Litigation Experience

Over a six year period Mr. Lopata worked as a key member of a team litigating a dispute over a major business information computer system implementation.  As a member of this team, Mr. Lopata was responsible for developing the team’s position on all information technology related matters including the use of methodology, software engineering practices, design and development tools, testing, and performance engineering.  He worked closely with outside counsel to prepare for pre-trial questioning of opposing witnesses and to prepare our own witnesses for pre-trial examination. He also worked with counsel to instruct and review the work of an independent software project management expert witness. He was responsible for preparing the team’s response to technical questions arising from depositions.  In this role Mr. Lopata worked side-by-side with counsel from the firm of McCarthy Tétrault.
 

Over a period of five years Mr. Lopata directed the program management office for Accenture’s Year 2000 Program.  This $30 Million program spanned forty-eight countries and included participation from more than six hundred people throughout the organization.  Mr. Lopata was responsible for management of the overall program including program planning, legal risk management, status reporting, issue management and program communications. Mr. Lopata worked closely with in house and outside counsel from Hogan and Hartson. As part of this program, Mr. Lopata also led the business side of a team that worked with Kirkland and Ellis to successfully defend a lawsuit brought by a former client working with the law firm of Milberg Weiss. Mr. Lopata was responsible for the review and analysis of all technical documents related to the case. 

Mr. Lopata also worked with Accenture's in house counsel to develop a conceptual model for simplifying complex computer and information technology issues to a jury.  The concept was developed to ensure effective communication and to drive the development of appropriate trial graphics.

Since leaving Accenture Mr. Lopata has been engaged by counsel on matters including:

• A $900 Million securities fraud case. Mr. Lopata prepared a report assessing whether the fraud could have been prevented by the implementation of a new computer system.
• A civil case requiring the valuation of a software company. Mr. Lopata analysed the changes made to the company's software products over a six year timeframe.
• Pre-litigation review of documents related to a large systems integration project in the travel and transportation sector.
• Litigation arising from the failed implementation of a packaged financial management and warehouse management system. Mr. Lopata testified before an American Arbitration Association panel.
• Litigation arising from the incomplete implementation of a public sector health care management application. Mr. Lopata testified in County Court.
• Litigation between a large systems integrator and an offshore software development company arising from the failed development of a new packaged software application.

References from in house and outside counsel for each of these matters are available upon request.

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