Pamela Fulmer
- Indexed articles, last 90 days
- 3
- Latest publication
- Aug 28, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 14, 2026
Latest articles
Your Contract Caps Damages. A Fraud Claim May Change The Analysis (opens the original)
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The call usually starts the same way. A general counsel describes a software implementation that consumed two years and eight figures and never worked. Then, before we get to the facts, she says the thing that almost stopped her from calling at all: “But I’ve read our agreement. Damages are capped at twelve months of fees. Consequential damages are waived. There’s an integration clause. We’re stuck.” She has read the contract correctly. She has drawn the wrong conclusion from it. A liability cap
The First 72 Hours: What To Do When A Software Audit Letter Lands On Your Desk — And The Five Mistakes That Cost Companies The Most Money (opens the original)
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The email arrives on a Tuesday afternoon. It is polite. It is addressed to someone in procurement or IT who has never seen one before. It references a section number in an agreement signed years ago by people who no longer work at the company. It asks for a call to “discuss your licensing position” and requests that you run an attached script and return the output within thirty days.There is no dollar figure in it. That comes later — and by then, the number will have been built almost entirely o
When The UCC Doesn’t Apply: California’s Common-Law Playbook For A Failed Cloud ERP (opens the original)
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Our earlier piece made two points that sit in tension. First, when a software vendor’s exclusive “repair or replace” remedy collapses, Article 2 of the Uniform Commercial Code may give a buyer a statutory path around contractual remedy limitations. See Cal. Com. Code § 2719. Second—and inconveniently—that doctrine applies only if Article 2 governs the transaction. A modern cloud ERP delivered as software-as-a-service may be characterized as a service rather than a sale of goods. If a court holds
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Top 500K sites
For Mondaq, the outlet · Measured Aug 1, 2026
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