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.
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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
AI vendors will typically use traditional software licensing or SaaS models to sell their functionality.
While that generally makes sense, nuances associated with acquiring AI functionality need to be accounted for and negotiated.
Continue Reading Negotiating Commercial Contracts with AI Vendors
Agile software implementation methodology contributes to ERP failure.
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
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
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
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
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
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.