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Computer Systems Mis-Performance

Computer Systems mis-performance is a frequent event. This together with the virtually ubiquitous use of computer systems in most organizations and all business firms, small to very large, is spawning an increasing backlog of litigation.

Tort or malpractice litigation in this area is hampered by the complexity of the technology, the obscurity of the computer lingo, and the fact that computers are very good at generating IMMENSE amounts of paper that clog up even the best organized discovery process. For instance, in a case we were recently involved with, a single witness delivered 40 megabytes of electronic mail in print to opposing counsel.

40 megabytes correspond to roughly 20,000 pages para-legals had to wade through. To make matter worse, such e-mail is usually replete with repetitions and trivia, disproportionately increasing the cost of obtaining useful evidence.

Litigating a computer systems or product case, whether it is a class action on behalf of a large number of customers who purchased a defective product, or a tort case on behalf of a business which has been woefully damaged by a misperforming computer system, without integrating in the litigation team an experienced computer systems design engineer runs risks that are comparable to performing brain surgery without a seasoned and experienced neuro surgeon on hand. For example, in a case we were recently involved with, we were called in after five years and many alleged experts on both sides failed to find out what went wrong with an order processing system. The system was so faulty that it put the user (a wholesaler) out of business in less that a year after the system was installed, destroying an enterprise which had been thriving for the preceding half a century. The root cause of the failure of this system could be and was discovered, once proper expertise was brought to bear, in a matter of a few days of work! Our fees paled when compared to all the moneys which had been expended with no results in the previous five years!

GSG, Inc. can help your litigation team have a cost effective discovery phase and a winning case against suppliers who have neglected their duties.

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