HP is taking legal action against Oracle for allegedly breaching its 2010 partnership agreement of porting HP’s core software products with the latest versions of Itanium. In March, Oracle announced it would not be developing any new versions for products designed for the Itanium processor. Itanium has the ability to power the so-called Business Critical Systems hardware for extremely demanding enterprise applications. However, Oracle said the chip line is about to die.

The companies’ lawyer met in the Santa Clara County Superior Court with Judge James Kleinberg presiding to discuss their side of the event. Others in the courtroom included Ann Livermore, HP board member and former enterprise business chief, and Oracle’s co-President Safra Catz. Catz and Livermore were the two key negotiators for the agreement. Livermore was to testify later in the day. Kleinberg is set to rule if the companies had a legally binding contract.

Jeff Thomas, HP’s lawyer, focused on the so-called Hurd Agreement wording, where the companies reiterated their partnership after Oracle hired Mark Hurd, former CEO for HP. HP also sued Hurd for breaking the confidentiality agreement.

Thomas and the lead lawyer for Oracle focused on one paragraph of the agreement, which read Oracle would continue to provide its product suite on the HP platform in a way that’s consistent with the existing partnership before Hurd’s hiring.

The line between IT consulting and management consulting is quite often blurred, with overlaps between the two fields habitually happening. Worse still, most people do not understand who an IT consultant really is, or what he/she does. There are those who think the job entails fixing computers, others – selling computers and associated accessories. This is misleading though.

In a nutshell, IT consultants are professionals who aid businesses in deciding what computer tools and technologies are best placed to grow and sustain a profitable business. They work hand in hand with clients to help integrate IT systems into the latter’s business. They show clients how to use technology more efficiently, and in so doing, the client is able to get a higher return on their technology investments, and ultimately, increase the bottom-line.

IT consultants, or IT advisories, could work independently or for a consulting firm, with their clientele spread across all sorts of businesses and industries. Companies hire or contract the consulting firm to come in and analyze their IT systems and structure.

The job itself is not short of challenges, however, and the path to becoming a successful IT consultant is fraught with its fair share of ups and downs. But hey, which job isn’t? Experience is the best teacher they say, and only after you’ve worked as a consultant for a number of years will you finally gain invaluable understanding of what is expected of you. Learning from the experiences of those who’ve been in this business for long is a good starting point for those who decide to venture into the world of IT consultancy.

The world of technology moves faster than the speed of light it seems. Devices are updated and software upgraded annually and sometimes more frequent than that.  Society wants to be able to function and be as productive as they can be as well as be entertained “now”.

Software companies must be ready to meet the demands of their loyal customers while increasing their market share among new customers. These companies are always looking to the ingenuity and creativity of their colleagues to keep them in the consumer’s focus. But, who are these “colleagues”? Are they required to be young, twenty-somethings that are fresh out of college with a host of ideas and energy about software and hardware that the consumer may enjoy? Or can they be more mature with a little more experience in the working world and may know a bit more about the consumer’s needs and some knowledge of today’s devices?

Older candidates for IT positions face many challenges when competing with their younger counterparts. The primary challenge that most will face is the ability to prove their knowledge of current hardware and the development and application of software used by consumers. Candidates will have to prove that although they may be older, their knowledge and experience is very current. They will have to make more of an effort to show that they are on pace with the younger candidates.

Another challenge will be marketing what should be considered prized assets; maturity and work experience. More mature candidates bring along a history of work experience and a level of maturity that can be utilized as a resource for most companies. They are more experienced with time management, organization and communication skills as well as balancing home and work. They can quickly become role models for younger colleagues within the company.

Unfortunately, some mature candidates can be seen as a threat to existing leadership, especially if that leadership is younger. Younger members of a leadership team may be concerned that the older candidate may be able to move them out of their position. If the candidate has a considerably robust technological background this will be a special concern and could cause the candidate to lose the opportunity.

Demonstrating that their knowledge or training is current, marketing their experience and maturity, and not being seen as a threat to existing leadership make job hunting an even more daunting task for the mature candidate. There are often times that they are overlooked for positions for these very reasons. But, software companies who know what they need and how to utilize talent will not pass up the opportunity to hire these jewels.

 Related:

H-1B Visas, the Dance Between Large Corporations and the Local IT Professional

Is a period of free consulting an effective way to acquire new business with a potential client?

Controversy was recently courted as Southern California Edison (SCE) prepares to cut their own staff while looking to meet their staffing needs with offshore employees skilled in the field of “IT” or Informational Technology. This has been the second major utility company in the United States to take this path towards providing services to its consumers while holding current rates at consistent levels. SCE does not disclose the exact numbers of expected lay-offs, but the LA Times reports that it is in the hundreds.  Utility companies tell their consumers that these moves are necessary as a hedge against inflation and to keep their services at rates that their customers can easily afford. Critics claim that the use of foreign workers is the first step to using an entirely foreign workforce and promoting large scale unemployment amongst American citizens. Often this has been seen as a conflict between national and international workers for the same jobs, salaries and careers.

It has been noted that this State of California utility company, much like other corporations that hire foreign workers does so primarily when there is a shortage of national citizens that can perform these jobs well. IT workers that are brought in with H-1B Visa work permits usually are college educated and hold expertise in technical areas and studies that local employees may not be especially trained in. Once again, critics decry the fact that these employees are not hired directly. On shore contracting companies operating in the continental United States are directly hired by the utility companies. These contracted companies then serve as “middle-men” and hire a wide range of foreign workers with H-1B paperwork so that they can move to the United States. The workers then perform a variety of jobs instead of American workers who were either born in the country or have achieved American citizenship on their own.

Needless to say, the amount of visas issued in a given year is a concern for U.S workers in various fields but particularly in Information Technology. As large corporations stack the employment deck with foreign workers who put in the hours for a fraction of the pay-rate for local employees, local IT professionals are finding it more difficult to find work nationally.  They encounter rejections, endless interview processes or low –ball offers from companies and recruiting agencies looking to fill positions at a bare minimum cost for coveted skill-sets.  

Meanwhile, an H-1B worker is a worker brought in on a temporary basis with a visa allowing them to work freely in the United States. Much like a student or travel visa, it is issued for on a calendar oriented basis.  Applicants who successfully renew the visa for an extended period of time can expect to work in the United States for up to ten years.  Although U.S companies hiring these employees may pay them less than their local employees, the salaries earned by H-1B Visa workers are almost always higher than these workers would earn in their own country of origin.

Both sides can agree on several issues. When it comes to these H-1B Visa workers, their assignments are generally of a contractual nature and require them to reside in this country for a period of months to years. However it is also an accepted fact that while they are in this country, they are responsible for paying rent, utilities and all other living expenses. As residents of the United States on a permanent basis, they are also liable for taxes on any salary they have earned while living here.

Dr. Norman Matloff, a professor at the University of California, Davis and writer on political matters believes the shortage to be fiction. In his writing for the University of Michigan Journal of Law Reform, he claims that “there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous. The American Immigration Lawyers Association (AILA) agrees with him and describes the situation as a crisis. Likewise, other studies from Duke, Alfred P. Sloan Foundation and Georgetown University have disputed that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry