t:
    • Inadvertently expose trade secrets during demonstrations and discussions
    • Allow potential vendors to see trade secrets without signing an NDA
    • Allow prospective candidates for employment to see trade secrets unless they have signed an NDA and gone through a background check
    • Evaluating methods of protection, storage and access to trade secret information
    • Set up policies for trade secret protection including education for all persons with potential access to the trade secrets
    • Defining exit criteria and information for persons exiting employment with the company

Investigation for Litigation Support

(NOTE: Investigations for litigation support done under the direction of the client’s legal department)

We have experience providing investigation litigation support throughout the litigation cycle as an Expert Witness:

  • Discovery phase
    • Meeting with client’s legal department to learn boundaries of litigation, rules and standards to be used, statement of work and receipt of discovery materials
    • Evaluate all discovery communications and documents focusing on timelines, decisions made or implied, actions identified, parties involved and relationships of impacts
    • Work with client’s legal department on analysis and results
    • Create and review final report of findings for legal department
    • Create formal Curriculum Vitae (CV) and list of background experience to establish credibility
  • Deposition phase (with client’s legal team)
    • Identify the boundaries of what is in scope and out of scope for deposition questions
    • Evaluate all prior depositions
    • Exercise potential questions compared against findings
    • Perform deposition
  • Trial phase
    • Review final report and deposition
    • Evaluate all other depositions
    • Exercise potential questions compared against findings
    • Testify if courtroom
    • After action analysis and evaluation