Monty G. Myers P.E. CEO/Founder Eureka Software Solutions, Inc. Expert Witness and Legal Consultant

• Currently active software industry executive with 30+ years experience.
• CEO and Founder of Eureka Software Solutions, Inc. (“Eureka”)
• Involvement in all aspects of the daily management and operation of Eureka, including business development, contracts, customer relations, project scope, strategy and management, hiring and finance.
• Negotiated and performed hundreds of real-world software and technology contracts and statements of work involving complex software project and licensing terms and conditions including material intellectual property aspects.
• Actively engaged in handling and protecting the confidential, proprietary and trade secret information and technology of Eureka and its clients.

Capabilities/Resources

• Equally comfortable in either a consulting or testifying expert role. 
• Proficient at giving depositions and offering in-court testimony – hearings and trial.
• Experienced in assisting counsel with the taking and defending of depositions, reviewing and challenging the testimony of others, and preparing and implementing an overall trial strategy.
• Adept at taking highly technical material in the software field and effectively communicating it to a judge or laymen in terms they can understand.
• Ready availability of Eureka’s experienced team of software developers and IT forensic specialists as needed to analyze or recreate a relevant software or hardware platforms or scenarios.
• Direct access to and familiarity with proprietary and licensed tools and software to assist with code analysis and performance testing, load testing, data recovery and extraction, metadata review and management and e-discovery.

Practical Implementations of Expertise

• Review and comparison of software code and functionality in relation to contractual commitments and requirements and/or protected intellectual property including, trade secrets, copyrights and patents.
• Computer/software forensics – able to reverse engineer and reconstruct hardware and software environments from backups, remnants and fragments of historical software. Eureka IT and Software development team is skilled at re-creating past hardware and software environments.
• Investigation and assessment of software project bidding, planning and performance with particular attention to adequacy of discovery, specifications, cost estimates, schedules and deliverables.
• Functional and performance testing of software against applicable specification, warranty or industry standard using proprietary and commercial testing tools and techniques.
• Evaluation and use of both traditional and cutting edge software development techniques and strategies, including creative payment structures related to software application/effort valuation and intellectual property licensing and ownership.
• Reviewing and exercising software applications and IT networks to expose and correct security issues and weaknesses

Areas of Expertise

Examples of Cases and Engagements

• JurisDictionUSA, Inc. v. Loislaw.com, Inc. and Aspen Publishers, Inc., et.al. - Consulting and testifying expert on significant state court case involving historical reconstruction and testing of legal software product and analysis and testimony concerning the performance of such software product against contract specifications.
• Planview, Inc. v. Computer Associates International Inc. - Consulting and testifying expert on state court case involving misappropriation of software trade secrets by key personnel and the comparison of each party’s complex proprietary software systems in order to determine if misappropriation occurred.  Case resulted in one of the largest monetary settlements of its kind in Texas in favor of our client.
• Charles Moon and AISoft, Inc. v. Infoglide Corporation. - Consulting and testifying expert on state court case involving retention of trade secrets and other intellectual property rights by key employees and forensic and comparative determination of whether such employees brought the trade secrets and intellectual property to their subsequent employer.
• e-BackgroundChecks.com, Inc. v. Deverus, Inc. – Consulting and testifying expert on state court case with focus on determining whether software trade secrets misappropriated by employee had been integrated into subsequent employer’s competitive software product.
• Universal Background Screening, Inc. v. Deverus, Inc. - Consulting and testifying expert on state court case with focus on determining whether software trade secrets misappropriated by employee had been integrated into subsequent employer’s competitive software product.
• Herbert & Marlene Singer, et.al. v. Travelers, Inc. and First Texas Insurance, Inc. – Consulting and testifying expert with regard to forensic investigation and review of e-mail systems and whether electronic communication was sent and received.
• Jatin Suryawanshi, Partha Sarkar, and Sanjay Girdhar v. UBS AG and UBS Securities LLC – Consulting and testifying expert in FINRA Arbitration involving alleged misappropriation of trade secret, software, comparison and analysis of each party’s complex financial/trading software systems, and forensic review of computer hardware systems to determine access to and existence and transfer of trade secrets.
• General Parts, Inc. (Carquest Auto Parts) v. Internet AutoParts, Inc. – Consulting and testifying expert in federal court case involving comparison and analysis of software products against contract requirements and specification.
• Avepoint, Inc. v. Janalent Corporation – Consulting and testifying expert in federal court case (District of New Jersey) involving misappropriation of trade secrets and breach of contract related to enterprise document management software.
• Lewis and Clark Outdoors, Inc. v. L.C. Industries, Inc. – Consulting and testifying expert on state court case involving infringement/theft of trademark and trade dress.
• 2-Wire, Inc. - Consulting expert related to review and analysis of product economic life for large telecommunications equipment manufacture for use in creating revenue recognition model complying with generally accepted accounting principles.
• Consulting expert in multiple patent infringement cases involving the analysis and charting of complex patent claims and the assessment of whether a product or process infringes such claims.

Testimonials

• "Monty Myers was a key witness in a recent complex case involving a software development project.  His reconstruction of previous versions of the software was critical for the jury's understanding of our case.  Monty is an excellent communicator and has the unique ability to explain advanced technical issues in simple terms that jurors understand.  He is professional, a true expert in his field, and his company's success is only one example of his impeccable credentials.  The major reason for our success at trial was due to Monty Myers' testimony."

Joe McKay
Friday, Eldridge & Clark, LLP
Little Rock, Arkansas

 

• "Monty Myers and his team have been a key factor in my successful litigation of trade secrets cases.  Monty is not only knowledgeable about the highly technical aspects of software development and forensic analysis, but he also has a firm grasp of the business processes involved.  Likewise, he communicates like a business person – so his testimony is clear and understandable and even enjoyable because we’re all learning from him and his colleagues.  One of my favorite aspects of working with Monty’s team is that they delve deep enough, early enough, to help craft the parameters of the dispute.  In other words, they know when to say no, and when they say yes, it’s with a firm foundation."

Karen Burgess
Taylor, Dunham and Burgess
Austin, Texas

• I was very pleased with Eureka’s work and the zeal they brought to the task at hand, and would be pleased to speak with others who are contemplating engaging Eureka’s services should they call.

Werner A. Powers
Haynes and Boone, LLP
Dallas, Texas

 

• "I felt equally comfortable bringing Monty Myers and his team into the areas requiring heavy technical lifting in the maintenance and improvement of our core firmware and overall product management system as I did in asking him to work with and analyze our financial data and issues related to product economic life and revenue recognition."

Damien Leostic
2Wire, Inc
San Jose, California

Background Education and Licenses

• Native of Nashville, Tennessee
• Resident of Austin, Texas since 1986
• Bachelor of Science in Engineering, Texas A&M University, Cum Laude
• Substantial graduate level course work at the University of Texas
• Licensed Professional Engineer #75271,  State of Texas
• Private Instrument Rated Pilot #3014095
• Designated Elite Expert™ by IMS ExpertServices™