ERP Contracts

7 Things General Counsel Should Know About ERP Contracts

7 Things General Counsel Should Know About ERP Contracts

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…

How Senior Management Causes Its Own ERP Problems

How Senior Management Causes Its Own ERP Problems

We often write about the mounting number of failed digital transformations, especially those involving an ERP software system. More often than not, the underlying cause of the failures involve either the vendor or integrator biting off more than they can chew. They misrepresent the capability of their ERP system or their experience at integrating a…

Don’t Let ERP Contracts Fool You Twice | Marcus Harris

Don’t Let ERP Contracts Fool You Twice

Three court cases reveal the importance of ensuring that contracts for an ERP software system and other digital transformations be carefully negotiated and drafted to remove the possibility that a lawsuit over a failure can be blocked by a seemingly harmless clause that vendors and integrators insert as a matter of routine in their template…

SAP, Accenture and The Weakness of Entrenched Success

SAP, Accenture and The Weakness of Entrenched Success

After retiring from a wildly successful career running Ford and then saving Chrysler from bankruptcy, Lee Iacocca was asked by an interviewer how American automakers could have allowed their globally dominant position in the market to be eroded by foreign car companies. Iacocca replied, “There is nothing more vulnerable than entrenched success.” It’s not just…

ERP Vendors, Integrators, Create Their Own Problems

ERP Vendors, Integrators, Create Their Own Problems

Over the years, we’ve documented numerous cases of the failures of ERP software systems and other digital transformations; in some of them, we litigated the dispute on behalf of a client. In many instances, the blow-up resulted from a combination of factors where everything that could go wrong did go wrong.  Some of the failures…

4 Ways to Avoid Maryland Digital Transformation Nightmare

4 Ways to Avoid Maryland’s Digital Transformation Nightmare

About 20 years ago, commercials for a food product used the tag line “It’s not nice to fool Mother Nature.” By mid-June, 2019, the line was adaptable to warn, “It’s not nice for a software vendor to fool a state government.” In yet another example of a software vendor’s sales team overpromising and underdelivering with…

6 Keys to Selecting the Right ERP Integrator | ERP Licensing Attorneys

6 Keys to Selecting the Right ERP Integrator

When an ERP software system implementation fails, sometimes it’s because the vendor told a potential buyer that its round peg would fit into the user’s square hole in order to make the sale. But maybe even more often, the failure is because the integrator either did not fully understand the user’s industry or business, the…

Reducing the Cost and Problems of an ERP Software System Solution

Reducing the Cost and Problems of an ERP Software System Solution

Corporate financial wizards are expert at creating realistic expense budgets that project exactly how much will be spent on everything from paper clips to building a new facility and expanding into new markets. But even the best MBA analysts from the best grad schools have trouble accurately budgeting the cost and time for an SAP…

7 Things to Not Do When Negotiating Your SAP S/4Hana ERP Contract | Marcus Harris

7 Things to Not Do When Negotiating Your SAP S/4Hana ERP Contract

In mid-May 2019, I spoke at a two-day conference on avoiding problems with SAP S/4HANA ERP software , integration and implementation projects. Many users run into the same kind of problems with their SAP  S/4Hana software implementation. As an ERP attorney whose career includes working on the vendor side of ERP as well as negotiating…