The legal dispute between HR software rivals SuccessFactors and Softscape
has narrowed to one case.
A Massachusetts superior court last month dismissed Softscape’s suit alleging
trade-secret theft by SuccessFactors.
In his ruling to dismiss the suit, Associate Justice Timothy Feeley said
Softscape was making the same factual allegations in federal court in
California, where SuccessFactors sued Softscape earlier this year.
The decision could speed a resolution of the litigation between the firms,
which are two of the leading players in the fast-growing field of talent
management applications.
Talent management software refers to tools that help with key human resource
tasks, such as recruiting and employee performance management. Sales of the
products have been brisk, partly thanks to fears of a looming shortage of
workers as baby boomers age and retire.
In a statement, Wayland, Massachusetts-based Softscape said it was “pleased”
with the move to dismiss the suit it filed in June.
“Based on this ruling, it’s clear that the Court thought it would be more
efficient if the claims raised in the Massachusetts case are tried in
California, given that the other case was already pending there and Softscape
has raised similar facts in defense of the claims there,” the company said in a
statement. “The Court in no way ruled or commented on the actual merits or
validity of Softscape’s allegations against SuccessFactors raised in
the Massachusetts case.”
Litigation between the companies goes back several years.
Softscape sued San Mateo, California-based SuccessFactors in 2005 in
connection with a former Softscape employee who had joined SuccessFactors. That
suit resulted in a settlement in which both companies agreed not to solicit each
other’s employees for a six-month period that began in June 2007.
But SuccessFactors continued to “target Softscape employees” within that
period, Softscape alleged in its June lawsuit filed in Massachusetts.
SuccessFactors called that lawsuit an attempt to divert attention from
Softscape’s “illegal and reprehensible conduct.”
In March, SuccessFactors sued Softscape in the U.S. District Court for the
Northern District of California, accusing it of false advertising, unfair
competition and other alleged misdeeds associated with the circulation of a
PowerPoint presentation that was highly critical of SuccessFactors. Softscape
has said it authored the document but that it was for internal use only.
A judge issued a preliminary injunction that bars Softscape from
disseminating or “affirming the purported truth or accuracy of” the
presentation.
There are some 20 vendors competing in talent management software. Both
SuccessFactors and Softscape are highly regarded. A Forrester Research study last year of 10 integrated performance and
compensation management products found four leaders: SuccessFactors, Softscape,
Authoria and Plateau Systems.
The rivalry between SuccessFactors and Softscape has taken on the flavor of a
duel between their respective CEOs. Noting that four members of the Watkins
family—CEO Dave Watkins along with his father, mother and brother—have roles at
Softscape, SuccessFactors CEO Lars Dalgaard has accused the firm of nepotism.
Watkins, in turn, has said Dalgaard is jealous of Softscape’s profitability.
—Ed Frauenheim
This article has been revised to reflect the following correction:
Correction: October 22, 2008
Forrester’s 2007 study of 10 integrated performance and compensation management software products initially concluded there were three leaders: Authoria, Softscape and SuccessFactors. Later, Forrester corrected its report, saying there were four leaders: Authoria, Plateau Systems, Softscape and SuccessFactors. This story did not reflect the conclusion of the updated report.
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