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.

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

Disruptive technologies such as hand-held devices, cloud computing and social media are rattling the foundations upon which traditional businesses are built. Enterprise customers have grown smarter at ensuring the latest technological trends work in their favor. Everyone is trying to zero in on their core competencies by employing commodity services to run their business.

Likewise, enterprise application vendors need to zero in on their core competencies and enhance more value to the businesses of their clientele by leveraging standards-based commodity services, such as IaaS and PaaS, provided by leaders in those segments (e.g. Amazon EC2, Google Cloud Platform etc.).

What else enterprises need to do is learn to adopt new and emerging technologies such as cloud, utility and social computing to build on them to penetrate new market avenues.

New small and medium-sized entrants into the market are constantly challenging enterprises given their ability to rapidly turnaround and address the requirements of the customers in a cost-effective manner. Additionally, these new advancements also affect how enterprises create, deploy, and manage solutions and applications. If you take the example of Force.com, for instance, you find that it’s a common war zone for enterprise application vendors to furnish SME markets with their applications, with the new entrants mostly having an edge.

Being treated like a twelve year old at work by a Tasmanian-devil-manager and not sure what to do about it? It is simply a well-known fact that no one likes to be micro managed. Not only do they not like to be micro managed, but tend to quit for this very reason. Unfortunately the percentage of people leaving their jobs for this reason is higher that you would imagine. Recently, an employee retention report conducted by TINYpulse, an employee engagement firm, surveyed 400 full-time U.S. employees concluded that, "supervisors can make or break employee retention."

As companies mature, their ability to manage can be significant to their bottom line as employee morale, high staff turnover and the cost of training new employees can easily reduce productivity and consequently client satisfaction.  In many cases, there is a thin line between effective managing and micro managing practices. Most managers avoid micro managing their employees. However, a decent percentage of them have yet to find effective ways to get the most of their co-workers.  They trap themselves by disempowering people's ability to do their work when they hover over them and create an unpleasant working environment. This behavior may come in the form of incessant emailing, everything having to be done a certain way (their way), desk hovering, and a need to control every part of an enterprise, no matter how small.

Superimpose the micro manager into the popular practice of Agile-SCRUM methodology and you can imagine the creative ways they can monitor everything in a team, situation, or place. Although, not always a bad thing, excessive control, can lead to burnout of managers and teams alike.  As predicted, agile project management has become increasingly popular in the last couple of decades in project planning, particularly in software development.  Agile methodology when put into practice, especially in IT, can mean releasing faster functional software than with the traditional development methods. When done right, it enables users to get some of the business benefits of the new software faster as well as enabling the software team to get rapid feedback on the software's scope and direction.

Despite its advantages, most organizations have not been able to go “all agile” at once. Rather, some experiment with their own interpretation of agile when transitioning.  A purist approach for instance, can lead to an unnecessarily high agile project failure, especially for those that rely on tight controls, rigid structures and cost-benefit analysis.  As an example, a premature and rather rapid replacement of traditional development without fully understating the implications of the changeover process or job roles within the project results in failure for many organizations.