There is an old maxim that you should never get into a contract without the ability to get out of that contract. This is even more true with ERP-related contracts.
Oracle is known for being aggressive during the sales cycle and dismissive of any issues or concerns arising during implementation. Oracle’s in-house legal department is often unreasonable and unwilling to compromise.
Is it better to arbitrate or litigate digital transformation disputes? Like most things, it depends.
Choosing the right arbitrator(s) is everything. Pick incorrectly, and the
As we often say, the Cloud is not a one-size-fits-all all proposition and it is not a silver bullet. It is a fundamental shift in how companies purchase software. It carries data security risks. If you need to customize the software to meet unique business requirements, the Cloud may not be ideal for your needs.
On-premise software traditionally consisted of
Over the past 20 years, we have been involved in hundreds of disputes involving failed ERP software implementations and Digital Transformation. While the specific facts are always different, the claims and allegations involving a failed ERP implementation or Digital Transformation are remarkably similar. If you are, or have been, involved in a problematic ERP software implementation, the claims, allegations, and
On October 18, 2024, the Federal Trade Commission (“FTC”) gave notice that it would appeal a Texas federal court’s decision halting its non-compete rule (the “Rule”) from taking effect as to all employers nationwide. The appeal sets the stage for a decision by the conservative Fifth Circuit, which has become a key battleground for challenges to federal rules.
In August,
Contact: Marcus Harris
Technology Transactions
In today’s ever-evolving digital landscape and increasing reliance on technology, it is vital for organizations to have an expert legal team to assist with managing technology transactions. Taft’s Technology Transactions group is fully equipped to assess and manage legal matters related to technology with extensive knowledge, regulatory understanding, and practical experience to mitigate risk and
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 from those in traditional on-premise software licenses. You have no greater leverage with your vendor to negotiate meaningful concessions than before you commit to a multi-year term.
I have
Contact Marcus:
About Marcus
Marcus has established one of the country’s leading practices devoted to drafting and negotiating Enterprise Software related licenses, implementation and SaaS agreements, as well as litigating failed software implementations in courts and before arbitration panels across the country.
Read Marcus’s Full Bio on Taftlaw.com or download the PDF here
AI Vendors will draft contracts that limit their exposure in the event of a lawsuit. What are the most likely issues litigated in a commercial contract for artificial intelligence?
Data is the currency of AI. You need to ensure that you are protecting your data and making sure you have recourse in the event your data is compromised. Negotiating the