Monty G. Myers is the founder and CEO of Eureka Software Solutions Inc. Mr. Myers, with the support of his team at Eureka, has served as a testifying and consulting software expert witness in over 75 trade secret, patent software and other technology related cases in both state and federal court. After over 30 years in business, Eureka is a leading project-oriented, custom software development company based in Austin, Texas. Eureka has built software products and business solutions for an impressive client list which includes members of the Global 1000, Fortune 500, notable private companies, and numerous high-profile start-up organizations. Eureka has a highly successful track record providing state-of-the-art software solutions on a variety of technology platforms. Eureka has enjoyed great business success and has received multiple achievement awards. As the leader of Eureka, Mr. Myers is truly a practicing industry expert.
• Software Expert Witness
• Computer Expert Witness
• 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 protecting the confidential, proprietary and trade secret information and technology of Eureka and its clients.
• 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 source 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.
Practical Implementations of Expertise (continued)
• 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
♣ Patent Infringement/Non-infringement
♣ Patent Validity/Invalidity
♣ Computer/Software Trade Secret Misappropriation
♣ Software Intellectual Property (i.e. copyright, patents, trade secrets, derivative works)
♣ Non-compete Agreements
♣ Computer/Software Forensics and Data Recovery
♣ Computer Software/ Programming
♣ Software Project Failure
♣ Computer/Software Technology & Strategy Mapping
♣ Software Testing
♣ Software Analysis & Development
♣ Software/Computer Contracts and Licenses
♣ Software Quality Analysis
♣ Software Project Estimating
♣ Software Schedule Delay & Analysis
♣ Software Outsourcing
♣ Software Source Code Comparison and Analysis
♣ New Computer/Software Product Development and Investigation
♣ Software Project Statement of Work and Specification Review
♣ Software Product Economic Life
♣ Information Technology Practices and Standards
♣ Electronic Due Diligence
♣ Software Proposals
♣ Software Development Methodologies and Standards
♣ Internet/Cloud Commerce and Security
♣ Dispute Resolutions
♣ Internet & Web Strategies
♣ Software Application Valuation & Appraisals
♣ Software Security
♣ Software Consultant Errors & Omissions
♣ Revenue Recognition Models
Areas of Expertise
- Information Technology
- Intellectual Property
- Software Engineering
- Wireless Technology
- Q: For what area(s) of expertise have you been retained as an expert?
- A: Software
Oil & Gas related software and technology
- Q: On how many occasions have you had your deposition taken?
- A: More than 20
- Q: On how many occasions have you been qualified by a court to give expert testimony?
- A: More than 20
- Q: On how many occasions have you testified as an expert in court or before an arbitrator?
- A: More than 20
- Q: For how many years have you worked with the legal industry as an expert?
- A: 8 years
- Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
- A: Consulting, testifying, reports, onsite inspection of source code, software and computer systems, reconstruction of historic software/hardware systems, forensic analysis of software and data, patent review and analysis, software expert services, computer expert services, trade secret expert services, patent software expert services.
Taylor, Dunham and Burgess LLC
301 Congress Avenue, Suite 1050
Austin, Texas 78701
Joseph P. McKay
Friday, Eldridge & Clark
400 West Capitol Avenue
Little Rock, AR 72201-3522
Weil, Gotshal & Manges, LLP
767 Fifth Avenue
New York, New York 10153