Investigation: Elysium Proves Massive Trade-Secret Misappropriation by Star Investor

Litigation Timeline

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3 Discovery

Elysium's technical work on the matter included both source code and forensic analysis. Elysium's R&D team built code comparison tools capable of juxtaposing code written in multiple programming languages and flagging relevant areas of code for further analysis. Aided by the code comparison tools, Elysium found portions of DoubleLine's code that bore striking similarities to TCW's code—especially when viewed in the context of what DoubleLine claimed was de novo software development. Elysium consultants also used forensic techniques while investigating other allegations of data copying. To substantiate TCW's allegations regarding file use, the court required Elysium to conduct portions of the analysis in the offices of the opposing side; Elysium built a digital forensic lab and file server in the offices of the opposing side's forensic experts for that purpose.

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4 Trial

Christian Hicks, Elysium's president, served as TCW's digital forensic expert at the multi-week trial. During trial, he testified that Elysium found similarities in code that indicated copying and use of TCW's source code. Christian explained that the lines of code were not identical, but were altered in a manner consistent with direct copying and subsequent editing of the code. Specifically, the similarities found by Elysium were ones that would not be expected in code that was independently developed. Elysium's final conclusion on the code copying issue was that it was highly unlikely that the DoubleLine developers would have created certain lines of code unless those lines had been based on lines copied from TCW code. Elysium also supported TCW's legal team during trial by providing graphical exhibits to illustrate the scope of copying of materials. The jury ultimately agreed with Elysium's analysis regarding source code copying, and found that DoubleLine's employees had misappropriated information from TCW by copying data and taking it with them to use at DoubleLine.

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Related Staff

Christian B. Hicks

External Testifying Expert

Testifying Expert

Trust Company of the West v. DoubleLine Capital LP, et al.

Investigation: Elysium Proves Massive Trade-Secret Misappropriation by Star Investor

Litigation Timeline

Pre-litigation

Beginning of Litigation

Discovery

Trial

Post-verdict

Related Staff