We have successfully litigated multi-million dollar Enterprise Resource Planning (ERP) lawsuits in both state and federal courts throughout the country. Our broad experience litigating ERP disputes and our extensive in-house legal experience representing software vendors gives us a unique perspective in understanding the risks presented by standard ERP vendor contract language, as well as drafting and enforcing ERP contract provisions on behalf of our clients.
Marcus Stephen Harris is one of the country’s premiere enterprise software licensing and enterprise software litigation attorneys. He has developed one of the nation’s leading practices devoted to representing clients in recovering damages arising out of failed Enterprise Resource Planning (ERP) software implementations.
As a Chicago-based global technology attorney, he quarterbacks a high-profile legal team for Saul Ewing Arnstein & Lehr LLP, one of the country’s oldest national law firms.
As a former in-house attorney at some of the largest software companies in the world, Marcus understands software vendor tactics and is able to leverage his ERP industry knowledge to advocate on behalf of his clients. In addition to litigating failed ERP implementations in courts and before arbitration panels across the country, Marcus and his team of attorneys have extensive experience drafting and negotiating ERP related contracts for and with companies such as SAP, Oracle, Infor, Epicor, BAAN, SSA Global Technologies, Epiphany, EXE Technologies, Infinium Software, Arzoon, Disney, General Motors, Vodafone, Accenture, Capgemini, TATA, ACS, Ford and Caterpillar.
Whether you are contemplating suing your ERP software vendor to recover damages related to a failed ERP software implementation or entering into negotiations with an ERP software vendor, learn how the ERP software attorneys at Saul Ewing Arnstein & Lehr LLP can help your business:
In the last five years the number of ERP lawsuits have surged. Companies no longer tolerate business disruption, financial losses, loss of customers or an ERP vendor’s inability to deliver promised functionality. We work to recover damages associated with failed implementations. Damages from a failed ERP implementation may include: software license fees; lost profits associated with the inability to ship product; the inability to invoice customers; the impairment of expansion; and fees associated with securing alternative software. Our ERP litigation methodology includes the following:
- Conducting extensive pre-complaint fact investigation to ensure all causes of action are pled.
- Pleading all causes of action supported by the pre-complaint investigation and initiating a lawsuit against the ERP vendor.
- Employing expert liability consultants who specialize in analyzing failed ERP implementations.
- Using damages experts who specialize in calculating losses associated with failed ERP implementations.
- Narrowing the discovery process to focus on those documents and testimony most relevant to issues related to failed ERP implementations.
- Pursuing settlement and if settlement is not an option, taking the case to trial.
ERP Software License Negotiation:
We ensure that our clients are provided with the tools and knowledge to achieve favorable contract concessions from their ERP vendor. With in-house legal experience at some of the largest ERP vendors in the world, we bring a wealth of knowledge and experience to the ERP vendor contract negotiation process. We negotiate ERP vendor contracts that increase both your ability to manage the ERP vendor and your chances of success if you ever need to litigate to enforce the terms of the contract. Our contract negotiation strategy includes a 6-step approach:
- Client Education
- Initial Terms and Conditions Review
- Client Negotiation Strategy Conference
- Negotiation Tactics and Execution Session
- Final Revision and Review of Terms and Conditions
- Contract Management and Enforcement
ERP Implementation & Services Contract Negotiation:
Implementations are almost always difficult. Successfully dealing with implementation agreements, statements of work, deliverable deadlines, and work product acceptance criteria is critical to the success of an ERP implementation. It is important to reframe the vendor’s standard contract template to include safeguards to maximize the success of the ERP implementation project and ensure that the contract can be used as a tool to manage the vendor’s performance over the lifecycle of the implementation. We work with software services buyers to fully understand their business needs to obtain ERP vendor concessions that are meaningful, serve to manage the vendor relationship, and increase the likelihood of a successful implementation.