Negotiating Enterprise Resource Planning Software Contracts: Driving Successful Implementation, Avoiding Disasters
Key Considerations for In-House Counsel When Planning and Preparing for ERP Installations
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide in-house and corporate counsel in evaluating, negotiating, and structuring enterprise resource planning (ERP) software installation and service agreements. The panel will review current issues and trends in ERP installations and agreements, legal issues that arise with these arrangements, and strategies to avoid common pitfalls.
- Overview of ERP implementation projects
- What makes an ERP project different from other software implementation projects?
- Reasons that ERP projects often fail
- Notable cases where an ERP installation failed and lessons learned
- Contract principles to promote the success of an ERP implementation
- Avoiding common contractual pitfalls
- Protecting management in case the contract needs to be enforced down the line
- Other considerations and key takeaways
The panel will review these and other key issues:
- What makes ERP projects different from other software implementation projects?
- Why do ERP implementation projects often fail?
- What are the deal structure alternatives?
- How can the contract process promote success?
Timothy R. Dodson
Morris, Manning, & Martin
For more than 25 years, Mr. Dodson has structured and negotiated arrangements for the provision (or procurement) and... | Read More
For more than 25 years, Mr. Dodson has structured and negotiated arrangements for the provision (or procurement) and implementation of software, systems or IT-enabled services across the enterprise, guiding clients through a wide variety of transactions including: outsourcing transactions of all varieties; enterprise software implementation projects (ERP, CRM, banking/insurance/wealth management platforms, etc.); cloud services arrangements (Software as a Service, Infrastructure as a Service, Platform as a Service, etc.); and payment card, mobile wallet and other payment arrangements from all sides (issuer, acquirer, merchant, processor) and other FinTech transactions. Mr. Dodson has handled these transactions around the globe across a broad swath of industries, notably banking, insurance, wealth management and other financial services, hospitality, retail, consumer products, airline, software and data analytics. His deep experience encompasses working both sides of the table, on behalf of or opposite technology providers.Close
Marcus S. Harris
Taft Stettinius & Hollister
Mr. Harris has significant experience drafting and negotiating Enterprise Software related license, implementation and... | Read More
Mr. Harris has significant experience drafting and negotiating Enterprise Software related license, implementation and SaaS agreements, as well as litigating failed software implementations. Prior to entering private practice, he was senior corporate counsel in charge of intellectual property in the Legal/Contracts Department of SAP America and at SSA Global Technologies (now Infor), where he developed and managed an extensive international trademark and patent portfolio, managed intellectual property litigation, conducted intellectual property due diligence and reviewed advertising material to verify compliance with legal requirements.Close
Beeman & Muchmore
Mr. Muchmore’s software licensing microspecialty is informed by years of on-the-ground experience bucking... | Read More
Mr. Muchmore’s software licensing microspecialty is informed by years of on-the-ground experience bucking the rising trend of software vendors weaponizing software audits and licensing disputes for revenue generation campaigns at the expense of licensee customers. He has represented scores of licensees of all types and sizes in their disputes with major software vendors. Mr. Muchmore has leveraged his years of managing recurring software disputes to create a unique value proposition that delivers the law firm’s software licensing microspecialty directly to clients. By creating a nimble law firm designed to offer counseling on a multitude of different scales, clients receive – and pay for – no more than the precise services they need.Close