Truiken J. Heydn

I handle complex Litigation and Arbitration cases and have a unique understanding and ability to present technology issues, in particular relating to IT and Software. I work directly with my client's technicians, engineers and technical experts to assess the technical issues.

Q: What are the most important factors to win a case? A: The most important factor is the comprehensible presentation of a consistent and credible story throughout the entire procedure.
Q: Do we have to submit every fact and evidence with our first filing or can we wait until the other party addresses the issue and then submit our statement and evidence later? A: The first submission will be read more thoroughly than any later submissions. Facts and evidence submitted later are likely to receive less attention. Therefore, we should present our complete case with the first filing.
Q: Would you recommend to initiate litigation (or Arbitration)? A: Litigation (or Arbitration) is always the last resort only. Before we initiate litigation (or Arbitration), we should explore all other possibilities to resolve the dispute otherwise.

The most interesting and memorable case was the representation of software company Oracle in a copyright case against UsedSoft, a seller of "second hand" software licenses, through all instances up to the German Federal Supreme Court and the European Court of Justice. The case became well-known as the UsedSoft case. In the past year, the most interesting case was a case relating to a failed IT outsourcing project.

The most challenging is the difficulty to challenge opinions of technical experts. If the Court (or Arbitral Tribunal) appoints a technical expert, it will most likely follow the opinion of the expert, even if it doesn't understand the technical issues. It is extremely difficult to explain to a Court or Arbitral Tribunal that just repeating the technical expert's opinion means missing the target. The expert is not supposed to decide the case.

New technologies that change the way we live and communicate with others fascinate me.

If something is extremely urgent, slow down and give it your full attention.