Business Litigation

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:

  • Email: mharris@taftlaw.com
  • Work Phone: 312.840.4320

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

Agile software implementation methodology contributes to ERP failure.

  • Drafting SOWs that include milestones, deliverables, and deadlines is challenging when Agile is utilized.
  • Its iterative approach is not compatible with holding your ERP integrator accountable.
  • Spending less time defining the product beforehand and trusting that the product will come together one iteration at a time is problematic.  
  • Focusing on (i)

70% to 80% of all digital transformations fail. While you can debate that statistic, the reality is that your ERP implementation will take longer than expected, cost more than expected and you are unlikely to realize your expected business benefits. But why and what can you do about it? I discuss these issues in my latest YouTube video. #digitaltransformation #erpfailure

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