Whether you call it a consulting agreement, a professional services agreement, or a master services agreement, it is the document that has the most significant impact on the success of your digital transformation.

In this YouTube video, I discuss key issues to consider.

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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 from those in traditional on-premise software licenses. You have no greater leverage with your vendor to negotiate meaningful concessions than before you commit to

  • Drafting SOWs that include milestones, deliverables, and deadlines is challenging when Agile is utilized.
  • Its iterative approach is not compatible with holding your ERP integrator accountable.
  • Spending less time defining the product beforehand and trusting that the product will come together one iteration at a time is

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

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.

Join Taft partner Marcus Harris and associate Nick Brankle for a complimentary webinar on April 20, 2023, at 12:30 PM EST / 11:30 AM CST. Harris and Brankle will provide tips to avoid a digital transformation relationship trainwreck. This includes how to manage risk, spot vendor red flags, avoid litigation, and negotiate software contracts. 

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