As a technical and consulting expert in over 90 IT project failure, breach of contract, intellectual property misappropriation, and computer forensics matters, Nick has been engaged on cases before state, federal, and international courts. He has been designated as a testifying expert in a number of software disputes, including cases in U.S. Federal Court and before the American Arbitration Association (AAA).
Nick has extensive experience on cases involving failed software projects in which unit, functional, integration, regression, and performance testing results were at issue, and he has experience with a number of industry standard software testing tools, including HP ALM, LoadRunner, and IBM Rational. Nick’s testing experience also includes the application of industry standard techniques for defect analysis, including the analysis of defect open/close rates, average time-to-close, and technical debt estimation.
In addition, Nick’s experience at DisputeSoft includes code reviews of everything from analyzing the architecture of large scale, multi-tier information systems to examinations of low-level smartphone firmware code. Nick has also assisted in a number of computer forensic investigations, including the examination of unallocated hard drive clusters for evidence of spoliation, research into Windows time logs and system clock synchronization protocols, and extraction of smartphone data logs for evidence of executive misconduct.
In addition to his client work, Nick also serves as DisputeSoft’s Director of Software Development. In this role, Nick actively applies industry standard techniques for the design and development of internal software tools using Agile development methodologies. Most recently, Nick led the effort to develop DisputeSoft’s proprietary static code analysis tool leveraged in our Code ACE™ service, which is capable of comparing and analyzing millions of lines of source code.
Nature of Suit: Copyright infringement and trade secret misappropriation matter regarding payment processing software
Role: Testifying expert
- Nick 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
- Nick reviewed various revisions of the source code stored in the parties’ git and Subversion repositories, and forensically analyzed metadata associated with those revisions
- Nick prepared two declarations, an expert report, a supplemental expert report, and a rebuttal report, and testified to his findings at trial
Nature of Suit: Copyright infringement matter regarding software for creating and managing real estate documents
Role: Testifying expert
- Nick compared the parties’ sets of source code, including database schema and stored procedures
- Nick investigated whether the source code at issue was protected under the terms of the parties’ contract
- Nick testified that none of the protected source code was present in the accused software product
Nature of Suit: Software project failure matter regarding software for billing and collecting tolls on state highways
Role: Consulting expert
- Nick conducted an analysis to determine what percentage of a project was completed by the plaintiff prior to the defendant’s termination of the project for convenience
- Nick developed a model for calculating the percent complete for each deliverable based upon both the parties’ document approval process and a baseline of work completed using as-planned schedules
AREAS OF PRACTICE