CURRICULUM VITAE

Summary
Charteris plc Napier House, 24 High Holborn, London WC1V 6AZ Telephone: +44 (0)20 7600 9199 Fax: +44(0)20 7600 9212 Mobile: 07967 323 824 Email: MA(Cantab) PhD MBA DIC CEng MIET FBCS CITP DipArb david.sharp@charteris.com FCIArb Web: www.charteris.com

David Sharp

Business, IT, software and electronics systems specialist Programme manager and technical architect Expert witness, CEDR-Accredited Mediator, Chartered Arbitrator Dr David Sharp is a highly experienced specialist in business, IT, software and electronic systems. He has led the procurement and project managed the development of systems involving secure Internet-based commerce, electronic payments, customer relationship management (CRM), enterprise resource planning (ERP), wireless communications and mobile video. He has advised senior leadership teams on improving the fit between business strategy and IT strategy, improving business processes and refreshing enterprise systems. He has significant experience of applying his technical skills in programme management, system design, software development and system interfacing to identify the causes of problems in troubled projects and proposing ways forward. As an adviser to private equity investors making multi-million investments in technology businesses, he has provided independent commercial, programme and technical review of the progress of software development programmes and the state of the target companys IT and telecoms infrastructure. As an Expert Witness, Chartered Arbitrator, Adjudicator, CEDR-accredited Mediator and Expert Determiner, he has helped his clients to resolve more than twenty complex (including several multi-million) IT, telecoms, intellectual property, software and electronic systems matters through alternative dispute resolution or litigation. As an Expert Witness, he has experience of giving evidence under cross-examination in court and of presenting evidence in mediation. As Adjudicator he has published awards for over 130 telecoms and Internet services disputes. As Mediator he has facilitated the resolution of complex IT and commercial disputes, including a three-party mediation. He previously worked for Cambridge Consultants (part of Arthur D Little), The Technology Partnership, Imperial College London, and Thorn EMI Electronics/Central Research Laboratories.

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Education and Affiliations

Kings College, Cambridge: First Class Honours; Electrical Sciences. Rowe Prize for Innovation Imperial College, London: PhD (Parallel Computing), MBA (with Distinction and Prize) British Computer Society: Fellow (FBCS); Chartered Information Technology Practitioner (CITP) Institute of Engineering and Technology (IET): Chartered Engineer and Member Society for Computers and Law: Committee member Chartered Institute of Arbitrators (CIArb): Chartered Arbitrator and Fellow; DipArb (with prize) Centre for Effective Dispute Resolution (CEDR): CEDR-Accredited Mediator

Experience: Charteris plc (Aug 99 present): current position: Partner

Data centre related disputes and system relocations Data Centre migration: He gave advice concerning alleged single points of failure affecting the resilience of a data centre. He also wrote an expert report concerning the connection arrangements to be put in place to allow data to be transferred from one data centre to another as part of a migration away from the first data centre to the new data centre. Software licensing: He carried out an analysis of a series of developments to improve the resilience of the IT architecture of a distributor of industrial products and the relationship of the developments to a successive series of software licences. He connected the legal and technical issues concerning whether or not the IT architecture was consistent with the software licences. He oversaw a live resilience test involving a switchover from live to backup systems. IT and telecoms systems: He reviewed the plans and contract concerning relocation of IT and telecoms equipment in an office move. He provided advice concerning normal industry practice. Pharmaceutical data centre migration: He helped a leading distributor of pharmaceutical products to prepare to move its infrastructure to a new data centre. This included cataloguing the services, systems and services levels required, considering what changes were required to operating systems and advising on the outsourcing contract. Expert Witness Assignments Dr Sharp provides independent, impartial advice to help resolve complex IT programme management, enterprise software and technology disputes. He has acted in several large (>1m) and some very large (>10m) IT and software disputes as Expert Witness, Expert Determiner or Mediator/facilitator. He has provided evidence on quantum and liability issues. Large programme disputes

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 multimillion failed enterprise system implementation: He led a team of expert witnesses carrying out a commercial and technical review of a troubled enterprise system implementation for a health and leisure business. This included analysing design, performance and reliability issues. multimillion Customer Relationship Management and online insurance sales system: He acted as expert witness analysing the causes of slow performance of a customer relationship management and online sales system in the insurance sector. He presented evidence at mediation, leading to a large financial settlement. Defects in a SAP implementation: He reviewed the causes of problems in a SAP implementation for a large utility company where reliable remote access was required. multimillion defective retail banking software: He led a team of expert witnesses reviewing the defects in the software and project management concerning a large retail banking system. He presented his analysis at mediation, leading to large financial settlement. multi-million delayed telecoms programme: He led a team of expert witnesses reviewing the issues in a telecoms infrastructure programme that was cancelled during roll out. This included an analysis of project plans and delays to the programme. multi-million Safety-critical software: He led a team of expert witnesses analysing the causes of delay to a programme involving the development of safety-critical software in a moving system relying on wireless communications. He assessed the value of work in progress at project milestones, analysed technical issues and allocated responsibility for programme delays. multi-million Ticketing Systems: He acted as an expert witness in a dispute concerning software and electronics faults in a ticketing system. multi-million Electronics: He helped a leading London law firm negotiate a settlement of a dispute relating to a fault in a television set top box system. He performed system-level and transistor-level analysis to bring clarity to why the overall system did not function as anticipated. He related this analysis to the contractual commitments of the parties to assess the strength of their respective arguments. Intellectual property and software-related disputes Telecommunications licensing: He gave commercial and technical advice concerning potential interpretations of a software licence for income sharing regarding Multimedia Messaging Services. Patent Infringement: He advised an Internet graphics company about how to avoid infringing a well-respected software patent. In the course of the assignment, he applied his PhD research to design new software that does not infringe the patent. This solved a 17-year old known hard problem and avoided the need to pay licence fees.

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Other disputes multimillion dispute relating to enterprise software: He acted as expert witness concerning the commercial impact arising from a retail bank failing to provide funds as committed to an enterprise software business. Telecommunications: He provided advice and opinion on contractual, commercial and technical issues concerning a dispute between a manufacturer and a distributor of telecoms products. Criminal: He acted as an expert witness in a criminal case, analysing the telecommunications evidence associated with alleged hoax bomb calls to an airport. Accounting/business Management System: He provided advice on the fitness for purpose of a business management and accounting system for a clothing manufacturer and distributor. Disputes relating to IP addressing and HTTP traffic analysis multi-million: screen scraping: He provided independent commercial and technical opinion concerning what software would have to be written to amount to best endeavours to prevent screen scraping in a dispute. This included a consideration of IP addressing, proxy servers, Internet Service Providers IP addressing schemes, HTTP communications, cookies and statistical inference. multi-million: location from IP address: He acted as expert witness in a dispute concerning the determination of the location of an individual based on the IP address of his mobile phone, laptop or internet access dongle. This included a consideration of proxy servers, mobile telephone data routing and the accuracy of geo-location services. multi-million: Internet archiving: He acted as expert witness in a dispute concerning whether or not a certain document was likely to have been available online in 2005. He carried out HTTP-level analysis of the data exchanged between a web server and a browser to identify relevant meta-data concerning the dates associated with files stored on the Internet. Expert Determination/Arbitration/Adjudication Expert Determination: He leads a arising in a very large (hundreds infrastructure programme involving a integrators running an international IT panel of Experts resolving disputes of millions) government-related IT consortium of leading global system and telecoms service.

Chartered Institute of Arbitrators: He is a member of the panel of Arbitrators and panel of Adjudicators of the Chartered Institute of Arbitrators. He has published awards for over 130 telecoms and Internetrelated disputes in the CISAS scheme. Expert-Facilitated Dispute Resolution / Mediation multi-million delayed large local government system implementation programme: He was co-mediator of a 5m dispute concerning delay and non-delivery of a local government system renewal programme by a large systems integrator. The mediation led to a mutually acceptable settlement.

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 Terminated implementation of a staff-rostering, timesheet entry and billing system: He was sole mediator of a three-party dispute between a customer, supplier and financier in a dispute concerning a staff management system for hotels. He enabled the parties to achieve a satisfactory resolution of what would otherwise have been a costly dispute for all concerned. Delayed implementation of a ticketing and electronic payments system: He was sole mediator of a dispute concerning the scope of deliverables and delay to the delivery of a ticketing and electronic payments system to be installed at multiple sites for selling transportation and tour tickets. Both parties invited him to use his technical expertise to help them explore the potential options. Settlement terms were agreed successfully. Procurement of enterprise systems and outsourcing Telecoms regulator: He advised the board of a telecoms regulator concerning the procurement of a new registration system for members of the premium rate phone industry. He specified the requirements and led the vendor selection process for the introduction of a new enterprise/CRM/e-commerce system. He reviewed the software interfacing and bespoke/package/legacy mix in the solution. He led the team creating the selection criteria and defining the service levels required from the supplier. He led the commercial negotiations to set up the delivery contract. Government Healthcare Regulator: He enabled the Deputy Registrar to develop a new IT strategy and then ran a selection process to procure a new enterprise system, improving efficiency and document management. He facilitated successful contract negotiations and gave advice concerning reducing implementation risks. The Deputy Registrar was promoted to the Registrar. Retail pharmacy system supplier: He led a team that reviewed the technical options for developing a retail pharmacy system software suite. Psychometrics provider: He reviewed the performance and scalability of the system architecture of an online provider of psychometric tests for evaluation of suitability of recruitment candidates. He led the technical design authority for a significant infrastructure refresh programme involving two offshore outsourcers. He also facilitated workshops on future business opportunity and IT architecture for the senior management team and IT team. $1 billion European Healthcare Equipment Manufacturer: He worked with the Vice President of IT to articulate the European IT strategy in a five year IT Road Map. Identity management business: He helped a provider of identity management software solutions to refresh its IT strategy and review what actions were needed to bring a delayed IT programme back on track. Healthcare: He advised the CEO of a European private healthcare business on what lessons could be learned from a failed enterprise IT system implementation. He went on to assist in the selection of a new system supplier.

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Strategic consulting and programme government and e-government

management

in

secure

Review of a consultant accreditation scheme for secure government work: He carried out a review of government scheme that engages private IT security consultants in secure government projects. The scope of the exercise included interviews with various government, business and individual stakeholders and a series of recommendations was given. Review of research and development activity: As part of a Charteris team, he reviewed the activities of a secure government research and development team involved in developing effective cyber-security defence technologies and techniques. Review of industry schemes for secure government support: As part of a Charteris team, working closely with government cybersecurity experts, he produced a segmentation of existing industry schemes, as part of an exercise to review future strategy. He was able to energise the secure government team to help generate cohesive output that would stand up to external scrutiny. Isle of Man Government. He helped the government build its ten-year strategy and develop and action strategic initiatives to grow the amount of e-business activity on the island. He assisted the government in setting up meetings with entrepreneurial telecoms-related businesses to assess the potential to attract these to the island. Strategic Business and IT Consulting and Programme Management Joint venture of leading banks: He helped a consortium of major UK banks develop strategy and specific opportunities in Electronic Bill Presentment and Payment. This included developing a shared vision, governance model, business model, technical architecture and supplier selection. Large retail bank: He advised the senior leadership team and the banks lawyers on the allocation of responsibility for delay to a multi-million complex telecoms and IT infrastructure programme. Global financial and media business: He ran a strategic programme to build the infrastructure to enable secure trading over the internet. This programme included capturing and prioritising business requirements, programme managing the selection of suppliers and technologies, facilitating decision making through workshops with business and IT stakeholders, and implementing a public-key infrastructure for secure trading. Large retail bank: He advised the Operations Director of a retail bank concerning the logistics and security issues concerning setting up electronic remote banking through mobile telephones. European private equity property fund: He worked with the business and IT teams to formulate and document a new IT strategy and roadmap. Banking/telecommunications partnership: He was invited to give the plenary talk at a workshop between a bank and a telecommunications equipment manufacturer concerning next generation electronic mobile banking.
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 Mobile Telecommunications Operator: He advised a leading UK mobile telecommunications operator on e-business strategy. Global $1.5billion Pharmaceutical Market Research Business. For the Head of Product Development, Europe, he summarised the relationships between sixty IT systems, including IBM mainframes running legacy software, identifying opportunity for rationalisation and effectiveness improvements. He created diagrams and documentation used daily for senior management decision making. For the Director of Customer service in the same business he reviewed the business processes and information systems support in six European countries and made a series of recommendations that have been implemented to improve effectiveness, adoption of best practices and efficiency. UK FTSE Media Business: He assisted the board of a major media group with its acquisition and venturing strategy in Internet business and educational television programming. A helped to generate a shared vision amongst diverse stakeholders and chaired delicate negotiations. Leading UK High Street Retailer: He assisted the retailer with reviewing business intelligence initiatives in its food business. Large legal firm: He helped a leading legal firm consider the architectural and programme management choices available to it in refreshing its IT infrastructure. UK FTSE Media Business: He ran a brainstorming workshop for senior managers of newspaper, magazine and radio subsidiaries on opportunities to exploit mobile technology. European On-line Business Information Provider: He introduced the senior management team of a private equity-backed online business directory business to key contacts in telecommunications companies to help develop and promote location-based online business information services. Top London Law Firms: He assisted a leading international law firm with setting up a projects office. He gave a teach-in to another law firm on telecommunications and Internet technology. Location-based services: He assisted a location-based services business with promoting its electronic directories to mobile operators and telecommunications businesses. Due diligence of commercial ventures for private equity and corporate investors He has considerable experience of helping private equity, investment bank and corporate investors to assess the market potential of investments in technology businesses. He assesses risk and opportunity surrounding the interplay between commercial, operational and technological issues. He considers both the market for the target companys services and the market for selling the business itself to its next set of investors as part of the exit strategy. The assignments involve market research, interviews of staff and customers, evaluation of business plans and review of technology programmes.

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 Enterprise Resource Planning (ERP): He carried out a commercial and technical due diligence for a major investment bank concerning a management buy-in to a company supplying business intelligence and ERP systems to blue chip clients. Business Intelligence: He carried out a technical due diligence on a company developing performance improvement software for call centres. The software used Microsoft Online Analytical Processing technology to provide a powerful analysis of key performance indicators, drawing information from multiple business systems. Financial Products/Insurance: He evaluated the senior management team, operations, market and software development process of a company with a suite of products for banking, savings, pensions, loans and insurance. Having interviewed several customers, he was able to make a series of recommendations concerning improving business performance. Rules-based Software: He carried out a technical due diligence on a company developing a rules-based software engine for managing human to human and computer to human dialogues with applications in call centres, e-marketing, recruitment management and feedback management. Commercial Banking: He carried out a commercial and technical due diligence concerning a company developing a software package for commercial banking. He identified risks in the product development programme and recommended how to reduce them. Web analytics: He reviewed the state of product development at a web analytics company. Recruitment business: He reviewed the IT strategy and state of the IT at a recruitment business. Broadcast Scheduling Software: For a business considering purchasing a company that supplies software to TV broadcasters for scheduling programmes, he carried out a review of the targets finance, market, product positioning, technological prospects, operations, management effectiveness, alliance potential, risks, opportunities, purchase negotiation strategy and exit routes. New Media Directory Business: He identified the risks and opportunities surrounding the business plan, IT systems and partnering relationships of an Internet directories business. UK television Infrastructure: He carried out an IT due diligence for a leading private equity infrastructure fund on the acquisition of a company distributing broadcast television signals. He identified areas where significant investment in IT would be required to achieve the business plan. Text to Speech systems: He reviewed the technology of a text to speech software-as-a-service business in its move onto AIM. Online car information services: He carried out an IT due diligence on the mainframe and unix technology used by an online car information services provider. Fixed line and mobile telecoms provider: He carried out a technical due diligence of a company providing pre-pay calling card, Voice over IP services and mobile telephony services.
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 Video Coding Systems: He analysed the technology, commercial opportunities and potential exit strategies concerning an investment in a company designing and licensing novel video coding systems for use on mobile telecommunications networks. Telematics: He identified the key commercial and technical issues surrounding an investment by a major international bank into a company supplying car tracking services and equipment. Location-based services, telecom services and payroll business: He identified the technical risks concerning the development of integrated location monitoring, telecoms billing and payroll systems for a privatelybacked new venture. IT Infrastructure Trends and Mobile Multimedia: He facilitated workshops for two venture capitalists seeking to deepen their understanding of new technologies and applications so that they could perform their own due diligence on telecoms ventures. Professional Networking / conference speaking He was best presenter at Deliver the Promise of Outsourcing Now 2004 scoring 85% for value, quality and presentation. He spoke on Arbitration for the BCS Law special interest group. In 2007 he gave two talks to the Society of Computers and Law (SCL) on IT projects and dispute resolution, gaining very positive feedback. In 2008/9 he chaired SCL meetings on online auctions and cloud computing. In 2010 he spoke on IT projects for the Chartered Institute of Arbitrators. Jan 1996 July 1999: Consultant, Cambridge Consultants (CCL) David carried out business development and project management in telecoms, finance and multimedia. UK Mobile Telecommunications Operator: He initiated a relationship with Orange, winning a contract to manage a multi-contractor consortium developing Oranges first mobile videophone. Retail chain: He applied SPIN-selling theory to create a real-time expert multimedia system that was used by a retail chain to support customers choosing mobile phones. Leading UK Broadcaster: He stretched the thinking of senior managers at a leading UK broadcaster with a workshop session on Multimedia 2020. Major Investment Bank: Working as part of an Arthur D Little team, he carried out a technological due diligence into an Internet-based electronic food and drink exchange, highlighting some significant risks and technical integration issues. Financial Systems Outsourcer: He lead a team developing secure remote access software for the systems director of an electronic payment solutions provider Private equity investor: Working as part of an Arthur D Little team, he carried out two due technology diligence investigations into a telecine machine (feature film to HD video) company. UK Personal Digital Assistant Manufacturer: He initiated a relationship with Psion plc and within a CCL team, carried out a failure modes, effects
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and criticality analysis concerning reducing the manufacturing risks for the Psion Series 7 handheld computer. 1990 to 1996: Research Associate then Lecturer in Computing at Imperial College, London David lectured on multimedia systems, microprocessor interfacing and networks and communications to classes of 190 BEng and MEng students, receiving excellent student feedback. He led research in pattern recognition algorithms, music technology and interaction design, sponsored by The Technology Partnership, Thorn EMI Central Research Laboratories and the Engineering and Physical Sciences Research Council, publishing fourteen original academic papers. He wrote parallel computing software for realtime signal processing and novel pattern recognition algorithms. 1983 to 1990: Sponsored student, Thorn EMI Electronics and Central Research Laboratories David designed electronic and software systems for commercial and defence applications.

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