Nick Ferrara’s case experience at DisputeSoft includes code reviews of programs written in various programming languages, including C#, C, C++, Java, SQL, Visual FoxPro, ColdFusion, and Prolog. His code review work has covered everything from analyzing the architecture of large scale, multi-tier information systems to examinations of low-level smartphone firmware code.
In addition, Nick has extensive experience on cases involving failed software projects. Nick has worked on multiple cases in which unit, functional, 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 Rational. Nick’s analytical work on these cases has included quantitative analysis of large data sets, modeling using statistical sampling techniques, and the application of industry standard techniques for defect analysis, including defect open/close rates analysis, average time-to-close analysis, and technical debt estimation.
Nick has also assisted in a number of computer forensic investigations. These investigations have included 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.
As a technical expert in over 90 IT project failure, intellectual property infringement, and computer forensics disputes, Nick has been engaged on cases before federal and state courts and before arbitration panels. He was also designated as a testifying expert in several software disputes, including matters before the U.S. Court of Federal Claims (CFC) and the American Arbitration Association (AAA).
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.
Prior to joining DisputeSoft, Nick held a position on the legislative staff of a Member of the U.S House of Representatives and handled a legislative portfolio including science and technology, telecommunications, intellectual property, and cyber security. In addition to his legislative experience, Nick has worked on the staff of several Congressional campaigns where he was the system administrator of campaign IT infrastructure and computer security.
Below are representative examples of Nick’s skills and experience:
Nick was designated as a testifying expert in Prosuite Software Limited, et al. v. InfoKey Inc., et al., a copyright infringement matter regarding software for creating and managing real estate documents. Nick compared the parties’ sets of source code, including database schema and stored procedures, to determine if there was any evidence of copyright infringement. Furthermore, 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.
Nick served as a consulting expert in Apple v. HTC Corporation, an International Trade Commission patent infringement dispute. Nick’s work included analysis of substantial portions of the audio/video subsystems of certain HTC smartphones, including their underlying firmware code. His analysis supported contentions of patent invalidity, non-infringement, and lack of domestic industry.
In a state administrative hearing between Federal Signal Technologies, LLC and the Texas Department of Transportation, 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. As a typical project management percent-complete calculation technique such as earned value management was not possible in this case, 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.
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