Software Litigation

As businesses continue to pursue mission-critical digital transformations and replace outdated legacy systems with the latest Enterprise Resource Planning (ERP) business software, technology projects have become more complex, costly and fraught with risk. A failed project can decimate operations, financial results, customer relationships, investors’ confidence and employee morale. When that happens, organizations need experienced counsel to help them navigate through the disruption, negotiate with software providers and implementers, and obtain maximum recovery from those responsible.

Loeb & Loeb’s Software Litigation practice is the preeminent team for disputes involving technology projects, software licensing, outsourcing, data migrations, warehouse management, supply chain logistics and theft of software-related trade secrets. We have unmatched experience representing companies and government entities in the recovery of damages stemming from failed and problematic implementations of ERP and other software solutions.

For over 25 years, our software litigation lawyers have represented clients in numerous industries—including warehousing and logistics, consumer products, transportation, chemicals, gas and electricity, electronics, apparel and footwear, financial services, health care and hospitals, medical devices, food and beverage, manufacturing, government services, retail, waste and recycling, natural resources and insurance—in litigation, trials and disputes involving botched implementations of SAP, Oracle, NetSuite, Microsoft and other ERP offerings, as well as customized solutions.

We have obtained substantial recoveries, totaling hundreds of millions of dollars, for clients whose ERP projects have been plagued by delayed or disastrous go-lives, skyrocketing costs, deficient project management, missing functionality, excessive customization and an endless series of false assurances by the integrator or developer. Harnessing our aggressive litigation and trial-ready skills, along with our deep understanding of the technical problems that lead to project failures—including design, configuration, coding, testing and project management—we successfully pursue actions against leading ERP providers and specialized software vendors.

Our role in ERP disputes typically begins when clients are either mid-project—facing missed deliverable deadlines, budget overruns and costly change orders imposed by integrators or developers to fix their own mistakes—or after go-live, when coding, functional and interface defects disrupt manufacturing, ordering, shipping, accounting, procurement, inventory, payroll and other core business processes.

In addition to ERP disputes, our software litigation lawyers focus on supply chain logistics, representing third-party logistics providers (3PLs), less-than-truckload (LTL) carriers and others in the distribution and e-commerce sectors. They have vast experience successfully handling disputes involving warehouse management contracts, transportation issues, inventory and supply chain systems, robotics, material handling equipment and conveyor and automated picking systems. 

Our lawyers frequently collaborate with Loeb’s leading Technology and Sourcing team to negotiate and draft software implementation, outsourcing and licensing contracts, as well as to advise on risk mitigation strategies before and during technology projects. Leveraging our long history in the technology sector, we proactively identify and address project issues to minimize disruptions and maximize our clients’ return on investment in their most important digital transformations and technology initiatives.