Case Analysis of Forward Software ( Risk Management)

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2012 Forward Software Group 12 397 Vishal Thakkar 396 Vipul Atal 395 Vinoth Kumar 394 Vinod Lomror 393 Vineet Kumar 392 Vinay Kumar [FORWARD SOFTWARE] Settlement or not Forward Software – Case Analysis Background Forward Software, Inc. launched, a new spreadsheet tool Cinco, to compete with Focus A-B-C in the market last year. In a short period of time through their aggressive pricing and marketing strategies they have captured substantial market share. Forward is now worried about the possibility of being sued by Focus for their interactive menu like they sued Discount software. After Discount and Forward launched their respective products in the spreadsheet tool market, market share of focus are going down. Recently they sued Discount software, a new and a small player, for copyright infringement for using their interactive menu design as it cannot be used without their permission. Sam, CEO of Forward Software knows that real target of Focus is Forward and not a small market player like Discount. He is worried about the fact that Focus were to win this case there are high chances (90%) that it will sue Forward Inc. also. Knowing the importance of this information, an outside law firm specializing in predicting case outcome in such cases has offered to conduct detail analysis of lawsuit against Discount to predict the outcome of that case. This external law firm is offering their services at $ 0.7 million and is known to have accuracy of 90% historically. Meanwhile, Forward has an opportunity of out of court agreement with Focus so as to avoid the negative publicity that may arise in future if lawsuit is initiated against them. But, the timing of this settlement is also critical as they could go for an out of sort settlement right now of wait for verdict against Discount come out and take a decision if a lawsuit is initiated against them. Sam, CEO of

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