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…
Earlier this month Chicago-based MillerCoors LLC filed a lawsuit in the Northern District of Illinois against India’s HCL Technologies and its US affiliate HCL America over a recent SAP ERP implementation. MillerCoors is claiming breach of contract and seeking in excess $100 million in damages. HCL is India’s fourth-largest software services provider. The complaint…
Starting any new business is difficult. Starting a new cloud computing business in a space already saturated by both entrepreneurs and established corporations is ruthless. Every dollar and every minute is precious to make your business succeed, and any misstep while growing your business may have disastrous results that, at minimum, will cost you more…
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…