The China Council for the Promotion of International Trade has currently issued at least 4,811 force majeure certificates due to the COVID-19 pandemic (link). These certificates qualify the coronavirus outbreak as a force majeure event and certify that a party’s partial performance or failure to perform under an agreement be excused if there
Software and Technology
FDA Sounds the Alert on Potential Cybersecurity Vulnerabilities in Medical Devices
By Neal Roach Jr. on
Posted in Cybersecurity, Software and Technology
The U.S. Food and Drug Administration (FDA) issued a press release on March 3, 2020, to inform patients, health care providers and manufacturers about a newly discovered cybersecurity vulnerability. A vulnerability set referred to as “SweynTooth” affects wireless communication technology known as Bluetooth Low Energy (BLE). BLE allows two devices to “pair” and exchange information…
When ERP Projects Fail, It Often Starts at the Top
By Marcus Harris on
Posted in ERP software system, Software and Technology
The list of ERP software system train wrecks is legendary – and growing. Hardly a month passes without news appearing of another lawsuit being filed against a vendor or integrator by a customer who claims they wasted tens of millions of dollars – sometimes hundreds of millions – only to discover than an upgrade or…
The Overlooked IoT Data Security Law in California
By Marcus Harris on
Much of the business world has been focusing on ensuring it is compliant with California’s tough Consumer Privacy Act (CCPA) that took effect Jan. 1, 2020. Far less attention has been paid to a second law enacted by the state legislature that came into force at the same time regulating the data security of connected …
Injunctions for Standard-Essential Patents? USPTO tells DOJ: “You’ve Got a FRAND in Me.”
By Joey Balthazor on
Ever wonder how so many devices can operate together on a unified network like 4G or Wi-Fi? Ever stop to think about why you can send a selfie from your iPhone to someone else’s Galaxy halfway across the world without distorting your smile?
Smartphones can operate together with other smartphones because hundreds of the inventions…
Avoiding ERP Grief Counseling
By Marcus Harris on
Posted in ERP software system, Software and Technology
When Elizabeth Kubler-Ross first described the five stages of grief, she was exploring how people deal with the death of a loved one. When she wrote her definitive work, ERP software systems were not even a gleam in anyone’s eye.
Yet as attorneys who have spent our careers working with ERP software systems and…
Is Upgrading Your ERP Necessary? Maybe Not.
By Marcus Harris on
Posted in ERP software system, Software and Technology
It seems a growing number of companies are coming to us to negotiate and draft contracts for an upgraded ERP software system. As part of understanding what we need to include in the contract, we ask the company’s CEO, COO, CTO or General Counsel why they are making the upgrade.
Frequently, the answer revolves around…
ERP Is a Business Solution, Not Just a Technology Tool
By Marcus Harris on
Posted in ERP software system, Software and Technology
Technology companies are notorious for believing the solutions they propose to a potential user’s pain points are the best possible answer. When it comes to ERP software systems, however, too often many developers, vendors and integrators ignore or overlook the reality that the technology they sell is actually a business solution, not simply a technology…
Seven Things General Counsel Should Know About ERP Contracts
By Marcus Harris on
Posted in ERP software system, Software and Technology
The general counsel at any sized company knows how to draft everything from employment contracts and leases to complicated sales agreements. But few are familiar with what Enterprise Resource Planning (ERP) software systems actually do, let alone the traps lurking in these types of contracts.
This isn’t surprising given that the lifespan of most ERP…
Taft Co-Sponsor of Digital Stratosphere Conference 2019
By Marcus Harris & Jeffrey Kosc on
Posted in ERP software system, Software and Technology
Taft was a co-sponsor with the Third Stage Consulting Group of the Digital Stratosphere Conference 2019, which was held in Chicago on August 7-9, 2019. The conference was an independent educational and peer-networking event for organizations about to embark on a digital transformation or ERP/CRM/HCM implementation. Attendees learned real-world lessons, shared battle scars and heard…