Engagements have included the following issues:
- Website disputes
- Best practices software licensing
- Copyright disputes
- License valuations
- Hi-jacked website traffic disputes
- Website traffic for IP addresses
- Unique visitor Analysis
- Website advertising rates
- Search engine optimization
- Search engine methodologies
- Software development costs
- Best practices for Internet advertisers
- Best practices for Internet publishers
- Patent license fees
- Patent infringement
- On-line advertising
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Law Firm Engagements
•Allen Dell, P.A.
Breach of contract on a SDK license. Prepared rebuttal report, deposition and
prepared for trial testimony.
•Arnold Porter LLP and Norris Keplinger & Logan LLP
Analyze a $20 million business and determine if business would have grown to $100
million, but for defendant’s refusal to sell them a patented product. Examined all
documents such as financials, bank loans, management, business plans, capital
formation documents and board decisions.
•Farella Braun & Martel LLP
Examine software license and services agreement for compliance with purchase
and placement of advertising on Websites. Provide expert report, deposition and
trial testimony.
•Howrey Simon Arnold & White
Examine software best practices of enterprise software developer and methods of
measuring license requirements, measurement data, and verification of software
use, functionality and conformance with contract purchase development
specifications.
•Crosby Heafey Roach & Smith
Examine license agreement for conformance to specifications, verification of
software documentation instructions, verification of software and wireless
computer product use and determine value of software.
•Crosby Heafey Roach & Smith
Examine license agreement for conformance to specifications and software
distribution rights.
•Manatt Phelps & Phillips LLC
Examine license agreement and software for conformance to specifications,
analyze customer software purchase levels for various levels of product upgrades,
determine the number of customers that would have upgraded, but for the licensee’
s inappropriate software distribution.
•Cotton & Gundzik
Examine co-branding of website and business loss due to inappropriate distribution
of website software.
•Michael Best & Friedrich
Examine websites for duplication of code and ownership of various software
website commerce and affiliate development components.
•Grey Cary Friedenrich
Examine license agreement and software for conformance to contract
specifications for functionality and use.
•Cooley Godward LLP
Examine license agreement and software for conformance to contract
specifications for functionality and use.
•Thelen Reid & Priest LLP
Examine sales of software from a reseller, but for developer’s refusal to supply
current versions, ability of distributor to manage software through normal sales
channels, value of software and quantity that would have been sold, but for
software developer’s actions.
•Law Office of Mick Lerner, PA
Determine the value of a technology business.
•Ascano & Campo LLP
Determine business value of video compression software had venture capital firm
invested in startup and provided initial funding.
•Morrison & Hecker
Determine value of founders equity share in the business had the founders had an
agreement in writing for equity ownership, determine share price and actual total
share ownership under premature departure of one of the cofounders.
•Schlagel Damore & Gordon
Determine value of enterprise software to licensor where licensee had developed a
derivative product, examine business history, development and reproduction costs.
•Steefel Levitt & Weiss
Examine license agreement and software for conformance to contract
specifications for functionality and use.
•Boies, Schiller & Flexner LLP
Examine license agreements for derivative product rights, best practices with
respect to derivative products, conformance to license agreement specifications for
software development, use and distribution.
•Heller Ehrman White & McAuliffe
Determine the presence of secondary considerations for establishing patent
validity.
•Law Offices of Jeffery P. Widman
Examine issues of sale of goods, distributor revenue sharing and pricing with
respect to industry practices for software licensing and distribution agreements.
•Latham & Watkins LLP
Examine source code and object code license agreements and investment letters of
intent surrounding a software licensing dispute.
•Nixon Peabody LLP
Engaged as a consultant to examine a series of software license agreements for
compliance.
•Jenkens & Gilchrist LLP
Examine issues relating to licensing software for upgrade, pricing practices and
software license assignment rights.
Official site of Robert J. Sherwood Business Author, Consultant, Expert Witness
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