If new information systems show deficiencies which significantly impair the operating procedure, the following questions will frequently arise:
- Are they user errors or are there any errors within the program or the hardware?
- Will the continued use of the system pay off or do the deficiencies show that the system cannot be used productively?
- If several suppliers are involved, e. g. in the categories hardware and software, the following question might arise: Who is responsible for performing error correction measures?
A corresponding examination defines clearly who is responsible for the error and what are its consequences. Within the context of such examination, the EDP experts Streitz draw on their extensive experience in court acquired from a total of far more than 1,000 proceedings to establish the corresponding evaluations.
Preparation of expert reports for the courts
Our Services
- Recording and documentation of the error situation
- Comparison of the ascertained deficiencies with the contractually agreed services or features that are obligatory for comparable systems
- Delimitation of system and user errors
- Ascertainment of the error cause where required for establishing responsibilities
- Examination of workarounds
- Examination and evaluation of error correction measures
Litigation support
Our services
- Identification of clear and easily comprehensible points of argument
- Proper formulation of expert witness questions
- Technical refinement of the presentation
- Development of well-founded expert statements
Preservation of evidence
Our services
- Recording of the current state (hardware, software, network, data, documentation, and, if applicable, organizational integration)
- Creation of complete documentation
- Comprehensive preservation of the system’s state and storage on appropriate data carriers
- Clarification of the impact of intended system changes
- Support in restoring the original state
Backup and analysis
Our services
- On-site identification of relevant data
- Securing information through data backup or removal of data carriers
- Compilation and copying of secured information onto appropriate data carriers while preserving the original state
- Virus scanning
- Preparation of inaccessible data sets
- Identification of data for further analysis through automated search and indexing processes based on experience, sensibly supplemented by client specifications
- Preparation of program and data sets for further processing, including reinstallation of system components
- Provision of important data in formats compatible with common application software or in printed form
Solution of IT-supported defalcations and fraudulent acts
Our services
- Conducting evidence preservation (workstations, systems, documents) with immediate — including covert — on-site inspection
- Selection of essential documents and information to reduce the volume of data and focus on the objectives agreed upon with the client
- Creation of durable data carriers (CDs, DVDs) with accompanying documentation
- Investigative activities
- Evaluation of procurement measures, projects, and services
- Analysis of application data
- Identification of access points
- Proposed solutions to prevent such actions in the future
- Verification of compliance with regulatory and procedural standards
Continue reading “Solution of IT-supported defalcations and fraudulent acts”
Assessment of position
If litigation is imminent or foreseeable, the strength of one’s position is crucial. Conducting a legal dispute involves considerable internal and external resources so that a prior risk analysis avoids surprises. Apart from the determination of the technical facts, the provability of errors plays a key role. The complainer should be able to reproduce errors to minimize the risk of being unable to produce proof. Another important component of risk reduction is the conclusive deduction of the target state from the agreements made. Depending on the tactical and strategic decisions to be made, it may be reasonable from an economic point of view to make a further attempt to reach an agreement before process support is sought.
Industrial property protection services
As regards industrial property protection, we can rely on an extensive know-how in clarifying claims from a technical point of view; our services are focused on presenting the facts in a comprehensible way which can be used by lawyers as the basis of their further work. We analyze software developments and identify the exploitation of copyright-protected services. We compare source codes and use efficient processes to detect violations. What is more, we accompany you through the preparation and execution of searches.
Extrajudicial conciliation proceedings
The Deutsche Gesellschaft für Recht und Informatik (German Association for Law and Computer Sciences (DGRI) maintains an arbitration body to settle disputes related to information and communication technology by way of conciliation proceedings. For this purpose, it provides the DGRI Conciliation Rules. The conciliation team usually consists of a legal professional who is qualified to exercise the functions of a judge and a usually publicly appointed and sworn-in IT expert.
Out-of-court conciliation proceedings
Our services
- Classification of deficiencies in project execution based on the degree of impact, risk of damage, and assigned responsibilities
- Mediation between project stakeholders
- Development of settlement proposals
- Collaboration with specialized lawyers to clarify legal and technical issues within the framework of arbitration proceedings
