What Is It

A trademark holder may file a complaint alleging trademark infringement against hundreds of defendants identifying them as the “Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations” on Schedule A, which may be filed separately from the complaint or under seal. Infringers often use an alias and as a result, the actual names and locations of many…

Software salespeople rarely look out for your best interests.

• They minimize the complexity of the software’s implementation and mischaracterize it as an out-of-the-box solution designed to include industry best practices.
• The likelihood that a software developer understands your best practices as well as you do and designed the software to incorporate your best practices into the software is zero.
• Similarly,

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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.

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

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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

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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

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