
by Mia Taylor
Last updated: 3:15 PM ET, Tue August 6, 2024
The accusations continue to fly in the wake of last month¡¯s global IT outage that impacted scores of flights.
On the heels of Delta Air Lines saying it has ¡°no choice¡± but to pursue damages from Microsoft and CrowdStrike in relation to the tech meltdown, Microsoft is firing back.
Today, the tech giant accused Delta of not modernizing its technology in the lead up to the IT outage.
Mark Cheffo, a partner at?Dechert, the law firm representing Microsoft, said in a letter to Delta¡¯s attorney today that Microsoft is wondering why American Airlines, United Airlines and other carriers were able to bounce back from the global IT meltdown more quickly than Delta.
¡°Our preliminary review suggests that Delta, unlike its competitors, apparently has not modernized its IT infrastructure, either for the benefit of its customers or for its pilots and flight attendants,¡± Cheffo said in the letter, per CNBC.
Delta canceled some 5,000 flights as a result of the July 19 IT issue, which was triggered by a software update from CrowdStrike. Millions of computers that use Microsoft Windows were ultimately impacted worldwide ¡ª for both airlines and businesses alike.
Delta¡¯s CEO, Ed Bastian, said publicly last week that the airline is seeking about $500 million in damages for the massive disruption.
The airline shot back in response to Microsoft¡¯s new claims, pointing out that it has ¡°a long track record of investing in safe, reliable and elevated service for our customers and employees."
¡°Since 2016, Delta has invested billions of dollars in IT capital expenditures, in addition to the billions spent annually in IT operating costs,¡± Delta said in response to the Tuesday letter from Microsoft, according to a statement issued by the airline, per CNBC.
Additionally, back in July, Delta lawyers told Microsoft: ¡°We have reason to believe Microsoft has failed to comply with contractual requirements and otherwise acted in a grossly negligent, indeed willful, manner in connection with the Faulty Update¡± from CrowdStrike that triggered the IT issue.
Cheffo rejected Delta's assertion, stating in his own letter that while Microsoft ¡°empathizes with Delta and its customers..Delta¡¯s public comments are incomplete, false, misleading, and damaging to Microsoft and its reputation.¡±
Cheffo also said that Microsoft offered to provide Delta with free assistance in the wake of the July 19 tech incident. But according to Cheffo¡¯s letter, the airline rejected the support.
CrowdStrike has similarly rejected Delta's claims of negligence during the IT meltdown.
In a letter from
CrowdStrike¡¯s legal counsel to Delta's legal team that was dispatched on Sunday, the cybersecurity
company rebuked Delta's claims and highlighted the airline's own deficiencies.
In particular, CrowdStrike attorneys said the company was, ¡°highly disappointed by Delta¡¯s suggestion that
CrowdStrike acted inappropriately, and strongly rejects any allegation that it
was grossly negligent or committed willful misconduct.¡±
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