Source Code Expert Disqualified In StubHub Trade Secret War

Law360, New York (September 26, 2017, 6:33 PM EDT) -- An expert witness for StubHub Inc. was recently disqualified after a California federal judge found that she had previously conducted a confidential analysis as a neutral third-party during discussions aimed at settling the trade secrets dispute between the ticket giant and a computer programming company.

U.S. District Judge Stephen Wilson on Friday said Cynthia Lee originally had been jointly hired as a neutral third-party to compare source code related to Calendar Research LLC's smartphone messaging platform and StubHub products and had "effectively switched sides" in agreeing to be StubHub's expert witness, necessitating that she be disqualified.

"Fundamental fairness favors disqualification," the...

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