The move to the cloud has been transformative, but negotiating cloud and SaaS contracts presents its own set of challenges.
The legal and business terms presented in cloud contracts are different than in traditional on-premise software licenses.
In a cloud contract, you need to aggressively negotiate substantial discounts off of the list price of the software, you need to cap
ERP vendors and integrators will emphasize the ERP software’s ease of implementation and fit for your business. It is not always true.
You must conduct due diligence, use a software selection process, and negotiate a strong contractual framework to manage the implementation project.
The software sales process is designed to minimize the complexity of the software, the implementation process, and
ERP software implementations and digital transformations can be challenging, and the most common reason for their failure is not technology but people.
To ensure a successful implementation, you must pay close attention to the statements of work in your software contract package. These documents should clearly define deliverables, milestones, deadlines, acceptance testing criteria, and change order procedures, among other things.
As AI becomes increasingly prevalent in everyday life, legislators have taken notice, eyeing ways to regulate its use. Illinois has become the second state — after Colorado in May 2024 — to enact a law restricting AI use in employment. This new legislation builds upon existing protections in the Illinois Human Rights Act — a comprehensive law designed to protect
What are the top issues you need to focus on when negotiating with SAP, Oracle, and Infor?
In this video, we discuss some key issues you need to negotiate with your ERP vendors, like SAP, Oracle, NetSuite, Infor, Acumatica, Epicor, Tecsys, and others.
Understanding what to negotiate and who you are negotiating against is fundamental in leveraging the ERP contract negotiation process to your advantage.
You want to have a plan going into the negotiation process for what you will ask for, how you will mitigate risk, critical asks, and fall-back positions.
If you treat the ERP contract negotiation as an afterthought, you
The themes underlying failed SAP and Oracle ERP and digital transformation lawsuits are almost always the same. Vendors misrepresent functionality, cloud products are not fully baked, and salespeople minimize the software’s limitations while overselling its capabilities.
In this video, I discuss common themes in the many failed ERP implementations I have litigated in my career.
ERP implementations and digital transformations do not fail because of technology, they fail because of people. As a result, the master services agreement and the statements of works attached to it are easily some of the most important agreements you will negotiate to ensure project success. What does it need to include? Milestones, deadlines, clearly defined vendor obligations, expectations, and
ERP Vendors are notorious for selling the “sizzle” and not the “steak.” It is no secret that with the rush to Cloud many solutions are half-baked.
When ERP vendors misrepresent the software’s functionality, the fit of the software for your business or industry, or misrepresent their experience in your industry, you may have a basis for a lawsuit.
Taft partner
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal Trade Commission’s (“FTC”) non-compete rule (the “Rule”) to be set aside with respect to all employers nationally and that it shall not be enforced