Josh Siegel has substantial experience analyzing root causes of IT project failure; source code to support copyright, patent, and trade secret claims; hardware and networking; and digital forensics related to software and information technology.
Josh has more than fifteen years of experience in systems administration and IT resource management, and is responsible for overall systems administration at DisputeSoft. In addition to his IT management responsibilities, Josh performs functional testing; analyzes software requirements, design, development, testing, defects, software quality, and project schedules; examines source code for evidence of copying in intellectual property disputes; acquires and analyzes data and metadata in digital forensics; and finally integrates that data into written reports and testimony.
As a Senior Manager & Forensic Examiner at DisputeSoft, Josh has forensically acquired, rebuilt, and tested numerous system and environments. He has been a technical consultant involved in copyright, patent, and trade secret claims regarding software, often performing source code comparisons to find evidence of literal and non-literal copying of software and related databases. He has been retained as a consulting and testifying expert on forensic and intellectual property matters and has written affidavits to support client motions. The results of one code comparison analysis directly led to settlement when no evidence of copying was found. In another matter, a code comparison revealed the presence of open-source code; this discovery led the client to not pursue litigation. Josh has also drafted expert reports and aided in formulating expert witness opinions for failed software and hardware implementation cases. He has analyzed defect, ticketing, and bug-tracking systems, and then performed root cause analyses related to system outages pursuant to SLA, MSA, and warranty requirements.
In intellectual property disputes, Josh has performed the abstraction-filtration-comparison (AFC) test, as well as analyzed various code sets for evidence of copying to support infringement or misappropriation claims. He has analyzed digital forensic evidence, including searches for evidence of inappropriate copying of confidential information, and evidence of deletion of said information.
Josh has also managed large and complex data analysis efforts, including developing a wide-ranging source code analysis strategy to ensure each analysis employed had basis in applicable industry standards and/or basis in usage during the engagement. His data analytics experience includes static code analyses of code quality for complexity, reliability, flexibility and maintainability; defect analyses related to defect potentials, defect removal efficiency, and defect density; and test data analyses including analysis of unit test script quality and rate of test execution compared against rate of test exits to estimate a reasonable project completion date.
Josh has been an EnCase Certified Examiner for computer forensics since October 2012, and has worked on a number of digital forensics matters. He is well practiced at acquiring, preserving, analyzing and searching computer systems, servers, and increasingly cell phones and tablets. He understands the complexity and of acquiring modern mobile devices and server RAID arrays through experience, as well as the difficulty and potential pitfalls surrounding Apple devices. His work and expertise in email and digital forensics helped keep a bright, young student out of the school-to-prison pipeline. His main areas of expertise at DisputeSoft are intellectual property, software and hardware failure, data analytics, and digital forensics.
As a Systems Administrator at DisputeSoft, Josh has built and administered a domain from the ground up, including Active Directory, Group policy, VPN, telephony, wired and wireless networking, Disaster Recovery and backup strategy, antivirus and SharePoint solutions. He manages updates, backups and recovery for all server data and systems, as well as system security for an office of networked and computers. In addition, Josh also manages all hardware capacity planning, implementation, maintenance and support, as well as supporting and maintaining software licenses and warranties.
ECIMOS, LLC v. Carrier Corporation
Nature of Suit: Copyright infringement and trade secret misappropriation matter regarding software for quality testing air conditioning units
Role: Testifying expert
- Josh provided testimony regarding the difficulty of copying from the text-based source language to the graphics-based language of the accused product
- Josh provided an expert report containing affirmative opinions related to clean room design, database comparison, and source code analysis, as well as how to apply the Abstraction Filtration Comparison (AFC) test with regard to the databases at issue in the case
Nature of Suit: Software project failure arbitration matter regarding a tenant management system
Role: Consulting expert
- Josh reconstructed the application environment and systems required for the extensive functional testing needed for the case
- Josh developed and employed a functional testing matrix based on the project’s contract and functional specifications and performed functional validation testing
- Josh assisted in the preparation of expert report and hearing materials to establish that the defendant delivered software containing material defects and misrepresented its software’s state of readiness during procurement
Nature of Suit: Electronic discovery matter regarding wind-turbine-technology patents
Role: Consulting expert
- Josh assisted in developing an e-discovery application used to review terabytes of backup data and prepare secure reports for counsel without directly viewing confidential data
- Josh created extensive test data sets designed to simulate the environment of an enterprise system unrolled from tape backups and perform load testing on the application
AREAS OF PRACTICE