Case Studies

Computer Software Disputes

  • Arbitrated claims relating to certain software solutions provided under a statement of work with non-payment by respondent.
  • Mediated dispute between medical practice with workers compensation patients and medical records and billing software provider with allegations that vendor had promised automated completion of patient information into an electronic medical records platform using a “smart form” which was never achieved leading to breach of contract, fraud and gross negligence allegations due to excessive costs caused by the need for manual entries, with limitation of liability clause issue.
  • Mediated a software licensing dispute regarding encryption software for a new proposed crypto-securities exchange that would operate in part on iOS and Android mobile phones.
  • Mediated a cryptocurrency and Blockchain dispute involving competing claims between former employees and startup developer of Blockchain software and infrastructure arising from alleged failure of the developer to pay compensation and allocate tokens from an Initial Coin Offering.
  • Arbitrated claims between an online product seller and an online selling platform for breach of the terms of service agreement and a counterclaim for fraud.
  • Arbitrated claims between an online retailer and an online payment processor and a credit card company for allegedly improperly terminating the claimant under the terms of service agreement for alleged improper activity.
  • Arbitrated claims concerning fees owed on a software licensing agreement in a clickwrap license in a web application involving referrals of borrowers to lenders.
  • Mediated a legal malpractice action allegedly arising from negligent drafting of claim language in a cybersecurity patent, allegedly leading to loss of royalties from private cloud providers.
  • Handled a matter between U.S. and Chinese medical device manufacturers, relating to competing $100 million patent infringement involving a software algorithm, international sales contract and antitrust claims, including extensive patent, antitrust and contract damages analysis.
  • Handled a matter involving patent infringement claims and antitrust counterclaims, including patent and antitrust damages analysis, between two developers of software solutions that enhance the performance and capabilities of IBM Cognos business intelligence software.​
  • Handled an antitrust price fixing class action alleging agreements between online travel companies and hotels regarding the retail prices for online hotel room reservations.
  • Handled a matter involving a $100 million accounting malpractice action against a national accounting firm including errors in the installation of a major Oracle ERP system impacting financial statements, customer relationship management, and supply chain management.
  • Handled a matter involving an $8 million claim regarding a merger and acquisition transaction involving the sale of an Oracle ERP computer software applications services business with a deferred purchase price agreement.​
  • Handled a matter relating to antitrust allegations regarding a joint venture between a Japanese firm and a United States firm in the computer products industry.

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