In an appearance before the Denver City Council’s Governance Committee in February of this year, Denver’s Chief Information Officer, Scott Cardenas, explained that the city of Denver would be paying additional license fees to Oracle as a result of breaching the scope of its license agreement. The cost to Denver’s tax payers: nearly $4 million.…
After coming to the decision to sue your software vendor, one of the first steps is to determine whether to use arbitration or litigation. Depending on a multitude of factors, there are both practical and strategic reasons to use one or the other. As a preliminary matter, the software vendor contract will sometimes contain…
After making the decision to file a lawsuit for a failed implementation or ERP project, one of the first things that should be analyzed is the contract executed with the ERP vendor. Having analyzed hundreds of these implementation contracts, one thing is abundantly clear: they all contain language that is strongly in favor of the…
If you are dealing with an ERP implementation train wreck, you generally have two options: (1) do everything you can to get the software vendor to live up to its contractual obligations and make the software work; or (2) cut your losses and file a lawsuit. Failed ERP implementation lawsuits are almost always expensive and…
If you have been in business long enough, you are likely to be threatened with a lawsuit. In the context of allegations of a failed ERP software implementation, you need to quickly assess risk and create opportunities for early resolution. The goal is to make effective decisions to avoid the actual filing of a lawsuit. …
In the most general sense, a manufacturing business is any business that procures or refines components and raw materials to create a finished good. The finished good can be made to furnish for consumers directly, other companies to use in its own business, or to other manufacturing businesses who may use the finished goods to…
On March 13, 2017, Chicago-based MillerCoors filed a breach of contract lawsuit in the Northern District of Illinois against HCL Technologies (an Indian-based ERP implementer) and its American affiliate HCL America. The lawsuit is related to an SAP upgrade involving SAP’s Global Available to Promise and Extended Warehouse management software. The following details are taken…