In today’s era of “big data,” litigation teams must leverage tools for mining, organizing, interpreting, and presenting the underlying data in a manner comprehensible to the trier of fact.
Data Analytics, understood as the use of quantitative and computer-based tools and techniques, including databases, to analyze and characterize business problems, is a core DisputeSoft competency. At DisputeSoft, data-driven analytics tools and techniques serve as a means for determining facts and for presenting those facts, whether in investigating trade secret misappropriation in the data products market, inspecting defect records in a software project failure dispute, or reviewing source code repository modifications in a copyright suit. However, our data analytics experience and expertise can be leveraged in other disputes not involving IT failure or intellectual property, but rather for any case where large data sets need to be identified, collected, and analyzed for the purpose of proving or refuting claims at issue in the dispute.
In today’s era of “big data,” the traditional e-Discovery approach to database production is no longer adequate. Litigation teams must not only understand how to acquire and preserve data, including database systems, but must also leverage tools for mining, organizing, interpreting, and presenting the underlying data in a manner comprehensible to the trier of fact.
Data Acquisition, Preservation, and Analysis
DisputeSoft’s data experts are highly skilled in all aspects of data acquisition, preservation, and analysis. We routinely conduct high-level assessments of databases to understand their purpose, structure, and functionality. These assessments include audits of data tables, schemas, views, functions, and stored procedures to understand the “big picture” of a database environment. DisputeSoft staff are adept at comparing multiple database environments, both at the structural and substantive levels.
How We Can Help
Given the size and complexity of datasets in the modern era, few litigants can afford to conduct an unstructured data review. DisputeSoft works closely with counsel to tailor our technical inspections through careful background research. By reviewing data dictionaries, data models, and data architecture diagrams, we focus our technical investigations on the most fruitful areas of research, saving our clients valuable time and money.
DisputeSoft leverages data analytics to interpret data on both a quantitative and qualitative level.
As our work in the following cases shows, we use a variety of proprietary and commercially available analytics tools and techniques to make the judgments required of an expert and/or consulting witness.
- Kemper Corporate Services Inc. v. Computer Sciences Corporation et al.
- DisputeSoft utilized established tools such as SonarQube and JArchitect to characterize source code in connection with an analysis of compliance with Java code industry standards.
- Hogan v. BP West Coast Products, LLC
- DisputeSoft reviewed and analyzed Help Desk trouble ticket reports using a relational database to determine whether BP met industry standards for downtime, which is the amount of time that software fails to perform as intended.
- CAMS v. CINC
- DisputeSoft utilized a combination of proprietary internal software and manual review to examine source code and database schema elements for indicia of reverse-engineering or copying.
- BearingPoint v. United States (Department of Interior)
- DisputeSoft developed SQL scripts and mined data from project management schedules to measure percent complete and apportion liability for delays.
- Archonix Services, LLC v. Key Power International (KPI)
- DisputeSoft utilized data analysis techniques to complete an abstraction-filtration-comparison (AFC) test to determine whether there was evidence of non-literal copying of a competitor’s system.
- Philips v. HTC
- DisputeSoft utilized proprietary tools to review HTC’s Java source code to determine the provenance of the code and how the applications handled key operations.
DisputeSoft leverages our data analysis work to compile written reports that interpret data on both a quantitative and qualitative level. As depicted below, we make extensive use of graphs, timelines, and other visual aids to present our findings.
Interface Percent Completion Timeline
The above chart illustrates an effective way to analyze and present task completion over time based on data mined from resource-loaded project schedules.
Defect Convergence Timeline
Defect convergence timelines visually depict the rates at which software defects are reported and resolved during software implementations. DisputeSoft routinely generates such graphics in software failure disputes to present our analysis of the quality of a vendor’s efforts to complete and stabilize a software system.
Defect Resolution Metrics
Average time for defect resolution can be highly probative of adherence to contractually agreed upon service level metrics (SLAs). DisputeSoft has deep experience mining defect closure data from databases, and then analyzing and presenting the data in a meaningful and persuasive way.
Project Task Completion
Similarly, percent completion analysis and earned value analysis (EVA) involves mining data at a task or activity level and comparing it to baseline plans and budgets to arrive at actual or projected project completion forecasts.
Experts on Data Analytics
Jeff Parmet is a widely respected IT dispute resolution specialist who has served as a…
Todd Trivett is a recognized industry expert in Information Technology, providing consu…
Josh Siegel has substantial experience analyzing copyright, patent, and trade secret cl…
Nick Ferrara has been an integral part of more than 35 cases, spanning numerous commerc…
Anne Ackerman has extensive experience in investigating software failure matter, includ…
Tom Ashley applies his expertise in a wide range of software-related matters, including…
Sandelle Sefa has extensive experience with analyzing issues and preparing expert repor…
Since joining DisputeSoft in 2016, T.J. Wolf has consulted for clients on a variety of…
At DisputeSoft, Aparna assists in drafting expert, rebuttal, and investigative reports…
At DisputeSoft, Evan is an IT analyst responsible for analyzing source code in IP and s…
As a Consultant at DisputeSoft, Sarah assists in preparing expert, rebuttal, and invest…