“Blue Ridge” Pre-Litigation Project Recovery

In this project recovery assessment, DisputeSoft was engaged by a financial services company (codenamed “Blue Ridge”) to assess the merits of its case if it were to terminate and bring suit against a technology solutions vendor, which was both the licensor of an investment management system and the implementation services provider. Counsel retained DisputeSoft to investigate and identify the underlying issues and causes and determine the parties’ relative contributions to the failure. During the course of the investigation, DisputeSoft concluded that the project could be saved and informed counsel who initiated a restructuring of the Agreement and requested our help in that effort.

We assisted counsel and its clients to draft a detailed description of the work to be done to successfully complete the project, working with the company to develop an over 600-item project plan for the completion of the project with each parties’ tasks clearly delineated, and generally supported counsel with its renegotiation of the transaction. As an example, we assisted counsel and the company in using our assessment of the parties’ relative contribution to the inability to develop a cost sharing proposal and in developing compromises to the changes the vendor proposed in the description of the services and the project plan. The implementation is now on track to be successfully completed.

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