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Roseanne Rosanna Dana, a popular character in the early years of Saturday Night Live, had a catch phrase, “If it’s not one thing, it’s another!” This seems to describe what happened with National Grid USA’s ERP software system integration and why Wipro recently settled a lawsuit National Grid (NGUSA) filed against it for $75-million. It appears that everything that could go wrong with NGUSA’s system did go wrong. NGUSA is a subsidiary of a UK…
The U.S. Supreme Court provided much-needed clarity on the effect bankruptcy has on the licensor’s right to revoke a trademark license. On May 20, 2019, SCOTUS decided, in an 8-1 decision, that “A debtor’s rejection of an executory contract under Section 365 of the Bankruptcy Code has the same effect as a breach of that contract outside bankruptcy. Such an act cannot rescind rights that the contract previously granted.” Mission Product Holdings, Inc. v. Tempnology,…
Recently, The Hertz Corp. filed a $32-million lawsuit against consulting behemoth Accenture LLP for what Hertz claims was the botched development and delivery of a new website for all of the Hertz’s brands. The project was launched in August 2018, missed its original December 2017 delivery date that slipped to January, 2018 and then again to April 2018. That’s when Hertz pulled the plug. Although the dispute involves a website, the factors leading to the…
In mid-May 2019, I spoke at a two-day conference on avoiding problems with SAP S/4HANA ERP software , integration and implementation projects. Many users run into the same kind of problems with their SAP S/4Hana software implementation. As an ERP attorney whose career includes working on the vendor side of ERP as well as negotiating and drafting SAP S/4Hana contracts for users and litigating disputes when the SAP S/4Hana implementation encounters problems, we have seen…
For several years now, it’s been widely known how Google and Facebook abuse the privacy of users. Apple Inc. always insisted it was different. A recent ad proclaimed “What happens on your iPhone stays on your iPhone” and CEO Tim Cook once boasted in a talk “We’re not Google.” It turns out that may not be true. Twice during the last week of May, 2019, Apple got bruised for doing about the same thing as…
On May 16 and 17, Taft partner Marcus Harris spoke at a two-day conference on avoid problems with SAP S/4HANA ERP development, integration and implementation. The Taft law firm co-sponsored the event with Third Stage Consulting. Because ERP digital transformations can become difficult, the conference looked at how and why system integrators that focus on SAP are not able to provide either the best practices or the vision needed to ensure that the project…
In the summer of 2015, we cautioned that the Department of Defense’s (DoD’s) new cybersecurity regulations could be used offensively to support False Claims Act (FCA) cases and bid protests. Four years later, those premonitions have unfortunately come true. Recently, a federal court refused to dismiss a relator’s implied certification FCA case in which he alleged that his employer “misrepresented … to the government the extent to which it had equipment required by the regulations,…