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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 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

Understanding what to negotiate and who you are negotiating against is fundamental in leveraging the ERP contract negotiation process to your advantage.

You want to have a plan going into the negotiation process for what you will ask for, how you will mitigate risk, critical asks, and fall-back positions.

If you treat the ERP contract

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