Enterprise Software Related Licensing and Litigation
Our attorneys have advised both ERP customers and ERP providers in disputes involving complex Enterprise Resource Planning implementations. We have also counseled clients about pitfalls surrounding ERP contracts and strategies for controlling the risks of implementation failures when negotiating and documenting ERP contracts. We advise our clients on key provisions to look out for, and strategies for negotiating risk mitigation measures around such provisions. We also assist our clients in negotiating and documenting agreements with both ERP providers and ERP implementation partners. The client decides whether it wants us to be in the background or whether it wants our attorneys to take the lead in the contract negotiations and documentation.
We can also assist companies that are in the ERP software development phase to take concrete steps to create a record that they can rely upon to support their case in the event of litigation with the ERP software publisher or development partner. Often when a dispute arises the ERP provider will attempt to escape responsibility by pointing the finger at the ERP customer and claiming long customer delays in providing needed input or testing or other some other issue impacted the critical path. The software vendor uses such assertions to demand more time for project completion and more money. We assist our clients in developing strategies to head off or mitigate such assertions.
ERP related litigation has exploded over the last few years and we believe that litigation in the space will only grow. The number of ERP providers who have delivered what they have promised unfortunately seems to be the exception rather than the rule. Failure is all too common, with sometimes catastrophic results for ERP customers. And when things go wrong, they unfortunately seem to go wrong in a big way. Companies that have been victimized by aggressive ERP providers who over promised and then under delivered can use litigation to recover the costs of delay and expensive change orders, missing functionality and ballooning expenses.
Our experience with licensing and other disputes with enterprise software companies also help in the ERP context. Our deep experience with Oracle related licensing disputes, may provide companies with an advantage when they are negotiating with Oracle or its subsidiary NetSuite relating to a failed ERP implementation. We also are aware of the potential pitfalls of utilizing financing from Oracle Credit Corporation ("OCC"), which Oracle/NetSuite customers need to know. Our attorneys understand litigation in this area and what strategies work, and which ones do not. And of course our attorneys are experienced at handling litigation in both the state and federal courts, as well as in arbitral forums. Often we can resolve disputes, before expensive and time consuming litigation needs to be filed.
And even where an ERP system is successfully implemented, the risk of serious data breaches remain. Our lawyers have counseled clients on strategies to address such risks in the ERP contract, and policies and procedures to implement after contract execution to further mitigate and reduce these risks.
We can also assist companies that are in the ERP software development phase to take concrete steps to create a record that they can rely upon to support their case in the event of litigation with the ERP software publisher or development partner. Often when a dispute arises the ERP provider will attempt to escape responsibility by pointing the finger at the ERP customer and claiming long customer delays in providing needed input or testing or other some other issue impacted the critical path. The software vendor uses such assertions to demand more time for project completion and more money. We assist our clients in developing strategies to head off or mitigate such assertions.
ERP related litigation has exploded over the last few years and we believe that litigation in the space will only grow. The number of ERP providers who have delivered what they have promised unfortunately seems to be the exception rather than the rule. Failure is all too common, with sometimes catastrophic results for ERP customers. And when things go wrong, they unfortunately seem to go wrong in a big way. Companies that have been victimized by aggressive ERP providers who over promised and then under delivered can use litigation to recover the costs of delay and expensive change orders, missing functionality and ballooning expenses.
Our experience with licensing and other disputes with enterprise software companies also help in the ERP context. Our deep experience with Oracle related licensing disputes, may provide companies with an advantage when they are negotiating with Oracle or its subsidiary NetSuite relating to a failed ERP implementation. We also are aware of the potential pitfalls of utilizing financing from Oracle Credit Corporation ("OCC"), which Oracle/NetSuite customers need to know. Our attorneys understand litigation in this area and what strategies work, and which ones do not. And of course our attorneys are experienced at handling litigation in both the state and federal courts, as well as in arbitral forums. Often we can resolve disputes, before expensive and time consuming litigation needs to be filed.
And even where an ERP system is successfully implemented, the risk of serious data breaches remain. Our lawyers have counseled clients on strategies to address such risks in the ERP contract, and policies and procedures to implement after contract execution to further mitigate and reduce these risks.
