Lead Consultant, Kevin Kennedy Associates Inc.
Providing engineering consulting, certified public accounting, certified fraud examination, management consulting, expert testimony, forensic accounting, and related expertise to a wide variety of clients.
Partner, litigation and valuation services company
Primarily responsible for assisting companies and their legal counsel in developing and analyzing issues related to valuation, forensic accounting, and economic damage quantification.
Certified Public Accountant, Forensic Accountant, Consultant, Expert Witness
This consultant has substantial experience in developing approaches for the determination of economic damages in a wide variety of litigation engagements. His case experience includes anti-trust, breach of contract, business interruption, construction, dealer/distributor termination, environmental, and intellectual property matters, among others. Assignments have been in a variety of industries including automotive, banking, computer software, construction, consumer and industrial electronics, general manufacturing, medical supply, packaging, railroad, rubber, steel and telecommunications. Has extensive experience in providing expert deposition and trial testimony in arbitration, state and federal court.
SOFTWARE INDUSTRY LITIGATION EXPERIENCE
Provided an expert report used in a royalty dispute arbitration between two software developers. The engagement involved the determination of the proper royalty payments over a 10 year period as well as alleged lost profits from tardy product releases. Determined the economic damages associated with the misappropriation of software technology that was utilized in the defendant’s operating system software. Provided assistance to a construction company in valuing a software product the company had developed over an 11 year period. The original software had been acquired from an outside vendor and the company had performed over 1,400 enhancements in the 11 year period. Provided valuation assistance to a university attempting to license a novel sound enhancement technology. This engagement involved the determination of the potential market for the technology and the investigation of various comparable technologies. Performed expert testimony in a royalty dispute between a software developer and their licensee. The dispute centered on the inclusion of certain software code embedded in the operating system software. The engagement entailed reviewing the internal accounting procedures and records of one of the largest computer companies in the world. Provided expert testimony in a software dispute involving two educational software companies. The engagements involved the determination of royalties payable as well as the gathering of information related to conformance to other requirements of the license agreement. Assisted counsel in the determination of damages in a
trade secret litigation involving computer software development knowledge. Evaluated a reasonable time period for injunctive relief as well as approaches for monetary compensation. Managed a copyright infringement case involving specialized financial services software used in the banking and trading industries. The case not only involved the determination of damages, but also involved assistance in demonstrating the similarity of the software developer’s product and the alleged infringer’s product from a functional and appearance standpoint. Determined the maximum economic royalty that a manufacturer of computer related games could pay as a reasonable royalty if the manufacturer was found liable for
patent infringement. Designed a Licensee Compliance Program for a major ERP software developer.
