Frequently Asked Questions

Can I sue my ERP vendor for a failed implementation?
Yes. Companies have successfully brought claims against ERP vendors and implementation partners for fraud in the inducement, misrepresentation, breach of contract, unfair business practices, and related torts when a vendor oversold the system's capabilities, misrepresented the timeline, or failed to deliver a working implementation. The strength of your claim depends significantly on what was represented during the sales process and how those representations compare to what was actually delivered. Although the vast majority of our cases have resolved amicably without the need for litigation, Tactical Law Group has filed federal litigation against Oracle on behalf of a client in exactly these circumstances.

How do ERP disputes typically get resolved?
Most ERP disputes are resolved through negotiated settlement before or during litigation, often without a trial. Strategic pre-litigation positioning — documenting the vendor's misrepresentations, identifying contractual breaches, and establishing damages — creates the leverage necessary to drive meaningful settlements. When a vendor or integrator refuses to negotiate in good faith, Tactical Law Group is fully prepared to pursue claims through arbitration or federal court litigation.

What ERP vendors does Tactical Law Group handle disputes against?
We can handle ERP disputes involving any major ERP vendor such as Oracle (including Oracle Fusion and NetSuite SuiteSuccess), SAP, Epicor, Sage, and other major enterprise and mid-market ERP platforms. We also represent clients in disputes with third-party implementation partners and system integrators regardless of the underlying ERP platform.

What is software audit defense and do I need an attorney?
A software audit is a formal demand from a software publisher — such as Oracle, Quest, Microsoft, SAP, or VMware — requiring you to document and verify your license compliance. Publishers use audits aggressively to generate significant post-audit revenue through alleged compliance gaps, true-ups, and backdated licensing fees. An experienced software audit defense attorney can control the audit scope, challenge overbroad claims, and dramatically reduce or eliminate your financial exposure. Engaging counsel early — before you respond to the audit notice — is almost always the most cost-effective approach.
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Does Tactical Law Group handle software audits outside of California?
Yes. While Tactical Law Group is based in San Francisco, California, we represent companies in software audit defense matters throughout the United States. Software audits are typically governed by the contract's choice-of-law provision, and we are experienced in navigating audits under various governing law frameworks and can associate in local counsel when required.  However, given California's focus on technology, including Artificial Intelligence, we have found that many software publishers select California law to govern their agreements. Our presence in California makes us well positioned to handle such disputes.

How is Tactical Law Group different from a large law firm for technology disputes?
​Clients who come to Tactical Law Group receive direct, senior-level attention from an attorney with more than 35 years of technology litigation experience — not work product generated by junior associates with limited supervision. Because we are a boutique firm focused in large part on technology disputes and licensing, we bring deeper subject-matter expertise at lower cost than firms where technology matters compete for attention alongside dozens of other practice areas.