Because it relied on the Johansons' JESAP methodology, the initial version of the software was entitled JESAP 2001.
Oliver studied the JESAP methodology and agreed to help create the software program. In January of 2001, Oliver met with Blair Johanson to discuss streamlining Johanson Consulting's job salary studies. As part of that work, he had been involved with programs that had been registered with the U.S.
Oliver testified at trial that prior to his work with the Johansons, he had worked to develop software programs for other businesses. Oliver, a local computer programmer, enters the scene. Unfortunately, because neither brother had computer programming experience, the need arose to hire someone who did. As computing technology developed over time, the Johansons decided to develop a computer software program that incorporated their methodology and thus produce results much faster. This often meant that Johanson Consulting's reports to individual clients took a considerable amount of time to produce. Initially, the Johansons had to perform tedious hand calculations to compute the results of their salary studies. In short, while two consulting groups could tell you that several factors were important, the specific factors employed by each group, the weight each group gave to their included factors, and the algorithms used to determine overall job compensation, could-and would-often vary considerably. The Johansons maintain, however, that the secret of their JESAP methodology lies in its unique consideration and differential weighting of various factors. This is a process that was employed in the industry, especially by the Hay Group, who led the field in the use of such a system for determining job compensation. At its core, the JESAP methodology was designed to enable a company to set up a fair and equitable compensation structure for its employees by using point-factor analysis, a technique that assigned particular weights to various factors relevant to overall employee compensation. The JESAP methodology had originally been developed in 1985 by the Johansons' father, a professor at the University of Arkansas school of business who opened the consulting business in 1973. As part of their work, the Johansons employed a methodology known as the Job Evaluation and Salary Administration Program ("JESAP"). Johanson Group and hereinafter "Johanson Consulting"). Prior to their association with Plaintiff Dale Oliver, brothers Bruce and Blair Johanson ("the Johansons") operated a firm, Johanson Consulting, Inc.
This case centers around a once-thriving business relationship that soured after more than a decade. More specific and detailed factual findings relevant to the Court's resolution of the remaining claims are set out in the "findings of fact" section below. This section is designed to give a brief overview of the factual background of this case. Having received and reviewed the evidence and briefs submitted in this case, the Court issues the following Memorandum Opinion and Order setting out its findings of fact and conclusions of law and its rulings on the remaining claims. Those briefs were submitted on August 14, 2018. At the conclusion of the trial, the Court directed the parties to submit post-trial briefing on several issues. Over the next three days, the Court heard testimony from witnesses and received exhibits into evidence. On July 25, 2018, the above-captioned matter came on for a bench trial before the Court.