Litigation Resume of Warren S. Reid Introduction www.wsrcg.com (818) 986-8842 wsreid@wsrcg.com Following a distinguished career as a management and computer technology consultant and partner at an international consulting firm, Warren S. Reid founded WSR Consulting Group, LLC in 1988 a firm specializing Computer Crisis Consulting and as Expert Witnesses in Software Failure and IP Infringement Litigation Matters. WSR Consulting Group, LLC are consultants & expert witnesses in computer system turnarounds, software projects, software failures, high-tech, and IT intellectual property matters. We provide expert guidance for expert guidance re on-going IT “runaway” projects, and persuasive expert reports / testimony in litigation matters involving software IP infringement, large-scale system failures, and software development projects. The Expertise page on www.wsrcg.com explains our experience in over 50 litigation cases at all levels of courts, including arbitration and mediation involving a broad range of issues, such as: Large-Scale Project Cost And Schedule Estimation Project Management, Planning and Schedule Tracking Project Staffing and Executive Management Risk Management and Quality Management Scope Management and Configuration Management Contract Audits, Crisis Management and Dispute Resolution Test Planning, Execution, and Acceptance Management Architecture, Design, and Software Engineering Post Go-Live Operations, Implementation and Staffing IT Intellectual Property Infringement Visit the Consultants page on www.wsrcg.com to find out about the extensive hands-on experience of our experts in large-systems projects, development methodology, programming code, software testing and acceptance, data conversion, data warehousing, quality assurance, golive implementation, IT staffing and operations. Visit the Services page on www.wsrcg.com to learn how our expert witnesses rely on deep experience, strong expertise, and the latest computer forensic techniques to quickly discover and prove IP misappropriation, and uncover the root causes of software failures, computer failures, project failures in terms of quality, cost, schedule, functionality, performance and resources. Visit the Clients page on www.wsrcg.com to see which law firms and companies rely and trust our experts. We know what makes large-scale high-tech and computer systems projects succeed and what makes them fail. If a project is failing, we can advise on how to turn it around. If a project has failed then we can determine the root causes and faults. Biographical Summary Mr. Reid has been involved in conceiving, designing, programming, accepting, implementing and tuning large-scale systems and software projects in crisis situations, such as helping create and (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 1 of 7 launch the Federal Energy Office for President Jimmy Carter in 75 days, and overseeing the testing and acceptance of California’s Lotto Lottery games in just 100 days. He also was the principal author of one of the world’s first large-scale Software Development Life Cycle methodologies, which evolved into “Method/1,” which is still used internationally by some of the world’s largest software entities today. Since 1988, Mr. Reid has specialized as an expert, special master and “expert witness” in litigation matters involving the liability issues in large-scale systems failures, software failures, and IP disputes. He has been recognized and accepted as and expert in the computer, software, systems and high-tech arenas in courts and arbitrations in the United States (state courts, federal courts, and the Court of Federal Claims), Canada, Asia and Europe. Mr. Reid is the author of over seventy-five published business articles, quoted in numerous books and world class newspapers and magazines worldwide, and is the co-author with Michael D. Scott, Esquire, of a best selling book: “The Year 2000 Computer Crisis: Law, Business and Technology.” He is a often-requested keynote speaker at major international IT law conferences, and the co-founder of several international law groups and events including the “World Computer Law Congress” and the 2005 International IT Law Conference. He also appears from time to time on radio and CNN as an expert in the systems and technology fields. His articles on system and software failure and related litigation and dispute resolution have be translated into several languages and used worldwide. The scope of the systems that Mr. Reid and WSR Consulting Group, LLC, have built, written about, and testified on crosses multiple industries, and includes large: New economy, Internet, and e-systems, (i.e., e-commerce, B2C, B2B, On-line Service providers, aggregators, etc.) Legacy mainframe systems Three-tiered host-client-server architecture Distributed systems and databases Networked PCs (including wide-area, local-area, and satellite networks) Web-based systems (including e-commerce, e-business, online services, and websites) Multi-state, multi-level Point-Of-Sale (POS) systems Robot controlled manufacturing facilities and army bases Enterprise Resource Systems (such as SAP and Oracle) Specialized high-technology hardware, software, operating systems, CASE tools, platforms, and configurations Selected Litigation Experience Engaged by a US manufacturer/distributor of custom products in a dispute involving a failed Oracle Enterprise Resource Panning (ERP) system and its Big 5 consulting systems integrator. Our report and testimony showed project was poorly managed, did not follow promised or industry standard methodologies, was never completely tested, and used unacceptable data conversion and systems implementation methods. Engaged by a pure Internet service and content provider to defend against stockholders claiming failure to adequately disclose major changes in its technology strategy in its Prospectus. Demonstrated changes were evolutionary, concurrent and compatible with the development of the Internet, and were disclosed consistent with industry common practices. (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 2 of 7 Engaged by a pure dot com company sued by shareholders after their IPO value dropped considerably, for allegedly releasing poor and untested Internet service product(s). Reports and testimony demonstrated that the systems were well architected and designed, tested, and released following better than industry accepted practices in: quality assurance; project organization and management; acceptance, alpha and beta test release criteria; and post production help desk and defect correction/control. Engaged by a major utility company that was delivered highly customized software developed by a celebrated international systems integrator. The integrator had allegedly failed to design and implement a Human Resources system.on schedule. The system was also purportedly “unworkable”. We reviewed the project management processes promised versus those used. Our findings and conclusions were a major element in settlement discussions very favorable to our client. Engaged by a Fortune 500 Company that hired a Big 5 consulting firm to develop a complex, international, large-scale system to automate all aspects of their business. Over $50,000,000.00 was paid to the consultants for a system that was never properly and professionally delivered. Areas in our expert report covered: the role of the System Integration Project Manager; control over sub-contractors; the stability, performance, functionality of the system; issues of scope creep; the design/use of the Oracle data base; and readiness to go live. Engaged by multiple insurance companies in Y2K “sue and labor” matters. Bottom line -- clients were sued for $73,817,594.00. Amount paid: $0.00. Engaged in multiple cases by plaintiff and defense attorneys as a strategist and expert in matters involving fitness and production readiness of allegedly failed: smart buildings (clothing and machine manufacturing); robots; automated storage/retrieval systems; automated guided vehicles; complex logistics algorithms; RF devices; simulations, etc. In one such case, testified in the U.S. Court of Federal Claims, opining on the use of Department of Defense standards, Military Spec. Standards, and I.E.E.E. Standards for software development, quality assurance, testing, and more. Engaged by an international medical company’s plaintiff attorneys in a matter involving a system developed by a major outsourcer. Our research, report, and testimony helped show that the system developed was not of workmanlike quality, was not built using the outsourcer’s “System Life Cycle Methodology” or any industry standards, and did not work. Engaged by an international fast food company’s defense attorneys to prove that an integrated POS system that was never installed by the integrator plaintiff company was fundamentally flawed, would never have worked, was not fault tolerant, couldn’t handle peak performance, and was inappropriate for intended environment. Also testified on contractual issues. Engaged by a new Asian stock exchange to determine whether or not said exchange had a viable claim against its computer systems vendors, developers and integrators. Issues resolved including as-promised design vs. as-produced design, project management and budgeting/estimation issues, poor quality of system, readiness to go live, and contract interpretation. Case is currently pending. Engaged by plaintiff attorneys for a large magazine subscription company (with very complicated data base requirements) against an integrator/developer. Case settled at very favorable terms to plaintiff. Involved source code issues, quality of design and implementation, year 2000 issue, recovery and restart failure, performance, and other issues. (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 3 of 7 Engaged by a foreign government to consult in litigation involving an allegedly failed system to automate a complex, state-of-the-art federal employee payroll system. Case includes project management, risk management, configuration management, estimation, design and staffing issues plus all aspects of quality assurance. Case is currently pending. Engaged by defense attorneys in a pending foreign matter as a strategist and expert in a large-scale provincewide healthcare reimbursement and information system. Likely testimony to cover cause of delays, poor quality in testing, unsuitability for intended purpose, not ready to go live, and cause of cost overruns. Engaged in matters involving launches of new hi-tech products (both with and without competition). Established and opined on "best efforts vs. actual efforts", market size/share potential, and royalty and damage calculations. Engaged by defense attorneys as consultant/expert witness in matters involving over $100,000,000 for breach of contract in development of special statewide computer system. Established that, in fact, plaintiff vendor "with knowledge": severely underestimated project; assigned inadequate staff; didn't understand requirements; designed/developed poor quality system; didn't adequately test system; and that system wouldn't have worked. Engaged in multiple international matters involving the manufacture and quality of PCs and large client/server hardware and components. Prepared written testimony on: testing; ISO 9000 compliance; manufacturing standards and assembly practices; Quality Assurance; industry standards; and readiness and fitness of the products. Engaged by plaintiff attorneys in matter involving whether hi-tech products that permit the unlocking of certain security devices (hardware locks) on PCs should be allowed into the U.S. Delivered written testimony and proofs that there exists a "substantial legitimate commercial purpose" for the product Engaged by attorneys as strategist/expert in multiple matters re complex POS (Point of Sale) systems for large restaurant chains and multi-state retail chains. Developed standards/models for proving delivered systems met contract and industry standards; and that "the software worked; the hardware worked; the users liked it" despite existence of "acceptable" defect levels. In other matters, we proved contract was breached. Engaged as consultant in RICO, malpractice, and fraud matter against management and auditors in large, bankrupt national retail chain. Established key standards of reasonable behavior for officers/directors/auditors in extant case. Provided consulting insight for a matter involving unclear contract between service bureau and multi-state agency. Clarified contract's meaning, and identified software modules to be turned over to agency at contract's end. Consultant and expert witness in case involving failed Savings and Loan suing systems integrator/vendor for faulty systems solution. Represented both defendant and insurance company. Established damage ceiling and that solution would have worked had plaintiff allowed defendant to properly install/test system, and train users. Consultant/expert in insurance bad faith matter re loss of intellectual properties, business and technical records, and eventual business failure after vandalism. Established long term business viability of plaintiff by developing creative model for successful government sub-contracting entities. Also, developed alternative damage strategies. (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 4 of 7 Engaged by plaintiff's attorney as expert to assist in liability and damages aspects in contract matter re calculation method, accrual, and royalty payments due software developer from major software developer/distributor. Opined on contract clauses; developed basis for identifying royalty triggering mechanism and calculating damages Engaged as consultant to discover if new technology patent was infringed by competitor hiring former employees. Appointed Special Master to the Court in determining/opining on whether proprietary software had been stolen (illegally copied) and was being illegally used by a competitor. Solution involved high-tech sleuthing. Engaged as an expert and strategist in a matter re: complex misappropriation of trade secrets issues, bad faith rejection of a software co. purchase, and opining on reasonableness of due diligence, systems tests, and grounds used to reject deal. Developed Damages in matters involving: Contract Breach; Patent/Intellectual Property Misappropriation; Bad Faith; Best Efforts; Lost Profits; Reasonable Royalties; D&O Liability; Market Potential/Size; Bankruptcy. Consulted to plaintiff's counsel on anti-trust matter where offending contract language forbade a predominant retail distributor of microcomputer software from selling the plaintiff's products. Researched and documented available distribution alternatives to show that no other "viable" opportunities existed at the time. Consulted to Creditors' attorney regarding a UNIX-based software development firm in Chapter 11. Based on document reviews and attorney and management interviews, recommended company be liquidated immediately. Consulted on, or managed Claims Administration systems and functions in large class action lawsuits. Other Relevant Consulting Assignments Developed strategy/business plans and co-chaired Management Steering Committees to assist in corporate growth, reorganization, merger and acquisition, and raising capital for companies. Responsible for recruiting/negotiating the hire of a dozen CEOs/top managers to help lead newly formed, redirected, or rapidly growing companies. Managed complete micro‑ , mini‑ , and mainframe systems solutions from concept through planning, design, selection, development, testing, acceptance, implementation and rollout, for over 100 companies in a dozen industries including: healthcare, restaurant, manufacturing, wholesale distribution, retail, government, finance, not-for-profit. Experienced with all aspects of the system development lifecycle, project management, resource planning, system integration, and performance measurement. Results included large improvement in clients' planning, operations, control, accounting, and profitability. Negotiated dozens of successful high technology contracts. Responsible for overseeing testing and acceptance of California Lottery's automated LOTTO games plus the development of controls, procedures, and guidelines to prevent annual losses from potential fraud and abuse. Other Activities (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 5 of 7 Developed a breakthrough, comprehensive manual, Affirmative Duties of Officers and Directors in U.S. Companies, used as a cornerstone guide in litigation support matters at Laventhol & Horwath. Frequent keynoter, speaker, or seminar leader for CalTech, International Computer Law Forum, World Computer Law Congress, International Exhibition and Conference on "Software Testing", Executive Insurance Institute; Academy of Interactive Arts and Sciences; Computer Law Association; numerous Bar Associations; American Bar Association; Association for Computing Machinery; Data Processing Managers Association; Quality Assurance Institute and more. Former member of International Computer Negotiations (ICN) Masters Program Faculty teaching hi-tech contracts, and complex testing/performance strategies. Former Information Systems Editor of High Technology Procurement Magazine. Former bi-monthly columnist on Y2K issues for The Enterprise Systems Journal. Experience WSR Consulting Group, LLC, Los Angeles, California Founder and Managing Director 1988 - Present Laventhol & Horwath, Los Angeles Senior Principal-in-Charge of Information Systems Consulting for the Western Region. 1980 - 1988 Arthur Andersen & Co., Los Angeles & New York Manager in Management Information Consulting. (Advanced from staff consultant) 1972 - 1980 Education Wharton Graduate School of Finance, Philadelphia, Pennsylvania MBA in Management Information and Control, 1972; MS in Accounting, 1971 Baruch College (City College of New York), New York, New York Bachelor of Business Administration (BBA), 1970 (accounting major - first in class) President, Beta Alpha Psi (National Honorary Accounting Fraternity) Winner of National Beta Alpha Psi Award for Excellence in Accounting Member of Beta Gamma Sigma (National Honorary Business Fraternity) Winner, New York State Regents Scholarship Affiliations And Publications Earned Certified Software Test Engineer (CSTE) designation from the Quality Assurance Institute (QAI). Achieved Certified Management Consultant (CMC) designation-Institute of Management Consultants - 1990. Earned Certified Fraud Examiner (CFE) designation - National Association of Certified Fraud Examiners - 1989. (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 6 of 7 Former Executive Committee Board member of the CalTech-MIT Enterprise Forum. Former Contributor and Reviewer for "Software Cost Estimating Improvement Initiative" - at Carnegie Mellon’s Software Engineering Institute. Former Co-Chairman and Co-founder of The Southern California IMPACT RoundTable with Richard Bernacchi, Esq. Former Board Member: Academy of Interactive Arts & Sciences; Cal-Tech/MIT Enterprise Forum; Century City Chamber of Commerce; SFV Cultural Foundation; City of Hope Tech Committee; CompuTalk - a high-tech company. Former or current member of: Los Angeles Bankruptcy Study Forum; Wharton Club; Quality Assurance Institute; IEEE; Southern California Quality Assurance Association; Computer Law Association - associate member. Co-Founder/Vice-Chair of World Computer Law Congress. Co-organizer/Host for International Conference on Computers and the Law - 1988, and IBM-RACF Users' Conferences - 1990, 1992. Co-founder/Board Member of ProTEC (Professional Technology Executives Co-op). Co-author with Michael D. Scott of: The Year 2000 Computer Crisis: Law, Business, & Technology, (original and two updated versions), Published by Glasser LegalWorks, 1998, 1999. (ISBN#1-888075-68-6) Phone: (800) 890-1700. Author of: The Year 2000 Computer Crisis: A Director & Executive Management Guide, Published by The Information Management Forum, 1997. (ISBN#1-55711-172-3) Phone: (770) 455-0070. Author of The Millennium Mandala (distributed worldwide), and the well-received and translated work, The Year 2000 Titan. Over 75 published business and technology articles including topics covering high-tech contracting; large-scale system development and project management; contract analysis; successful systems selection, analysis, design, implementation, defect prevention, quality assurance, testing at all levels including integration, acceptance and performance testing, and outsourcing: valuing companies; officer and director obligations; executive decision-making; using expert witnesses; and more. Interviews syndicated in 150 newspapers. Authored business book chapters. Former Guest Technology Commentator for KGIL Talk Radio. Author of "rfp/MASTER: the Complete Management System for Successful Vendor Selection & Systems Implementation". Former columnist for The Enterprise Systems Journal. Former member of the Editorial Advisory Board of The Year 2000 Journal. Former member of the Board of Editors of the Y2K Counselor. Guest expert commentator for radio talk shows. Guest Y2K expert commentator for CNN. (818) 986-8842 ▪ (818) 986-7955 fax ▪ wsreid@wsrcg.com ▪ www.wsrcg.com 4273 Noeline Avenue, Suite 200, Encino, California 91436 Page 7 of 7