White Paper

16 Pages
  • 16 Pages

Software Development Contract Litigation


Expectations in litigation starts with effective strategies.

Many contracts contain fee shifting provisions. These provisions allow the winner in any litigation or arbitration to recover the attorney’s fees expended from the other side. Courts almost always uphold these provisions and arbitrators nearly universally do. Such provisions change the dynamic of litigation immensely and they should always be considered before pursuing a dispute. This white paper reviews litigation expectations, litigation discovery, and discusses effective litigation strategies.



Daniel J. Noblitt

Daniel J. Noblitt

The Noblitt Group, PLLC

  • Manager of The Noblitt Group, PLLC, a boutique intellectual property law firm
  • Practice dedicated to patents, trademarks, trade dress, copyrights, trade secrets, technology transfer, and related litigation, licensing, and counseling
  • Practiced intellectual property law for 25 years, representing large companies, small companies, and individuals to protect and commercialize intellectual property
  • Adjunct professor at the Sandra Day O’Connor College of Law at Arizona State University
  • Recognized by The Best Lawyers in America for several years, and frequently speaks on matters involving technology and intellectual property law
  • Admitted to the bar in Arizona, Texas, and the United States Patent and Trademark Office
  • J.D. degree, University of Oklahoma College of Law; B.S. degree in electrical engineering, University of Wyoming
  • Can be contacted at 480-994-9888 or [email protected]
Geoffrey S. Kercsmar

Geoffrey S. Kercsmar

Kercsmar & Feltus PLLC

  • Managing partner of Kercsmar & Feltus PLLC
  • Practice concentrates on commercial and contractual litigation and intellectual property disputes
  • Handling complex litigation for nearly twenty years, including lawsuits involving business contracts, technology contracts, business torts, employment, and consulting agreements, intellectual property and trademarks, construction, professional malpractice, corporate governance, and commercial fraud
  • J.D. degree, Penn State University's Dickinson School of Law; B.A. degree, with honors, Trent University
  • Can be contacted at 480-421-1001 or [email protected]

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