DisputeSoft was engaged as a testifying expert in March 2019 by RiverPay Inc. in the matter of Citcon USA, LLC v. RiverPay, Inc. et al. in the U.S. District Court for the Northern District of California, San Jose.

In its suit, Citcon, a payment processing company, alleged that former employees misappropriated confidential source code and technical information and used this information to start a competing company.

After leaving Citcon in June 2017, York solicited former Citcon Vice President of Engineering, Kenny Shi, to join RiverPay in December 2017. Before his departure, Shi allegedly created a Dropbox account used to automatically download trade secrets from Citcon’s MySQL database, and he used the account to provide Hua and RiverPay with access to confidential transaction data; customer information; and business development, marketing, and sales plans.

Our Services

As software experts, DisputeSoft:

Conducted in-depth analyses and comparisons of the parties’ source code, including side-by-side comparisons, architectural analysis, and reviews for publicly available and third-party source code.

Reviewed various revisions of the source code stored in the parties’ git and Subversion repositories, and forensically analyzed metadata associated with those revisions.

DisputeSoft Senior Manager & Forensic Examiner Nick Ferrara prepared two declarations, an expert report, a rebuttal report, and a supplemental rebuttal report on behalf of RiverPay. Nick also testified to his findings at trial, including his identifications of third party and open source code in the parties’ source, dissimilarities between the parties’ system architectures, and relevant facts regarding the metadata stored in the parties’ repositories.