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Expert Testimony

Modern technology is complex.  It is complex of itself, and also with regard to business practice that has evolved in technology businesses.  Management of modern technology, and management of modern technology businesses, have become the domain of specialists.

When disputes occur, it is frequently the case that litigants seek to inhibit clarity through use of arcane language and through reliance on concepts obscure to non-specialists.  It is our function to isolate and bring clarity to points of substance, clearly identifying questionable representations and attempts at special pleading.

We place a very high premium on clarity of written and oral submissions.  Our writing style is clear and concise.  Our speaking style is also clear and concise.  We are experienced in adversarial defence of contentions and positions.  We hold that it is possible to render descriptions of complex technologies and complex processes in clear, simple language without compromising rigour.

Our senior staff comprises scientists and engineers who have held senior commercial accountabilities in international technology industries.  This allows us highly informed perspective on technology, business process, finance and investment.

Recent examples of expert opinion and testimony assignments include the following :

  • Assessment of technical feasibility of a radio communications system

  • Assessment of financial viability of a local access network company

  • Assessment of regulatory permissibility of a proposed telecommunications operator’s plans

  • Assessment of adequacy or otherwise of specification of a consignment of mobile communications handsets, and provision of opinion regarding adherence of the handsets to industry standard recommendations

  • Assessment of potential damage to a major international data communications carrier by a small independent carrier allegedly usurping a trademark name

  • Assessment of adherence to terms of mobile licences

  • Assessment of likely effectiveness of proposed telecommunications legislation against stated market governance objectives

  • Assessment as to the admissibility by a telecommunications regulator of services similar to, rather than identical to those mandated in a telecommunications licence

  • Assessment of applicability of Significant Market Power designation to a telecommunications operator

  • Assessment of the commercial effects of imposition of a Universal Service Obligation on a telecommunications operator

  • Assessment of adherence to the terms of Build Operate Transfer concessions by two mobile operators

  • Assessment of obligation or otherwise to transfer specific assets pursuant to termination of a Build Operate Transfer concession

  • Assessment of contractual definitions of software source code, software object code and software run-time executables

  • Assessment of contractually-defined alleged linkages between Internet Domain Names, publicly visible Internet Protocol Addresses and Intranet usage of  "Invisible" Internet Protocol Addresses

In addition to our specific work in litigation, we have a parallel practice in investment analysis and appraisal.  In technology, this includes assessment of viability of technical products and of technology companies.  In business, it includes assessment of adherence to best practice and to standard industry methodologies.  In finance, it includes forward assessment of likely performance and likely capital investment requirements of specific initiatives.  Investment business processes are adversarial.  Project “Champions” are mandated to defend proposed initiatives against informed critique of  Investment Committees.  We have extensive experience of these processes.

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