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Testifying Expert Witness, Computer Consulting, Data Base Design and Damages Data Collection and Analysis
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Computer Expert Witness Services:
Many of our litigation engagements have involved failed software systems implementations. We have testified a number of times concerning why failures occur and how they could have been preventred. We have been retained by systems integrators as well as end users companies.
Providing pre-litigation consulting for failed software implementations. Let us help you review your options and develop litigation strategy.
Providing design, analysis and implementation of data base management systems. We specialize in the acquisition, normalization and reporting of data needed for class action and patent damages analysis.
We have the expertise to capture, review and testify concerning email records produced during discovery.
We have provided expert support to help determine the validity of computer software related patents. We have experience with the preparation of claims charts, expert reports and deposition testimony.
We have extensive experience in the area of software implementation project management. We have provided expert opinions in a number of engagements where the issue of project management was central to the controversy.
We can provide expertise in internet technology including development, security, maintenance and trade secrets.
We can assist in the determination of whether software trade secrets are found in competing computer systems. We have provided expert testimony for in matters involving internet based systems as well as traditional computer software systems. |
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Keywords:
expert witness failed software implementation, failed software implementation, Analysis of prior art to patent validity including the preparation of claims charts, Expert in defective computer software litigation, electronic evidence analysis, Analysis of evidence in matters where trade secret theft has been alleged, Trial and Deposition Testimony in Federal and State Court Jurisdictions, relational data base, Deposition and trial testimony, computer industry veteran, erp systems development for the aerospace industry, Expert in document and electonic data production, Computer hardware and software consultant, software project management, production of email produced, document production during litigation, specification acquisition installation and support of network computers hardware and software, design and implementation of enterprise resource planning systems, computer industry aerospace computing, trial testimony issues on design analysis implementation of Internet web sites, Extraction of computer data into common data base, Computer data recovery and analysis, Data base design and information analysis, Analysis of computer data, Analysis and testimony at trial on internet browser file cache contents, analysis of flight control computer data following air crash, Software selection consultants
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Computer Expert Witness
Reed Simpson:
Coeur d'Alene, Idaho: (360) 289-2878
Seattle, Washington: (206) 905-4576
_________________________________
Main Office:
5267 West Highland Drive
Suite 100
Coeur d'Alene, ID 83814
_________________________________
reed@computerlegal.com
www.computerlegal.com
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[Expert Witness
Engagements] [Arbitration
Engagements] [Mediation Engagements] [Legal/Litigation Engagements]
Engagements: Expert Witness
 | American Airlines v. Honeywell, Jeppesen. Aircraft Accident of December 20, 1995 near Cali Columbia - American Airlines Flight 965.
Ref: [400]
Type Of Matter:
Aircraft Accident
Jurisdiction:
Florida-Southern District
Client:
American Airlines
Nature Of Case:
Airline accident with issues concerning the flight control computer, the data base contained within and the many processes involved in creating the data base. Several companies and many computer systems are involved.
Nature Of Engagement: Consulting Technical expert.
Analyze Flight management software development, flight data base contents and development. Review electronic records including email, CDROM, data base backup, problem logs and certification data. Analyze Flight Management Computer software version history and program source code.
Represented By:
Sullivan, Johnson & Manfredi-Los Angeles, CA
Status: Complete June 2000.
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| Miller - Class Action v. Bank Of America
Ref: [450]
Type Of Matter:
Class Action
Jurisdiction:
San Francisco Superior Court
Client:
Miller (Class Action)
Nature Of Case:
Miller (Class Action) claims that Bank Of America did not properly process Checking accounts with Social Security Direct Deposit activity. The class-action case, filed 5 1/2 years ago, centers on allegations that Bank of America collected some customer service fees by siphoning money from direct deposit accounts set up to receive Social Security benefits.
Nature Of Engagement: Designated Expert.
Expert Declaration.
Testimony at Trial.
Damages Expert
Designated Technical Expert concerning production of computerized account records. Design, build and operate relational data base system to analyze 50 million records produced in electronic form by Bank Of America.
Represented By:
The Sturdevant Law Firm-SF
Status: Complete February, 2004.
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| Department 56 v. Arthur Anderson
Ref: [500]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Minnesota, Hennepin County
Client:
Arthur Anderson LLP
Nature Of Case:
Department 56 claims that Arthur Anderson committed fraud while assisting Department 56 in the selection and implementation of J. D. Edwards ERP software system.
Nature Of Engagement: Designated Expert.
Expert Report.
Litigation Support.
Review software selection process. Review project management. Review policy implications of new software system implementation.
Represented By:
Bartlit Beck Herman Palenchar & Scott-Chicago, IL
Status: Complete February 2002
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| All Pro Sound v. Netsirk Technologies
Ref: [525]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Florida Circuit Court - Escambia County
Client:
All Pro Sound
Nature Of Case:
All Pro purchased SAP Business One software and contracted with Netsirk to advice All Pro on the selection and to install the SAP software. All Pro claims that Netsirk never installed SAP software thatr satisfied the business needs of All Pro.
Nature Of Engagement: Designated Expert.
Represented By:
McDonald Fleming Moorhead
Status: Pre trial discovery
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| Tri Valley Growers v. Oracle Corporation
Ref: [550]
Type Of Matter:
Software Systems Development
Jurisdiction:
San Francisco Superior Court
Client:
Tri-Valley Growers
Nature Of Case:
Tri Valley Growers purchased a Consumer Packaged Goods (CPG) software system from Oracle Corporation. TVG alleges that the software was defective, did not meet its needs and was never completely installed.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Consulting Technical Expert.
Review and evaluate Oracle management decision making process, development planning and project management.
Represented By:
Dorsey & Whitney-Minneapolis, MN
Status: Complete January 2002
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| Orion IP V. Staples, Inc., et al
Ref: [600]
Type Of Matter:
Patent Infringement
Jurisdiction:
US District - Marshall TX.
Client:
Toyota, Harley Davidson, Home Depot
Nature Of Case:
Orion IP Claims Infringement of U.S. Patent 5,367,627 COMPUTER-ASSISTED PARTS SALES
METHOD - Johnson
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony
Represented By:
Vinson & Elkins, McDermott Will & Emery, Fulbright & Jaworski
Status: Complete March 2006
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| Farmers Group, Inc. v. Guerrero
Ref: [650]
Type Of Matter:
Service Mark Infringement
Jurisdiction:
U.S. District Court-Washington - Eastern District
Client:
Guerrero, Rene
Nature Of Case:
Farmers Insurance Group alleges that an Internet gripe site maintained by Guerrero (1) Service Mark Infringement. (2) Unfair Competition. (3) Service Mark Dilution. (4) Unfair Competition And Unfair Or Deceptive Acts.
Nature Of Engagement: Designated Expert
Expert Report
Represented By:
Preston, Gates & Ellis-Spokane
Status: Complete January 2006
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| Westlake Chemical Corporation and Westlake Management Services, Inc. v. Oracle Corporation, Experio Solutions Corporation and Grant Thornton LLP.
Ref: [750]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Texas-District Court of Harris County
Client:
Westlake Chemical Corporation
Nature Of Case:
Westlake claims that Oracle, Experio and Grant Thornton were to blame for the failed implementation of Oracle eProcurement and SAP Connector integration software.
Nature Of Engagement: Designated Expert.
Expert Report.
Represented By:
Doyle, Restrepo, Harvin & Robbins-Houston
Status: Complete April 2003
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| Pioneer-Standard Electronics, Inc. v. CAP Gemini America, Inc.
Ref: [800]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
U.S. District Court-Ohio-Northern District
Client:
CAP Gemini America, Inc.
Nature Of Case:
Pioneer claims that CAP Gemini contributed to a failed IMI ESS - Oracle Financial Software Selection and Integration. Pioneer Standard claims software was defective, did not meet its needs and was implemented improperly.
Nature Of Engagement: Designated Technical Expert.
Designated Damages Expert.
Expert Report.
Deposition Testimony.
Testimony at Trial
Represented By:
Shearman & Sterling-NYC
Status: Complete December 2003.
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| Colorado Department of Higher Education - Colorado Student Loan Program v. Ratheon E-Systems, Inc.
Ref: [850]
Type Of Matter:
Software Systems Development
Jurisdiction:
Colorado - Denver District Court
Client:
Colorado Department of Higher Education
Nature Of Case:
Failed software development. Colorado Deportment of Higher Education claims that Ratheon failed to develop and deliver a system to process student loans for the state.
Nature Of Engagement: Designated Expert
Expert Report
Represented By:
Hogan & Hartson, LLC.
Status: Completed September 2008
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| Priority Healthcare Corporation v. Deloitte & Touche LLP.
Ref: [900]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Florida Circuit - Ninth District
Client:
Deloitte & Touche LLP
Nature Of Case:
Priority claims faulty performance by Deloitte during a Computer Software Selection and implementation involving Oracle software and Custom developed applications.
Nature Of Engagement: Designated Expert
Expert Analysis
Represented By:
Holland & Knight-Miami
Status: Complete September 2005
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| TigerDirect, Inc. and Systemax V. Manhattan Associates, Inc.
Ref: [950]
Type Of Matter:
Warehouse Software Implementation
Jurisdiction:
Florida-Southern District
Client:
TigerDirect, Inc. and Systemax, Inc.
Nature Of Case:
Manhattan Associates contracted with TigerDirect for the purchase and installation of a Warehouse Management System designed to handle TigerDirect high order and shipping volumes. Tiger claims that the Manhattan Warehouse for Microsoft Windows system was not capable of supporting the TiderDirect warehouse operation after the system went live.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony
Represented By:
Holland & Knight - Tampa
Status: Complete February 2007
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| Evangelical Lutheran Church in America Board of Pensions V. Spherion Pacific Workforce
Ref: [1000]
Type Of Matter:
Software Systems Development
Jurisdiction:
US District Court-Minnesota
Client:
Evangelical Lutheran Church in America Board of Pensions
Nature Of Case:
The Board of Pensions contracted with Spherion to develop a software system to replace a legacy system. The Board of Pensions claims that Spherion produced a software system that was of little or no value and was a failed software implementation.
Nature Of Engagement: Designated Expert.
Expert Report.
Represented By:
Dorsey & Whitney-Minneapolis, MN
Status: Complete May 2006.
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| U.S. Bank National Association (Multi Service Corporation) v. PerfectStop Partners
Pier to Pier v. U. S. Bank (MO. State Court)
Ref: [1050]
Type Of Matter:
Software Systems Development
Jurisdiction:
AAA Houston, TX
Client:
US Bank
Nature Of Case:
PerfectStop developed an internet based computer system to link aircraft operators with Fixed Base Operators to coordinate trip logistics. US Bank claims that PerfectStop system was never operational.
Nature Of Engagement: Designated Expert
Expert Analysis/Designation
Trial Testimony
Represented By:
Dorsey & Whitney-Minneapolis, MN
Status: Complete March 2009
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| The Insurance House Inc. v. Insurance Data Processing, Inc.
Ref: [1100]
Type Of Matter:
Software Systems Development
Jurisdiction:
US District Court Georgia Northern District
Client:
Insurance Data Processing
Nature Of Case:
Insurance House claims breach of contract by Insurance Data Processing for the development of a computer system.
Nature Of Engagement: Designated Expert
Expert Report
Deposition Testimony
Represented By:
Ballard Spahr Andrews & Ingersall-Philla, PA
Status: Pre trial discovery
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| Answerthink v. Del Monte Fresh Produce Company
Ref: [1150]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Florida Circuit Court-Miami
Client:
Del Monte Fresh Produce Company
Nature Of Case:
Answerthink was retained by DelMonte to implement Oracle applications software in the United States and several other countries. DelMonte claims that Answerthink materially breached the agreements.
Nature Of Engagement: Designated Expert
Represented By:
Holland & Knight-Miami
Status: Pre-Trial Discovery
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| Hewlett-Packard Company V. Factory Mutual Insurance Company
Ref: [1250]
Type Of Matter:
Computer Hardware/Software Development
Jurisdiction:
U.S. District Court - NY
Client:
Factory Mutual Insurance
Nature Of Case:
HP claims significant loss due to sabotage by a former employee. Factory Mutual disputes the loss claim.
Nature Of Engagement: Consulting Technical expert.
Represented By:
Robins, Kaplan, Miller & Ciresi
Status: Complete May 2004
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| Abstrax, Inc. v. Dell, Inc. and Gateway, Inc.
Ref: [1300]
Type Of Matter:
Patent Infringement
Jurisdiction:
US District Court - Eastern District Marshall Division
Client:
Dell, Inc.
Nature Of Case:
Abstrax claims patent infringement by Dell of patent 6,240,328 entitled entitled “Manufacturing Method for Assembling Products by Generating and Scheduling Dynamically Assembly Instructions
Nature Of Engagement: Designated Non-Infringement Expert
Expert Report
Deposition Testimony
Represented By:
Vinson & Elkins-Austin, TX
Status: Discovery
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| Computer Horizons v. Spearhead Consultants and SAP America, Inc.
Ref: [1400]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
New York-Supreme Court - NY County
Client:
Computer Horizons Corp.
Nature Of Case:
Computer Horizons purchased SAP software system which was to be customized and installed by Spearhead Systems. Computer Horizons claims software was defective, did not meet its needs and was implemented improperly.
Nature Of Engagement: Designated Expert.
Expert Report.
Consulting Technical Expert.
Evaluate system requirements, technical structure, data interface, data base structure and system integration structure.
Represented By:
Proskauer Rose-New York City, NY
Status: Complete March 2001.
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| United Computer Systems, Inc. v. AT&T and Lucent Technologies, Inc.
Ref: [1500]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
California-American Arbitration Association-LA
Client:
AT&T and Lucent Technologies, Inc
Nature Of Case:
Computer software system, claims of capabilities and performance.
Nature Of Engagement: Designated Expert.
Testimony at Trial.
Analysis of computer system, source code and underlying file structure and operation. Review data base structure.
Represented By:
Orrick, Herrington & Sutcliffe-Los Angeles, CA
Status: Complete June 1999.
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| PHARMACEUTICAL RETURNS SERVICE v. PHARMA LOGISTICS, LTD
Ref: [1600]
Type Of Matter:
Software Systems Development
Jurisdiction:
US District Court - Illinois
Client:
Pharmaceutical Returns Service
Nature Of Case:
Pharma developed a computer system to process oudated drugs for return to manufacturers. Pharaceutical Returns Service claims that Pharma used it's trade secrets to develop the system.
Nature Of Engagement: Designated Expert
Expert Report
Represented By:
Bryan Cave - Chicago
Status: Completed June 2009
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| University of Quebec v. SAP Canada Inc.
Ref: [1700]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Canada-Montreal Arbitration Tribunal
Client:
University of Quebec
Nature Of Case:
Failed SAP software implementation claimed by University of Quebec.
Nature Of Engagement: Designated Expert.
Expert Report.
Testimony at Trial.
Represented By:
Woods & Partners-Montreal, Canada
Status: Complete August 2003
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| State Of Arkansas V. SAP Public Services, Inc.
Ref: [1750]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Arkansas Circuit Court
Client:
State Of Arkansas
Nature Of Case:
The State Of Arkansas contracted with SAP Public Services, Inc. for the purchase of computer software. The State Of Arkansas claims that SAP Public Services failed to provide an integrated Financial Management computer software to handle unique Public Sector requirements.
Nature Of Engagement: Designated Expert.
Expert Report.
Represented By:
State Of Arkansas - Attorney General
Status: Complete August 2008
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| State Of Iowa vs. InfoSys, Inc.
Ref: [1850]
Type Of Matter:
Medical Billing Software Implementation
Jurisdiction:
Iowa District Court-Polk County
Client:
InfoSys, Inc.
Nature Of Case:
The State Of Iowa Department of Human Services claims that InfoSys provided a flawed system to perform Medical billing and processing.
Nature Of Engagement: Designated Expert.
Represented By:
Holland & Knight-Chicago
Status: Completed January 2005
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| Texas Department Of Health v. EDS-National Heritage Insurance Company
Ref: [1900]
Type Of Matter:
State Medicaid Software System Implementation
Jurisdiction:
AAA - Dallas, TX
Client:
EDS-National Heritage Insurance Company
Nature Of Case:
Texas Department Of Health claims that National Health/EDS improperly billed development and other costs. Determination of substantial completion of installed computer system. Status and significance of CMS audit of State Medicare/Medicaid System.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Trial Testimony
Represented By:
Hughes & Luce-Dallas
Status: Complete October 2004.
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| Ocean Garden Products, Inc. v. IBM Global Services, a Division of International Business Machines Corporation
Ref: [2000]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
US District Court-California Southern District
Client:
IBM Corporation
Nature Of Case:
Ocean Garden Products claims Breach of Contract and Fraud by IBM during the selection and implementation of the QAD ERP software to replace a non-Y2K compliant legacy system.
Nature Of Engagement: Designated Expert.
Expert Report.Technology consultant.
Represented By:
Quinn Emanuel Urquhart Oliver & Hedges-Los Angeles, CA
Status: Complete August 2003
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| Uncle Henry’s Inc. v. Plaut Consulting Inc. and Edgewing, a Division of Plaut Consulting, Inc.
Ref: [2100]
Type Of Matter:
Web Site Development
Jurisdiction:
US District Court - Maine
Client:
Plaut Consulting, Inc.
Nature Of Case:
Uncle Henry's claims Breach of Contract for the development of a classified advertising eCommerce Web Site using a Microsoft development environment.
Nature Of Engagement: Designated Expert.
Expert Report.
Testimony at Trial.
Internet Technology consultant.
Represented By:
Lynch, Brewer, Hoffman & Sands-Boston, MA and Verrill & Dana - Portland Me
Status: Complete April 2003.
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| La Touraine, Inc. v. Navisite, Inc., Formerly known as Jupiter Hosting, Inc.
Ref: [2125]
Type Of Matter:
Software Systems Development
Jurisdiction:
American Arbitration Association-San Francisco
Client:
La Touraine, Inc.
Nature Of Case:
La Touraine contracted with Navisite to develop an Internet website Content Management System (CMS) and to host a number of websites operated by LaTouraine. LaTouraine claims that the CMS developed by Navisite was incomplete and had been misrepresented. LaTouraine claims that Navisite shut down LaTouraine websites.
Nature Of Engagement: Designated Expert.
Expert Report
Deposition Testimony
Trial Testimony
Represented By:
Asaro Keagy
Status: Complete - January 2009
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| Cornn, et. Al- Class Action. v. United Parcel Service, Inc.
Ref: [2150]
Type Of Matter:
Class Action
Jurisdiction:
California-Northern District
Client:
Class Action Plaintiffs
Nature Of Case:
Plaintiffs claim that UPS failed to pay them for various classes of time worked.
Nature Of Engagement: Expert consultant
Damages Data Base Expert
Technical expert concerning production of computerized work and payroll records. Design, load and operate relational data base system to process and analyze 400 million records produced in electronic form.
Represented By:
Kershaw, Cutter, Ratinoff & York
Status: Complete January 2007
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| Styling Technology Corporation v. Arthur Anderson LLP et. al.
Ref: [2200]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Arizona-Superior Court Maricopa County
Client:
Styling Technology Corporation
Nature Of Case:
Styling Technology retained Arthur Anderson to design and implement Oracle financial systems. Styling claims that Arthur Anderson failed to deliver in a timely manner and when delivered, the system failed to work.
Nature Of Engagement: Designated Expert.
Analysis of Oracle system selection and implementation.
Represented By:
Grant & Eisenhofer
Status: Complete December 2003.
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| Medinformatix, Inc. V. AcerMed, Inc.
Ref: [2250]
Type Of Matter:
Software Copyright Infringement
Jurisdiction:
JAMS - Los Angeles California
Client:
AcerMED Inc.
Nature Of Case:
Mediformatix claims that Acermed infringed it's Copyright on a Medical Office management system developed by Medinformatix when AcerMed developed a competing system. Medinformatix also claims that Acermed misappropriated its trade secrets relating to the Microsoft SQL data base used by the AcerMed system.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony
Trial Testimony
Review and evaluate Microsoft SQL data bases used by both systems.
Represented By:
Stradling Yocca Carlson & Rauth-Newport Beach, CA
Status: Complet March 2007.
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| ChartOne, Inc. v. Netcube Systems, Inc.
Ref: [2300]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
AAA - San Jose
Client:
ChartOne, Inc.
Nature Of Case:
Failed software implementation. ChartOne alleges that Netcube failed to fulfill its obligations during an engagement involving PeopleSoft computer software.
Nature Of Engagement: Designated Expert
Represented By:
Miller Morton Caillat & Nevis-SJ
Status: Complete June 2004
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| Computer Business Applications, Inc. v. Melville Corporation
Ref: [2400]
Type Of Matter:
Software Systems Development
Jurisdiction:
California-Central District
Client:
Computer Business Applications, Inc. - Plaintiff./Cross Defendant
Nature Of Case:
Contracts dispute involving claims that a merchandising software system was defective.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Testimony at Trial.
Review system technology, implementation issues, possible defects, corrective efforts, costs and impacts.
Represented By:
Perkins Coie-Los Angeles, CA
Status: Complete September 1994.
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| Mulligan - Class Action v. Pacific Bell Telephone Company
Ref: [2450]
Type Of Matter:
Class Action
Jurisdiction:
California Superior Court-Alameda County
Client:
Mulligan - Class Rep.
Nature Of Case:
PacBell is accused of erroneously charging Wire Pro inside wiring maintenance charges
Nature Of Engagement: Designated Expert.
Design relational data base to collect and analyze information for 7 million users of the PacBell Wirepro service.
Represented By:
The Sturdevant Law Firm-SF
Status: Complete June 2004.
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| DE Technologies, Inc. v. Dell, Inc.
Ref: [2500]
Type Of Matter:
Patent Infringement
Jurisdiction:
US Virginia - Wester District
Client:
DE Tech
Nature Of Case:
De Tech claims infringement of United States Patents Nos. 6,460,020 and
6,845,364 ("the '020 Patent" and "the '364 Patent" respectively) both entitled "Universal
Shopping Center for International Operation."
Nature Of Engagement: Damages Data base Consultant.
Consultant for acquisition of damages data from Dell data bases. Create damages data base.
Represented By:
Robins, Kaplan, Miller & Ciresi
Status: Complete - December 2006
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| Intergraph Hardware Technologies Company v. Dell, Inc., Hewlett-Packard Company and Gateway, Inc.
Ref: [2550]
Type Of Matter:
Patent Infringement
Jurisdiction:
US District - Marshall TX.
Client:
Intergraph Hardware Technologies Company
Nature Of Case:
Intergraph claims infringement of it's Patent 4,899,275 entitled Cache-MMU System; Patent 4,933,835 entitled Apparatus for Maintaining Consistency of a Cache Memory with a Primary Memory and Patent 5,091,846 entitled Cache Providing Caching/Non-Caching Write-Through and Copyback Modes …
Nature Of Engagement: Damages data base data verification consultant
Represented By:
Robins, Kaplan, Miller & Ciresi
Status: Complete August 2004.
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| Harp - Class Action v. Quest Communications
Ref: [2600]
Type Of Matter:
Class Action
Jurisdiction:
Oregon-Circuit Court Multnomah County
Client:
Harp - Class Rep.
Nature Of Case:
Quest Communications is accused of erroneously charging roaming charges for Cellular phone calls.
Nature Of Engagement: Designated Expert.
Damage Calculations From Computerized Records
Represented By:
Northwest Lawfirm-Portland, OR
Status: Complete April 2005
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| IEA Software, Inc. and Community ISP, Inc. v. Whole ISP, Brian Krabach; Todd Meyers
Ref: [2650]
Type Of Matter:
Software Copyright Infringement
Jurisdiction:
U.S. District Court-Washington - Eastern District
Client:
Community ISP
Nature Of Case:
Community ISP alleges Copyright Infringement regarding software program, data bases and text manuals.
Nature Of Engagement: Designated Expert
Expert Report
Represented By:
Preston, Gates & Ellis-Spokane
Status: Complete January 2005
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| Reference Pathology Services, Inc. v. Soft Computer Consultants
Ref: [2800]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Florida-American Arbitration Association-Tampa
Client:
Reference Pathology Services, Inc.
Nature Of Case:
Failed Medical Laboratory Software implementation. Issues included system architecture, system functional capabilities, data conversion, system bugs and system reliability.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Testimony at Trial.
Represented By:
Trenam, Scharf, Barkin, Fry, O'Neill & Mullis-Tampa
Status: Complete February 2003
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| Move Management, Inc. v. Relocation Management Worldwide, Inc. and Armstrong Transfer and Storage Company, Inc.
Ref: [2900]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
Colorado-Jefferson County
Client:
Move Management, Inc.
Nature Of Case:
Move Management claims that Relocation Management used Move Management Trade Secrets during the development of a competing Web Site.
Nature Of Engagement: Neutral Designated Expert.
Expert Report.
Deposition Testimony.
Review and compare Web sites, source code and SQL data bases.
Represented By:
Brownstein Hyatt & Farber-Denver; Schwartz & Goldberg-Denver; Wyatt, Tarrant & Combs-Memphis
Status: Complete December 2003.
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| Verizon Business Network Services, Inc. v. AT & T Corporation
Ref: [2950]
Type Of Matter:
Support Services
Jurisdiction:
AAA - New York City
Client:
Verizon Business Networks
Nature Of Case:
Verizon claims that AT & T wrongfully terminated it's contract to provide support for networks operated by At & T.
Nature Of Engagement: Designated Expert
Represented By:
DLA Piper
Status: Complete- March 2008
|
| Parrot Ice Products v. Oracle Corporation
Ref: [3000]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
Texas-District Court of Harris County
Client:
Parrot Ice Products, Inc.
Nature Of Case:
Failed software selection. Parrot Ice claims that Oracle Corporation represented that the Oracle applications software could be used to operate the business. Parrot Ice claims that the software sold to Parrot was not applicable to its business and could not be used.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Represented By:
Doyle, Restrepo, Harvin & Robbins-Houston
Status: Complete July 2005
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| Farouk Systems, Inc. v. Oracle Corporation
Ref: [3050]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
US District Court Houston Division
Client:
Farouk Systems, Inc.
Nature Of Case:
Farouk Systems claims that Oracle sold a defective ERP software system.
Nature Of Engagement: Designated Expert.
Technical consultant.
Represented By:
Simpson & Brenner-San Diego
Status: Complete October, 2004
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| Crystal Decisions, Inc. v. Actuate Corporation
Ref: [3150]
Type Of Matter:
False Advertising
Jurisdiction:
US Northern District-San Jose Division
Client:
Crystal Decisions, Inc.
Nature Of Case:
Crystal Decisions is seeking a Preliminary Injunction to bar Actuate Corporation from making false advertising claims.
Nature Of Engagement: Designated Expert. Expert Report.
Testimony at Trial.
Product capability evaluation. Expert presentation. Expert Declarations.
Represented By:
Hopkins & Carley-San Jose
Status: Complete July 2002
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| Nissan Motor Co., Ltd. And Nissan North America, Inc. v. Nissan Computer Corporation
Ref: [3250]
Type Of Matter:
Software Copyright Infringement
Jurisdiction:
California-Central District
Client:
Nissan Computer Corporation
Nature Of Case:
Nissan Computer Corporation operates an Internet website under the registered domain name of nissan.com. Nissan Motor Co. claims Copyright dilution by Nissan Computer Corporation due to its use of the nissan.com domain.
Nature Of Engagement: Designated expert.
Expert report.
Consulting Technical Expert.
Review and analyze website traffic logs and statistics.
Represented By:
Techmark-San Jose, CA
Status: Complete November, 2002.
|
| H&S Rehabilitative Treatment Services, Inc. v. da Vinci Motion Graphics
Ref: [3350]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
OK-Oaklahoma County District Court
Client:
da Vinci Motion Graphics
Nature Of Case:
H&S claims misappropriation of trade secrets and violation of a Non-Disclosure Agreement by da Vinci.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Testimony at Trial.
Review features and functions of party's software products.
Represented By:
Klinge, Brown & Roberts-Oklahoma City, OK
Status: Complete April 2002.
|
| Computer Management Consultants, Inc. vs. Computer Information Specialist, Inc.
Ref: [3400]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
Circuit Court - Tampa Florida
Client:
Computer Management Consultants, Inc.
Nature Of Case:
Computer Management Consultants entered into a contract to sell computer software source/object code to Computer Information Specialist. Computer Management Consultants claims that Computer Information Specialist breached the contract by not completing the purchase and using knowledge gained to develop a comparable system.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Represented By:
Trenam, Scharf, Barkin, Fry, O'Neill & Mullis-Tampa
Status: Complete April 2006
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| Data Direct Networks, Inc. v. Transoft Technology Corporation
Ref: [3500]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
Superior Court, State of California - County of Santa Barbara
Client:
Data Direct Networks, Inc.
Nature Of Case:
Computer Software Trade Secrets. Data Direct claims theft of trade secrets in the form of computer software for the control of Storage Area Network (SAN) software and business plans by Transoft.
Nature Of Engagement: Designated Expert.
Technical consultant.
Analysis of electronic discovery materials. Review and analysis of programming source code, email (including attachments) and system backup data files.
Represented By:
Orrick, Herrington & Sutcliffe-Los Angeles, CA
Status: Complete January 2000.
|
| FlexiInternational Software, Inc. - Claimant v. Dataworks, Epicor and Platinum Software
Ref: [3600]
Type Of Matter:
Software Systems Development
Jurisdiction:
California-American Arbitration Association-SF
Client:
FlexiInternational Software, Inc.
Nature Of Case:
Parties entered into a software license/development agreement. Parties dispute software development process, features implemented and development schedule.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Review project documents, evaluate management of project and contract performance.
Represented By:
The Banchero Law Firm-San Francisco, CA
Status: Complete February 2001.
|
| Multico Rating Systems v. (Name withheld by request)
Ref: [3650]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
AAA-Washington State
Client:
Names Confidential
Nature Of Case:
Trade Secrets. Multico claims that (confidential) used proprietary information to develop competing insurance rating software.
Nature Of Engagement: Designated Expert
Expert Report.
Represented By:
Preston, Gates & Ellis-Spokane
Status: Complete January 2005
|
| National Airmotive v. Oracle Corp., Avanti Systems, Inc., James Greenwood and Gregory Stachnick
Ref: [3700]
Type Of Matter:
Software Copyright Infringement
Jurisdiction:
California-Northern District
Client:
National Airmotive Corporation, Rolls Royce
Nature Of Case:
National owns rights to computer source code. Oracle acquired code via. Former employee. National claims that Oracle is marketing a computer system which incorporated its intellectual property.
Nature Of Engagement: Designated Expert.
Expert Report.
Program/system source code analysis.
Represented By:
Anderson Kill & Olick - New York City, NY
Status: Complete June 2001.
|
| Large Internet DSL Provider v. International Consulting Firm
Ref: [3800]
Type Of Matter:
ERP Software Implementation
Jurisdiction:
na
Client:
Internet DSL Service Provider
Nature Of Case:
International Consulting Form retained to select, modify, install and implement "back office" systems to support DSL service requirements.
Nature Of Engagement: Technical Expert.
Expert Computer Consulting and analysis. Evaluate project management system, reporting and status of contract deliverables. Obtain and review machine readable project files, documents and reporting systems. Systems included Siebel, Portal, Vitria and Oracle data bases.
Represented By:
Stradling Yocca Carlson & Rauth-Newport Beach, CA
Status: Complete January 2002
|
| Solv Corporation v. PurchasePro.com
Ref: [3900]
Type Of Matter:
eCommerce Web Site Development
Jurisdiction:
American Arbitration Association - Las Vegas, Nevada
Client:
Solv Corporation - Altlana, GA
Nature Of Case:
Solv developed software for PurchasePro.com. Solv alleges that PurchasPro wrongfully terminated contract for Internet eCommerce web site development.
Nature Of Engagement: Designated Expert.
Expert Report.
Litigation Support.
Review program development standards.
Represented By:
Weil & Lee-Anaheim, CA
Status: Complete September 2001.
|
| SS&C v. AF Investmentos
Ref: [3950]
Type Of Matter:
Software Package Implementation
Jurisdiction:
AAA Arbitration - New York
Client:
AF Investmentos
Nature Of Case:
Portfolio Management software purchased by AF Investmentos was defective.
Nature Of Engagement: Designated Expert.
Consulting Technical Expert.
Evaluate system requirements, technical representations and data base architecture. Review and evaluate project management system, reporting, status and performance.
Represented By:
Dorsey & Whitney-Minneapolis, MN
Status: Complete February 2001
|
| New England Air Systems, Inc. v. ePartners, Inc. and Solomon Software, Inc.
Ref: [4100]
Type Of Matter:
Software Package Implementation
Jurisdiction:
MA-State Court
Client:
epartners
Nature Of Case:
Contracts dispute involving claims that Solomon software system was defective.
Nature Of Engagement: Designated Expert.
Technical consultant.
Represented By:
Foley, Hoag & Eliot-Boston, MA
Status: Complete March 2002
|
| Dan Trust v. Hollie B. Smith, Jerome F. Brasch, and Horizon Healthcare Technologies
Ref: [4150]
Type Of Matter:
Software Systems Development
Jurisdiction:
Iowa District Court-Polk County
Client:
Dan Trusts
Nature Of Case:
Dan Trust purchased an ownership interest in Horizon Healthcare Technologies. Issues included software system development, project management, system quality and bug reporting and representations made when purchasing a software development company.
Nature Of Engagement: Designated Expert.
Litigation support.
Represented By:
Dickinson, Mackman, Tyler & Hagen
Status: Complete September 2001.
|
| Ladd Industries v. Accunet, Inc. and Solomon Software, Inc.
Ref: [4200]
Type Of Matter:
Software Package Implementation
Jurisdiction:
Ohio-Montgomery County Court of Common Pleas
Client:
Confidential
Nature Of Case:
Ladd purchased Solomon Software system from Accunet. Ladd Industries claims that software was defective and was not suited for its business needs.
Nature Of Engagement: Designated Expert.
Consulting Technical Expert.
Review and evaluate system requirements, project management and implementation results. Pre-Trial Discovery.
Represented By:
Rendigs, Fry, Kiely & Dennis-Cincinnati, OH
Status: Complete May 2002.
|
| Associates in Ophthalmology v. First Insight Corp.
Ref: [4250]
Type Of Matter:
Software Systems Development
Jurisdiction:
US-Pennsylvania-Western District
Client:
Associates in Ophthalmology, Ltd.
Nature Of Case:
Software purchased for Ophthalmology group was defective and did not perform as represented.
Nature Of Engagement: Designated Expert.
Expert Report.
Represented By:
Monte & McGraw-Skippack, PA
Status: Complete February 2002.
|
| United States Of America v. Stephen Lynch<br>Stephen Lynch v. Omaha World-Herald
Ref: [4300]
Type Of Matter:
Internet Security/Hacking
Jurisdiction:
Nebraska - US District
Client:
Lynch, Stephen
Nature Of Case:
Internet Web security. Access to a protected Website without authorization causing damage.
Nature Of Engagement: Designated Expert.
Expert Report.
Deposition Testimony.
Review and analysis of computer hard disk, Analysis of Web Server and Firewall Logs,
Represented By:
Fitzgerald, Schorr, Barmettler & Brennan-Omaha, NE
Status: Criminal Case Complete August 2001<br>Civil Suit - Complete February 2004.
|
| State Of Washington Pl. v. Michael Leavell Def.
Ref: [4350]
Type Of Matter:
Internet Pornography
Jurisdiction:
Superior Court, State of Washington - County of Okanogan
Client:
M. Leavell - Defendant
Nature Of Case:
Internet Pornography. Unlawful Possession of Depictions of Minors Engaged In Sexually Explicit Conduct, RCW 9.68A.070
Nature Of Engagement: Designated Expert.
Expert Report.
Testimony at Trial.
Pre-Trial consulting. Acquisition of computer hard disk. Search for and analyze hard disk contents for email, browser cache contents and other files related to the action. Present testimony concerning the contents and validity of conclusions to be drawn from the contents of the seized hard disk.
Represented By:
Roger A. Castelda, Inc., P.S-Tonasket WA
Status: Complete November 2000.
|
| United States of America v. Anthony Marchand, M.D.
Ref: [4450]
Type Of Matter:
Internet Pornography
Jurisdiction:
U.S. District Court - New Jersey
Client:
Anthony Marchand, M.D.
Nature Of Case:
Internet Child Pornography. Technical issues presented by Ashcroft v. Free Speech Supreme Court Decision where Child Pornography created by virtual means is protected by the First Amendment of the U.S. Constitution.
Nature Of Engagement: Designated Expert.
Forensic Analysis of Electronic Media
Expert Report.
Testimony at Trial
Represented By:
Epstein, Becker & Green-Newark, NJ
Status: Complete October 2003.
|
| United States of America v. Ronald Elmquist
Ref: [4500]
Type Of Matter:
Internet Pornography
Jurisdiction:
US District Court - Western District of Missouri-Western Division
Client:
Elmquist, R.
Nature Of Case:
US claims that a computer siezed from Elmquist contained illegal Internet Pornography. Elmquist claims serious chain of custody issues exist with evidence.
Nature Of Engagement: Designated Forensic Expert
Forensic Analysis of Electronic Media
Expert Report
Represented By:
Wyrsch, Hobbs & Mirakain
Status: Pre-Trial discovery.
|
| Michiko Hall v. Rockwell International Corporation
Ref: [4550]
Type Of Matter:
Employment Age/Other Discrimination
Jurisdiction:
Superior Court-County of Los Angeles
Client:
Michiko Hall
Nature Of Case:
Employment Discrimination. Unlawful Termination.
Nature Of Engagement: Designated Expert.
Document discovery requirements. Review of Rockwell operations for relevant information in order to prepare production requests.
Represented By:
Dayton B. Parcells, Los Angeles, CA
Status: Complete June 1994
|
| Internet/Broadband Hardware/Software Co. v. IP Platform Co.
Ref: [4600]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
California-Northern District
Client:
Internet/Broadband Hardware/Software Co.
Nature Of Case:
Key employees move to new company. Allegations involve theft of trade secrets and proprietary knowledge.
Nature Of Engagement: Consulting Technical Expert.
Pre-filing. Examination of computer hard disk contents.
Represented By:
Orrick, Herrington & Sutcliffe-Los Angeles, CA
Status: Complete June 2002
|
| Process Specialties, Inc. - Pl. v. Sematech, Inc. - Def.
Ref: [4650]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
California-Eastern District
Client:
Process Specialities, Inc.
Nature Of Case:
Trade secrets
Nature Of Engagement: Technical Expert.
Declaration concerning the usability of certain computer file formats as a medium for data produced during discovery phase.
Represented By:
Herum, Crabtree, Brown, Dyer, Zolezza & Terpstra-Stockton, CA
Status: Complete June 2001
|
| R & R Technologies v. Westerman, Inc.
Ref: [4700]
Type Of Matter:
Theft Of Intellectual Property
Jurisdiction:
Texas District Court - Nueces County
Client:
R And R Technologies
Nature Of Case:
R and R Claims that Westerman pirated computer software and designs for hardware which constituted valuable R & R intellectual property.
Nature Of Engagement: Designated Expert.
Represented By:
The Wyatt Law Firm
Status: Complete January 2006
|
| Aguiniga, Church, Aleesa , Morgan v. Hewlett-Packard Company
Ref: [4750]
Type Of Matter:
Employment Age/Other Discrimination
Jurisdiction:
US District-Colorado
Client:
Aguiniga, Church, Aleesa , Morgan
Nature Of Case:
Employees were terminated for allegedly violating company policy concerning the use of Email system to transmit sexually explicit material.
Nature Of Engagement: Designated Expert.
Review Internet communications including email, usage and policies.
Represented By:
Secor Law-Denver, CO
Status: Complete January 2001.
|
| Jaramillo v. Ford Motor Co. et al
Ref: [4800]
Type Of Matter:
Computer Data Forensic Analysis
Jurisdiction:
California-Northern District
Client:
Jaramillo
Nature Of Case:
Ford Explorer rollover.
Nature Of Engagement: Forensic Computer Expert.
Forensic duplication of computer hard disk for analysis.
Represented By:
Stritmatter Kessler Whelan Withey Coluccio
Status: Complete June 2003.
|
| Manhattan Software v. Jean Kasem and Little Miss Liberty
Ref: [4850]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
Superior Court-County of Los Angeles
Client:
Kasem, Jean and Little Miss Liberty
Nature Of Case:
Manhattan Software claims Misappropriation of Trade Secrets and Conversion of Internet purchasing coordination software.
Nature Of Engagement: Designated Expert.
Review computer source code and related documents.
Represented By:
Krane & Smith - Encino, CA
Status: Complete September 2002
|
| Yoon Vs. Palobueno
Ref: [4900]
Type Of Matter:
Theft Of Intellectual Property
Jurisdiction:
New York-Supreme Court - NY County
Client:
Palobueno, N.V. Ltd., Falcon Properties
Nature Of Case:
Evicted tenant claims damages from landlord for lost or destroyed property including computers and intellectual property (program source code).
Nature Of Engagement: Designated Expert.
Represented By:
White Fleischner & Fino-NYC
Status: Complete February 2004
|
| Abb Power T&D Company v. Alstom ESCA Corporation
Ref: [4950]
Type Of Matter:
Theft Of Software Trade Secrets
Jurisdiction:
US Northern District-San Jose Division
Client:
Alstom ESCA Corporation
Nature Of Case:
Misappropriation of Trade Secrets.
Nature Of Engagement: Forensic Computer Expert.
Forensic Analysis of computer hard disk contents in support of trial activities.
Represented By:
Orrick, Herrington & Sutcliffe-Menlo Park, CA
Status: Complete January 2003
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Engagements:
Arbitration
N/A
Engagements:
Mediation
|
Dispute over a thirty million dollar computer system that the State of Montana contends does not perform as required. Unisys, the supplier, contended that the program worked as required.
[4400]
Jurisdiction:
State Of Montana
Client:
State Of Montana and UNISYS Corporation
Nature Of Case: State of Montana contracted for Unisys to develop a software program to handle various taxes collected by the Montana Department of Revenue, including tracking payments and account balances and processing of refunds.
Nature Of Engagement: Mediation Support.
To mediate the dispute involving damages for current delays in the project and to create a process for preventing problems in the performance of the balance of the contract.
Represented By:
All Firm
Status: Complete October 2001.
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