Allen Klein is responsible for software development, systems integration, and IT and business process outsourcing and managed services clients, where he assists litigators in applying industry standards to: (a) determine rights and obligations under development, integration, and outsourcing and managed services agreements; (b) assess their client’s performance and that of their counterparty; and (c) identify the root cause of functional shortfalls, technical issues, and service delivery failures. In the case of a workout of a troubled transaction, Allen also assists counsel to determine and describe the work to be done to successfully complete the project.
Allen’s work as an attorney well qualifies him for his consulting role at DisputeSoft. Allen has more than 20 years of hands-on experience negotiating more than one hundred agreements for the provision of software development, software implementation and integration, IT and business process outsourcing, SaaS, cloud, and managed services, and assisting clients with the initial stages of disputes regarding such agreements. During his career as an attorney, Allen typically worked with his clients (and where applicable, their consultants) to: (a) identify the key functions, tasks, and steps that the parties were required to perform as part of the services; and (b) describe in the contract documents at a detailed level the industry standard means and methodologies that the parties were to use to perform the services.
Allen’s prior experience provided him a deep and broad understanding of relevant industry standards, including for: (a) project planning and management; (b) implementation planning and management; (c) implementation methodologies and steps; (d) testing regimes during configuration and/or development; (e) data conversion and migration; (f) acceptance testing; and (g) change management; among other things. With respect to outsourcing and managed services transactions, Allen has experience with industry standards for transitioning services (in and out), for performance of continuing services including service level agreements, for change management, and the like.
As a consultant, Allen has assisted counsel for state governments (Medicaid Management Information System and Unemployment Compensation System implementation failures), a financial services company (cloud-based Investment Management System implementation failure), and an educational software and content company (CRM and Workforce Optimization System implementation failure). As part of his legal practice, Allen assisted another state government with the procurement of implementation services for a Medicaid Eligibility and Enrollment System.
Allen has authored or co-authored papers and articles regarding software implementation and integration methodologies, service level agreements (SLAs) for outsourcing and managed services, and the allocation of responsibility for the costs of change (e.g., change in technology) under outsourcing and managed service agreements, and recently prepared an expert report on the nature and scope of a “virtual business” on behalf of counsel for a major wine club in a dispute with a state liquor authority.
Nature of Suit: Project Recovery matter regarding an investment management system
Role: Consulting expert
- Allen investigated and identified the underlying issues and causes of failure and supported counsel with its renegotiation of the transaction through a determination of the parties’ relative contributions to the failure
- Allen assisted counsel and its clients to draft a detailed description of the work to be done to successfully complete the project, working with the company to develop an over 600-item project plan for the completion of the project with each parties’ tasks clearly delineated
AREAS OF PRACTICE