HP is taking legal action against Oracle for allegedly breaching its 2010 partnership agreement of porting HP’s core software products with the latest versions of Itanium. In March, Oracle announced it would not be developing any new versions for products designed for the Itanium processor. Itanium has the ability to power the so-called Business Critical Systems hardware for extremely demanding enterprise applications. However, Oracle said the chip line is about to die.

The companies’ lawyer met in the Santa Clara County Superior Court with Judge James Kleinberg presiding to discuss their side of the event. Others in the courtroom included Ann Livermore, HP board member and former enterprise business chief, and Oracle’s co-President Safra Catz. Catz and Livermore were the two key negotiators for the agreement. Livermore was to testify later in the day. Kleinberg is set to rule if the companies had a legally binding contract.

Jeff Thomas, HP’s lawyer, focused on the so-called Hurd Agreement wording, where the companies reiterated their partnership after Oracle hired Mark Hurd, former CEO for HP. HP also sued Hurd for breaking the confidentiality agreement.

Thomas and the lead lawyer for Oracle focused on one paragraph of the agreement, which read Oracle would continue to provide its product suite on the HP platform in a way that’s consistent with the existing partnership before Hurd’s hiring.

It’s the eternal conundrum of a hiring manager – you have to hire for every single position in the company without any first-hand experience. How to do it? If you can have a trusted programmer sit in on the interview, that’s ideal, of course. But what if you’re hiring your first programmer? Or what if you’re hiring a freelancer? Or what if company policy dictates that you’re the only person allowed to do the interviewing? Well, in that case, you need some helpful advice and your innate bullshit detector. We questioned programmers and hiring managers and compiled a list of dos and don’ts. Here are some things to ask when interviewing programmers:

Past Experience

Ask the programmer about the biggest disaster of his career so far, and how he handled it. Did he come in at midnight to fix the code? Was he unaware of the problem until someone brought it up? Did someone else handle it?  According to our programmer sources, “Anyone worth their salt has caused a major meltdown. If they say they haven’t, they’re lying. Or very, very green.” Pushing a code with bugs in it isn’t necessarily bad. Not handling it well is bad.

As usual, your biggest asset is not knowing the field, it is knowing people. Asking about career disasters can be uncomfortable, but if the interviewee is experienced and honest then she won’t have a problem telling you about it, and you will get an idea of how she handles mishaps. Even if you don’t understand what the disaster was or how it was fixed, you should be able to tell how honest she’s being and how she handles being put on the spot.