Law Seminars International Presents

The Unique Aspects of Software and Systems Integration Projects and the Disputes Arising from Them

Software Litigation

A Comprehensive Discussion

September 22 & 23, 2005
Sheraton Atlanta Hotel in Atlanta, GA
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Who Should Order Homestudy

In-house counsel, IP lawyers, technology executives, software and hardware manufacturers

Why Order

Corporate America spends hundreds of billions of dollars a year on thousands of software development and integration projects. Many projects will end up over budget or behind schedule. Some will fail completely. This comprehensive conference provides the opportunity for attorneys and business executives to consider the unique aspects of software and systems integration projects and to explore the entire life cycle of disputes arising out of such projects. Our panel of national experts will help attorneys and business executives draft better agreements, better prepare for potential litigation, and obtain better outcomes. The program includes panel discussions regarding common problems arising from software development agreements, the pros and cons of ADR, as well as presentations covering all major facets of preparing for and presenting a case at trial. This conference is a must for anyone who has responsibility for negotiating, implementing or resolving disputes concerning large software development and integration projects. ~ Program Co-Chairs: John P. Hutchins, Esq. and Stephen M. Dorvee, Esq.

What You Will Learn

Common Problems Arising Out of Software Development Agreements *Legal Theories and Approaches *What Makes Software Development and Systems Integration Litigation Unique? *Seminal Software Development/Systems Integration Cases *Effective Use of Expert Witnesses *Strategies for Proving/Refuting Liability *The Business Perspective on Planning a Case *Discovery of Electronic Evidence *Effective Trial Techniques in Software Cases *Remedies/Damages *Upsides and Downsides of ADR

What Attendees Said

Excellent overview, the introduction, and the presentations were wonderful. ~ This Seminar was an excellent and extremely helpful CLE class with unique topics ~ This program was full of good information, I was very impressed with the quality of the speakers ~ Excellent mix of legal, technical and policy issues, I can use this information in my day-to-day in-house work.

Agenda

Thursday, September 22, 2005
8:30 am Introduction: What Makes Software Development and Systems Integration Litigation Unique?
  John P. Hutchins, Esq., Program Co-Chair
 Troutman Sanders LLP / Atlanta, GA
  Stephen M. Dorvee, Esq., Program Co-Chair
 Arnall Golden Gregory LLP / Atlanta, GA
9:00 am Common Problems Arising Out of Software Development Agreements
  Deliverables and quality assurance; performance standards; scope of use; technical competency; lack of remedies and exit strategies; ownership of intellectual property; terms limiting liability or damages
  John Sabine DeGroote, Esq., Moderator; Deputy General Counsel
 BearingPoint, Inc. / McLean, VA
  Deliverables and quality assurance; performance standards; scope of use; technical competency; lack of remedies and exit strategies; ownership of intellectual property; terms limiting liability or damages
  David Dabbiere, Esq., Sr. VP and General Counsel
 Manhattan Associates, Inc. / Atlanta, GA
  Stephen C. Taylor, President
 VCG, Inc, / Roswell, GA
  Ed Praytor, CDP, CCP, President
 Systems Management Resources, Inc. / Marietta, GA
10:30 am Break
10:45 am Legal Theories and Approaches
  Contract and tort theories; consultant "malpractice" liability; relevance of professional standards; the role of the third-party practice; joint-venture liability
  Bruce A. Abbott, Esq.
 Munger Tolles & Olson LLP / Los Angeles, CA
12:15 pm Lunch (on your own)
1:30 pm Seminal Software Development/Systems Integration Cases
  One Atlantic Center - Fourteenth Floor 1201 West Peachtree Street, NW Atlanta, GA 30309-3488 Phone: 404.572.6600 Fax: 404.572.6999
  W. Scott Creasman
 Powell Goldstein Frazer & Murphy LLP / Atlanta, GA
2:15 pm Effective Use of Expert Witnesses
  Selecting an expert; testifying v. non-testifying; privilege issues; opposing party access to work product of testifying experts; applicability of Daubert (and its progeny) to expert opinions
  Richard L. Gabriel, Esq.
 Holme Roberts & Owen LLP / Denver, CO
3:00 pm Break
3:15 pm Pretrial Practice
  Jurisdictional issues; determining appropriate jurisdiction; enforcing forum selection clauses; choice of law; effecting service and taking discovery on non-U.S. residents (i.e. Hague Convention, etc.)
  Denis T. Rice, Esq.
 Howard Rice Nemerovski Canady Falk & Rabkin, PC / San Francisco, CA
  Protective orders; other strategies for dealing with trade secrets and other proprietary information; privacy issues for projects involving personal data
  Larry H. Kunin, Esq.
 Morris Manning & Martin, LLP / Atlanta, GA
4:45 pm Strategies for Proving/Refuting Liability
  Special evidentiary issues; the "user-error" defense; previous "failures" involving third parties; vendor admissions of "failure"; failure to use parallel systems; vendor "surveys"
  John P. Hutchins, Esq., Program Co-Chair
 Troutman Sanders LLP / Atlanta, GA
5:30 pm Reception for Faculty & Attendees
  Sponsored by Arnall Golden Gregory LLP and Troutman Sanders LLP

Friday, September 23, 2005
8:30 am The Business Perspective on Planning a Case
  Case managment tips; choosing, managing and evaluating outside counsel
  J. Henry Walker, IV, Chief Litigation Counsel
 BellSouth Corporation / Atlanta, GA
9:00 am Discovery of Electronic Evidence
  Discovery issues and management of electronic media; physical inspection of the adversary's computer system; tools for managing and analyzing electronic evidence
  Stephen M. Dorvee, Esq., Program Co-Chair
 Arnall Golden Gregory LLP / Atlanta, GA
  Bret A. Fausett, Esq., Partner
 Hancock Rothert and Bunshoft / Los Angeles, CA
10:30 am Break
10:45 am Effective Trial Techniques in Software Cases
  Communicating with juries: Making a jury care about a purely commercial dispute involving highly technical issues of proof
  Bryan Harston, Managing Director
 FTI Consulting, Inc. / Dallas, TX
  Dale Cendali, Esq.
 O'Melveny & Myers LLP / New York, NY
12:00 pm Lunch (on your own)
1:15 pm Remedies/Damages
  Applicability and potential remedies under U.C.C.; availability of "refund of purchase price"; enforceability of limitations; availability of fraud damages and negligence damages; enforceability of attorneys' fees provisions
  Eric J. Marandett, Esq.
 Choate Hall & Stewart LLP / Boston, MA
  Selecting computer models for calculating damages; assessing the strengths and weaknesses of your opponent's model: proving lost profits for an "emerging business"; quantifying loss of productivity damages
  Ian Ratner, Principal
 GlassRatner Advisory & Capital Group LLC / Atlanta, GA
2:45 pm Break
3:00 pm Upsides and Downsides of ADR
  Advantages/disadvantages of arbitration in IT disputes (really "faster, cheaper, better"?); renegotiation v. litigation; creative settlement possibilities; licensing giveaways; credits; free maintenance; importance of timing regarding settlement and ADR
  John F. Anderson, Esq., Moderator
 Troutman Sanders LLP / McLean, VA
  Phillip Y. Brown, Esq.
 Adler Pollock & Sheehan P.C. / Boston, MA
  Michael Allan Gold, Esq.
 Jeffer, Mangels, Butler & Marmaro LLP / Los Angeles, CA
  Lawrence A. Slovensky, Esq., Assistant General Counsel
 EarthLink, Inc. / Atlanta, GA
4:00 pm Ethical Considerations in Software Litigation
  Ex-parte communications with former employees; whether third-party witnesses need their own lawyers; the ethical considerations of pursuing a "novel" legal theory; representing troubled companies-when is it too late to withdraw?
  Daniel A. Kent, Esq.
 Jones Day / Atlanta, GA
5:00 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: GA CLE 14.0 inc 1 ethics | MN CLE 14 inc 1 ethics | OH CLE 14 inc 1 ethics | (Call about others)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Stephen M. Dorvee, Program Co-Chair, Partner and Chair of the Arnall Golden Gregory LLP Intellectual Property and Technology Practice Group, has extensive experience in computer and internet related litigation.

John P. Hutchins, Program Co-Chair, Partner, Troutman Sanders LLP, focuses his litigation practice on software development and licensing, systems integration, privacy and other computer and internet related issues. He was recognized as a 2005 Super Lawyer by Law & Politics and Atlanta Magazine for IP and Business Litigation excellence.

John F. Anderson, Moderator, Partner, Troutman Sanders LLP and member of the firm's Intellectual Property and Complex Litigation Practice Groups, has extensive experience in software development and other computer-related disputes, including recent representation of Geico in high profile litigation against Google. He was named as one of Virginia Business magazine's Legal Elite in civil litigation in 2004.

John Sabine DeGroote, Moderator, VP, Deputy General Counsel and Chief Litigation Counsel, BearingPoint, Inc., has primary responsibility for the Company's worldwide litigation docket and litigation prevention strategies.

Bruce A. Abbott, Partner, Munger Tolles & Olson LLP focuses his practice on complex business litigation with an emphasis on technology and IP.

Philip Y. Brown, Partner, Adler Pollock & Sheehan P.C'.s Litigation Group, practices commercial litigation (trial and appellate), with a focus on complex business matters.

Dale Cendali, Partner, O'Melveny & Myers LLP, heads the New York IP Department and Chairs the Copyright,Trademark and Internet Practice Group. She was named by the National Law Journal as one of "America's Top 50 Women Litigators."

W. Scott Creasman, Partner, Powell Goldstein LLP, handles complex commercial litigation with an emphasis on intellectual property and technology matters involving patents, copyrights, trademarks, trade dress and trade secrets.

David Dabbiere is Sr. VP and Chief Legal Officer of Manhattan Associates, Inc. He is responsible for all of the Company's legal matters including licensing, litigation and intellectual property. Previously, he was Associate General Counsel - Patents for the Procter & Gamble Company.

Bret Fausett, Partner, Hancock, Rothert & Bunshoft, LLP, tries business and intellectual property cases, including the representation of software developers and purchasers involved in disputes over customized software and systems. He is admitted to practice before all the state and federal courts in California and Nevada.

Richard L. Gabriel, Partner, Holme Roberts & Owen LLP, practices in the areas of general and complex commercial litigation, IP litigation, and products liability litigation, including class actions and appeals with substantial experience in the litigation of contracts involving IP and technology.

Michael Gold is a senior partner in the Litigation Department and Information & Technology Group of Jeffer, Mangels, Butler & Marmaro LLP. His emphasizes complex business litigation, alternative dispute resolution and transactions involving closely-held businesses, partnerships and joint ventures in the software, high technology, managed healthcare and insurance industries.

Bryan Harston, Managing Director, FTI Consulting, Inc., is a former litigator and patent attorney. He is admitted to practice law before the U.S. Patent & Trademark Office and the state bars of Texas and Colorado.

Daniel Kent, Jones Day, practices in the field of IP litigation and counseling, including patent, copyright, trademark, and trade secret matters involving a wide variety of technologies and industries, including information technology, biotechnology telecommunications, and printing with extensive experience in conducting and managing all aspects of large-scale patent and trademark infringement cases.

Larry H. Kunin, Partner, Morris, Manning & Martin's litigation group, focuses his practice on technology, computer, and IP litigation, including trademark, trade dress, copyright, patent and trade secret litigation with clients ranging from large publicly traded technology companies, including Microsoft and McKesson Information Solutions Inc., to startup companies and individuals.

Eric J. Marandett, Member, Choate, Hall & Stewart's Intellectual Property Litigation Practice Group and Litigation Department, has extensive experience in IP matters with an emphasis on patent infringement litigation.

Ed Praytor, CDP CCP is President of Systems Management Resources, Inc. He specializes in software quality, consultant E&O, internet and intellectual property disputes. An arbitrator for the American Arbitration Association since 1990, and a mediator since 1986, he specializes in information technology cases. Widely published on software-related matters, he has 19 industry publications to his credit.

Ian Ratner, GlassRatner Advisory & Capital Group LLC, has extensive experience as a Forensic Accountant and is nationally recognized as an expert in this area. He has been the lead professional on high profile and complex assignments from international money laundering investigations, failed transactions, SEC investigations, countless financial reporting frauds, lost profits/damages cases and bankruptcy investigations.

Denis Rice, Founding Member, Howard Rice Nemerovski Canady Falk & Rabkin, PC, practices in a broad range of legal areas, and has been listed in Best Lawyers in America as a corporate lawyer, business litigator and, most recently, as a cyberlawyer. His experience includes corporate and securities matters, internet and E-commerce law.

Larry Slovensky, Assistant General Counsel at EarthLink, Inc., has full responsibility for all of the company’s litigation and alternative dispute resolution matters, including IP litigation, class action defense, general commercial litigation and lawsuits against spammers and phishers.

Steve C.Taylor, President, manages the day-to-day operations of VCG, Inc. He has more than 20 years' experience in the software industry, with 17 previous years in management positions.

J. Henry Walker, IV, Chief Litigation Counsel for BellSouth Corporation, directs a team of lawyers and paralegals responsible for litigation involving BellSouth and its subsidiaries. He was formally a partner in the Kilpatrick, Stockton LLP Litigation Group, President of the Younger Lawyers Division of the State Bar of Georgia and is a member of the Board of Governors of the State Bar of Georgia.