Information Technology Litigation

Chadbourne has a premier information technology litigation practice. Our attorneys have successfully resolved countless information technology and software disputes.  We have significant experience trying information technology-related and consulting cases, with substantial and unique expertise with respect to the following:

• Disputes arising out of implementation of "off-the-shelf" ERP software (e.g., SAP and Oracle).
• Disputes arising out of implementation of custom-developed software.
• Disputes relating to cloud computing and Software as a Service (SaaS). 
• Complex cases pertaining to performance under IT outsourcing agreements.
• Disputes relating to termination of outsourcing and consulting agreements.
• Actions between IT contractors and subcontractors.
• High-stakes raiding and misappropriation of trade secrets cases in the IT arena.
• Executive employment and compensation disputes arising in an IT context.
• Claims regarding alleged breaches of data privacy and data security.

Our extensive experience with the world of information technology combined with our comfort and skills in the courtroom gives us the ability to provide our clients with desired results at a great value. Our substantial knowledge in the industry gives us a jump start in working with fact and expert witnesses and breaking down complex and dense subject matter so that it is easily understandable to a judge, jury, or arbitrator. We draw on our experience and trial skills to find the pressure points to push to bring cases to a successful resolution.

One of our partners has authored one of the few comprehensive works on this subject, the chapter Information Technology Litigation in the prestigious treatise, Commercial Litigation in New York State Courts, Third Edition (Robert L. Haig, ed.) West & NYCLA 2010.

Our information technology litigation representations include:

• Successful defense of a custom software developer of a telecommunications system against $100+ million in claims arising out of alleged systems failures.
• Obtained trial verdict in Federal Court (SDNY) in a software selection and implementation dispute pertaining to Oracle software.
• Collected a multi-million dollar payment for an IT consultant despite allegations of a failed Oracle implementation.
• Obtained payments in excess of $50 million in connection with complex outsourcing disputes.
• Achieved substantial settlement in a dispute relating to the adequacy of an SAP Blueprint.
• Representation of a global client in termination for cause of an outsourcing agreement against a top business process outsourcing firm, resulting in multi-million dollar savings for our client.
• Representation of a technology company to protect it against raiding of key cloud computing/hosting talent.
• Won numerous defense verdicts and appeals in executive employment discrimination, performance and incentive compensation disputes in the information technology industry.
• Obtained injunctive relief to protect IT trade secrets and custom development information and processes.
• Represented an IT consultant against claims that subcontractors were de facto employees.
• Successfully defended syndicated loan software developer against claims of misappropriation of trade secrets and copyright infringement.
• Achieved favorable outcome prosecuting misappropriation of trade secrets claim against manufacturer of integrated circuits.
• Obtained dismissal, with prejudice, of Sherman Act § 1 claim on behalf of parent of internet security software manufacturer.
• Represented purchaser of web-based tracking system of tractor trailer advertising when system failed to function as promised.

Chadbourne's information technology litigation practice draws on its professionals around the globe to cut to the heart of complex matters and bring them to successful resolution, whether by gaining leverage in negotiations, or through arbitration, or through state or federal courts.