From modernizing business processes, accelerating workflows, and increased profitability, there are plenty of upsides to an ERP software implementation or full scale digital transformation. However, there are many things that can go wrong during and after the implementation process that can result in an implementation train wreck. In the cases we litigate on behalf of

Marcus Harris
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 Question You Need To Ask Yourself Before Filing A Lawsuit Against Your ERP Software Vendor:
Oversold and misrepresented software, missed deadlines, inexperienced consultants, and budget overruns are all common occurrences in a digital transformation. The reality is that as a customer, the odds of a successful ERP implementation, or digital transformation, are stacked against you.
When clients come to us in the midst of an ERP or digital transformation train…
The ERP Contract Negotiation Process – How Long Does It Really Take?
While the ERP contract negotiation process is dependent on the facts of the particular transaction, all negotiations have a similar process and a similar trajectory. The cost of the software and implementation, the importance of the software being licensed, the number of vendors, and the risk presented by the technology will all impact the length…
Recessions Amplify The Risks To A Successful Digital Transformation
There are lots of ways a digital transformation can go wrong, even with a negotiated contract that spells out in detail what the software vendor and integrator will do, when they will do it, and what they will be paid. This is even more true during a recession. As we have repeatedly said on this…
Tips for Negotiating SAP S/4HANA Contracts
In this video, Taft partner Marcus Harris and Third Stage Consulting Group CEO Eric Kimberling discuss best practices for SAP S4 HANA implementation, including ERP contract negotiation strategy, due diligence, and more.
Eric Kimberling And Marcus Harris Discuss Tips for Negotiating SAP S/4HANA Contracts – YouTube
The Most Important Document You Will Negotiate in Your Digital Transformation
The most important document related to your ERP implementation, integration, or digital transformation is the statement of work. Including milestones, deliverable specifications, and acceptance testing criteria are all critical to getting your implementation or digital transformation off on the right foot. Learn more from Taft partner Marcus Harris in this video:
Oracle Acquires Cerner – What to Expect
Oracle recently made its largest acquisition ever by closing a $28 billion deal for electronic health care data company, Cerner. Cerner is a cloud-based platform targeted around Veteran Affair’s patient safety concerns. Oracle’s acquisition of Cerner is a strategic move by Oracle to expand into the healthcare industry. By acquiring a healthcare company, Oracle aims…
Three Things You Must Focus On When Negotiating A SaaS Agreement
SaaS agreements are often difficult to negotiate and the terms and conditions can be counterintuitive. In this video, Taft Chicago partner Marcus Harris breaks down some of the most important issues you need to focus on when negotiating a SaaS agreement.
Three Things You Must Focus On When Negotiating A SaaS Agreement
Leveraging Oracle’s Fiscal Year End
Does an ERP vendor’s fiscal year matter in the discount you get as a customer? Absolutely. Oracle’s fiscal year ended in May, and Oracle’s salespeople are notorious for pressuring customers into signing deals with significant discounts prior to year-end under the notion that the discount will disappear after the year-end. Customers need to take into…
Three Issues to Focus On When Negotiating a Software License Agreement
Drafting, reviewing, and negotiating software license agreements is challenging. In this video, Taft Chicago partner Marcus Harris breaks down three issues to focus on during any review or negotiation of a software license agreement
Three Issues to Focus on When Negotiating a Software License Agreement