A Brunsker, Brazilian technology company, reversed a crucial legal battle against Oracle and managed to annul a million-dollar charge that could have driven the company to bankruptcy. The clash began after a failed acquisition attempt (M&A) by a partner of Oracle, that offered only R$ 3 million for 51% of Brunsker (in the form of investment in the operation – cash in), given that Brunsker was generating about R$ 600 thousand monthly and was on an upward trend. In the face of refusal, Oracle has taken aggressive measures to pressure the company, unilaterally modified the billing method
The strategy involved an abusive increase in the cost of the contract between the two companies. The amount paid monthly by Brunsker for the use of Oracle technology jumped from R$ 40 thousand to R$ 500 thousand, without any financial proportionality in relation to the scope of the services. With the impossibility of bearing the "adjustment", what was basically the revenue value of Brunsker, filed a lawsuit to prove that the increase was unenforceable. However, to make the measure even more aggressive, Oracle requested judicially (by counterclaim) the maturity of the upcoming installments without Brunsker having used the absurd amount of R$ 5,3 million, that there is a view of the time, interest and monetary corrections can reach amounts exceeding R$ 16 million
According to Sthefano Cruvinel, CEO of EvidJuri, to exemplify suffocation"it would be like someone renting a house with a 36-month contract", the owner increased the rent abusively (from 5 thousand to 50 thousand) and still made you leave the property and pay as a penalty all future installments, score Cruvinel
A first trial was unfavorable to the Brazilian company, that was sentenced to pay the full increase, just as it condemned the company that had been growing (Brunsker) which was notably suffering pressure to sell, to pay the abusive increases and the future amounts of the contract
In this scenario, the EvidJuri, national reference in evidential intelligence and technical audits for complex litigation, was called to restructure the legal-evidentiary strategy in the appellate phase and overturn an unjust and technically flawed judicial decision
With a strategic performance based on robust technical opinion and independent audit, EvidJuri demonstrated that the process could not advance without the careful assessment of a specialist. The work brought to light hidden technical inconsistencies and documentary evidence that supported the need for a new analysis
The resultsentence annulled, inflated charge annulled and million-dollar debt extinguished, ensuring the continuity and return to growth of Brunsker in the market, that was again sought by Oracle's partner (SkyOne) to acquire the portfolio, again with a low price and using insider information
This victory goes beyond Brunsker. It is a fundamental precedent for Brazilian companies facing unfair pressures from largeplayersinternational and who believe in Justice. Respect for contracts and free competition is essential for the technology sector, where power and money cannot overshadow the people and families who depend on much smaller companies than an Oracle. We came to rebalance this scale.”, Sthefano Cruvinel stated, CEO of EvidJuri
