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

It is hard not to wonder how current technology would have altered the events surrounding the tragic death of John F. Kennedy. On the afternoon of November 22, 1963, shots rang out in Dallas, TX, taking the life of JFK, one of the most beloved Americans. Given the same circumstances today, surely the advances in IT alone, would have drastically changed the outcome of that horrible day. Would the government have recognized that there was a viable threat looming over JFK? Would local and government agencies have been more prepared for a possible assassination attempt? Would the assortment of everyday communication devices assisted in the prevention of the assassination, not to mention, provided greater resources into the investigation? With all that the IT world has to offer today, how would it have altered the JFK tragedy?

As many conspiracy theories have rocked the foundation of the official story presented by government agencies, realization of the expansive nature of technology provides equal consideration as to how the event would have been changed had this technology been available during the time of the shooting. There were T.V. cameras, home 8mm recorders, even single shot-hand held cameras snapping away as the car caravan approached. Yet, there remains little documentation of the shooting and even less information pertaining to the precautions taken by officials prior to JFK's arrival. Theorists consider these possibilities along with how the world would have turned out had the great John F. Kennedynever been assassinated on that day.

When it comes to running a start up, leaders need to make sure that their key players are motivated. This has been seen with many companies. Back in the 1970's it was found with the inspiration and diligence of the late Daniel Nigro when he formed Kleer-Fax. More recently it was seen in David Khasidy, the founder and recently retired president of SunRay Power Management, the most dynamic green energy leader in the US today.

The question is, what is it that great leaders like David Khasidy and Daniel Nigro do that make the difference? How do the most vulnerable companies (start ups) break the mold and become a part of our everyday lives?

It starts with their mission and vision.

Create a Strong Mission and Vision

There are many reasons why start ups fail. For one, they usually lack the capital to last through the lean times. Secondly, they often don't have the tolerance for setbacks that occur. Lastly, they do not have a long-term plan, also called a mission.

When a business has a strong mission, the team knows it and their focus toward their work and service to others within and without the company reflects that. To complement that, the shorter term vision of the company needs to be present as well.

This can even be seen in sole proprietorships with no employees, such as when Brian Pascale started his law practice. His vision was to find justice for his clients while his mission was to build upon a career that had already set precedents in the area of tort law.

As his practice has grown, new staff members can sense the vision and mission he exudes.

Encourage Ownership of Projects and Processes

Start ups need to inspire and motivate their employees because they need to know that they are not only a part of something important, but that their contributions mean something.

What won't happen if they are not there? What contribution do they make, and what are the consequences of them not fulfilling their part of the work?

By encouraging ownership in projects, team members can find that the work they are doing is not only important for the organization, but that they are going to be a big part of what makes it happen. The alternative is that they feel replaceable.

Offer Incentives That Keep the Company Competitive

When team members embrace the mission and vision of the company, and then take ownership for the company's success, they are going to need to be justly rewarded.

This could include flexible schedules (for those who don't need a stringent one), use of an account at a nearby takeout place, or even the potential for ownership as a result of a vesting program.

The incentive everyone is looking for more immediately, though, is cash. When the company takes in more revenue as a result of the efforts of those on the team, rewarding them can go a long way not only in making them feel appreciated, but in encouraging them to bring in more business.

Members of a start up team are usually very talented, and commonly underpaid. However, if they believe they are going somewhere, it will make a big difference.

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Good non-programmer jobs for people with software developer experience