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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. He is one of the foremost attorneys in the country representing government entities, distributors and manufacturers in recovering damages arising out of failed Enterprise Resource Planning (ERP) software implementations.

The themes underlying failed SAP and Oracle ERP and digital transformation lawsuits are almost always the same. Vendors misrepresent functionality, cloud products are not fully baked, and salespeople minimize the software’s limitations while overselling its capabilities.

In this video, I discuss common themes in the many failed ERP implementations I have litigated in my career.

ERP implementations and digital transformations do not fail because of technology, they fail because of people. As a result, the master services agreement and the statements of works attached to it are easily some of the most important agreements you will negotiate to ensure project success. What does it need to include?  Milestones, deadlines, clearly

ERP Vendors are notorious for selling the “sizzle” and not the “steak.” It is no secret that with the rush to Cloud many solutions are half-baked.

When ERP vendors misrepresent the software’s functionality, the fit of the software for your business or industry, or misrepresent their experience in your industry, you may have a basis

Cloud Software is far from a sliver bullet. It is not a one-size-fits-all solution. The adoption of Cloud has less do to with its benefits but vendors’ desire to make money. 

Software vendors love to tout the benefits of cloud software. They will tell you that it offers more flexibility, is cheaper, requires less configuration

Enterprise software selection is one of the most important steps for a business on a digital transformation journey. Thinking through the ERP selection process and optimizing successful outcomes can greatly increase the likelihood of a successful digital transformation. Conversely, ignoring a Software selection process, succumbing to ERP vendor sales pressure, taking ERP salespeople at

Filing a lawsuit against your software vendor due to a failed software project is a big decision that can have long-lasting consequences. Before filing a lawsuit against your software vendor, it’s crucial to understand what you want to achieve. In this video, Taft Partner Marcus Harris discusses key issues to consider before filing a