Axian: Software consulting and training
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  Case experience







A valuable legal resource



Axian's partners have worked with clients and attorneys on a variety of cases and business issues, including:

  • terms and deliverables for software intellectual property licensing;
  • determining what transpired and how to recover when contracted IT projects fail; and
  • dealing with misappropriated software technology.

Early case evaluation / screening:
According to the Technical Advisory Service for Attorneys (TASA), "Experts are frequently consulted before complaints are filed. At this initial stage, input from impartial experts can make the crucial difference between success and failure. They can assess the technical merits of a case and advise if it's worth pursuing. They can bolster or weigh in against risking time and money."

Working with experts when IT projects fail:
It's common practice within the legal community to work with technology consultants and damages analysts at different phases of a case. Technology consultants are typically used early in a case (1) to help understand and explain the technical issues and jargon; and (2) to formulate a strategy for submitting and responding to claims and requests during the discovery phase. Were there realistic expectations? Was the work performed in a competent manner? Is the software technology truly proprietary or unique? Is it actually of any useful value? As a case progresses, a technology consultant may serve as an expert witness or work with litigation support teams on demonstrative examples to explain confusing technical concepts to the court or jurors.

When considering the failure of the IT project itself, the technology consultant can assist the damages analyst during the process to ensure that the technology considerations are fully accounted for when preparing the damages calculation, including:

  • assessment of the reasonableness of the contract and expectations of the parties;
  • developing insight into the true underlying objectives of the project; and
  • more accurately determining the true economic values.

A collaborative effort will result in a strategic advantage to the legal team crafting the case or to the defense.

Additional ways Axian's consultants can use their skills and background to help you:

  • Our experts can help attorneys become comfortable with the terminology involved.
  • We'll read and help you understand depositions and documents produced during discovery.
  • We can formulate and express credible opinions when writing expert reports and testifying.
  • Axian consultants can help position the facts in a way that's consistent with your strategy.
  • We can serve as intermediaries during discussions between highly technical engineers and attorneys or senior managers, to facilitate communication and explore the subtleties of the issues.