Most failed ERP lawsuits brought against a software vendor include a claim for breach of warranty. Prior to the start of any Enterprise Software project, the warranty provisions within all contracts and agreements should have been reviewed and negotiated by the parties. These warranty provisions are often accompanied by disclaimers of warranties and a limitation…
In our practice, we represent both ERP vendors and ERP customers in connection with licensing and litigation matters. If an ERP software vendor is going to be sued in connection with an ERP software deal, the ERP vendor will be sued both in tort and contract. While every case is different, typical causes of action…
When selecting an ERP vendor and then negotiating contracts with that ERP vendor, clients are rightfully concerned about the cost of the software. From a legal perspective, our goal as ERP licensing and litigation attorneys is to draft contracts that: (i) protect your legal rights in the event of litigation; (ii) allow you to manage…
One of the most common causes of action brought against a software vendor for a filed ERP implementation is a claim for breach of contract. If proven, a breach of contract claim allows the non-breaching party to be put into the position it would have been had the breach not occurred. Typically, this means that…
ERP software contracts are almost always one-sided against the Customer in favor of the ERP Vendor. Enterprise software contracts frequently contain clauses and language that are highly beneficial to the ERP Vendor in the event a customer initiates ERP software litigation. Due to the nature of these one-sided contracts, ERP Customers are often left with…
ERP implementation failures are increasingly common. While ERP implementations fail for a variety of reasons, an ERP implementation usually does not fail because of some fundamental defect with the software. Software implementations often fail because of: (i) poor project management; (ii) the ERP vendor’s failure to follow implementation best practices; (iii) a lack of a…
If you are considering suing your ERP vendor for a failed ERP implementation, you need to ensure that you understand the process that is in front of you. ERP lawsuits are almost always difficult. Each presents unique challenges. Most importantly, they are extremely expensive. Below are some issues to keep in mind before deciding to…
On February 16, 2017, a UK court issued a ruling in the case of SAP UK Ltd. v. Diageo Great Britain Limited, that awarded SAP UK potentially tens of millions of dollars in damages and additional licensing fees because of Diageo’s “indirect access” of SAP software — software Diageo had already paid between £50 million…
An ERP software license by its very nature is a grant of a restricted right to access the ERP vendor’s software for a limited period under a limited set of conditions. The ERP vendor’s unstated goal is to retain as much control over the product for the duration of the license grant so it can…
ERP failures and ERP lawsuits are becoming increasingly common. ERP implementation failures almost always follow predictable patterns. In the cases we litigate we often see divergent expectations and inaccurate estimates of both the time and effort to make the ERP implementation successful – let alone on time and on budget. Below are three lessons from…