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Whether you call it a consulting agreement, a professional services agreement, or a master services agreement, it is the document that has the most significant impact on the success of your digital transformation.

In this YouTube video, I discuss key issues to consider.


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In an ERP software contract, there is a substantive difference between a warranty obligation and maintenance and support.

  • Having one does not negate the need for another.
  • ERP software warranties are for a limited duration. When that warranty period starts is critically important.
  • ERP software warranties are also warranties of reference. A typical warranty will obligate the vendor to provide

For a cloud solution, a service level agreement is critical.

  • A software vendor needs to contractually commit to making the software available to you for a certain percentage of time.
  • A service level agreement must specify the uptime guarantee, detail periods when the software might not be available, and provide substantive remedies if the software vendor fails to meet its

In December 2024, the Illinois Supreme Court issued guidance on the use of AI (guidance) by judges and other lawyers.

The guidance comes after several high-profile instances of misuse of generative Artificial Intelligence (AI) in litigation, including cases where lawyers used AI to draft briefs that later cited non-existent case law. For instance, in several cases, lawyers used generative AI

Make no mistake—your ERP implementation or Digital Transformation will be more difficult than expected.

What are some common causes of project failure?

  • In the cases we litigate, we often see customers who have failed to adequately test deliverables and functionality, invest in change management, and devote enough time to training.
  • ERP implementations are not just software development projects.
  • Understanding what

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.

  • I’ve litigated against Oracle, negotiated with Oracle, and mediated disputes with Oracle throughout my career.
  • Make no mistake: Oracle is difficult to deal with. Their salespeople are aggressive, their

Is it better to arbitrate or litigate digital transformation disputes? Like most things, it depends.

  • Arbitration is usually less expensive and quicker than litigation.
  • You can select an arbitrator with ERP software and technology experience, and the dispute is confidential.
  • In some scenarios, you may have a panel of arbitrators.

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