Whether you are entering into contract negotiations with an Enterprise Resource Planning (“ERP”) software vendor or contemplating suing your ERP software vendor to recover damages related to a failed ERP software implementation. Learn how our ERP software attorneys can help your business.
We have developed one of the nation’s leading practices devoted to representing clients in recovering damages arising out of failed ERP software implementations. With in-house legal experience at some of the largest software companies in the world, we understand software vendor tactics and are able to leverage ERP industry knowledge to advocate on behalf of our clients. In addition to litigating failed ERP implementations in courts and before arbitration panels across the country, our 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. For more information Call:
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A thorough pre-complaint fact investigation utilizing technical and damages experts as necessary to ensure all relevant causes of actions are considered and pled.
We draft, file, and then serve a complaint upon the ERP vendor alleging those causes of action supported by our pre-complaint investigation.
Evaluation of the case by a team of technical experts who specialize in evaluating and rescuing failed ERP project
Evaluation of the case by a team of damages experts who specialize in analyzing and quantifying losses stemming from failed ERP projects.
We use the discovery process to obtain evidence focused on the themes established during our pre-complaint investigation and technical and damages evaluations.
If settlement is not an option, we try the case focusing on themes established throughout discovery. We use evidence and examinations to neutralize ERP Vendor defenses and to advance our themes and arguments.
Our ERP Contract Negotiation Methodology Consists of a 6-Step Approach:
Prior to reviewing the ERP vendor contract, we work with our clients to understand their business goals, what contractual risks the client is concerned about and their expectations regarding the implementation and ERP vendor relationship.
We conduct a review of the software vendor’s terms and conditions, highlighting risks and proposing changes for client review. Our strategy takes into account common ERP vendor ploys and anticipates ERP vendor negotiation tactics.
We sit down with our client to discuss risks presented by contract language, prioritize business objectives, and evaluate how legal terms and conditions impact those business objectives. We use this information to develop a strategy that meets client goals and minimizes legal risk.
Using our knowledge of ERP vendor negotiation tactics, how the ERP vendor’s negotiation team is structured and who the ultimate decision makers are, we begin negotiations based on our previously developed negotiation strategy.
Next, we revise and redraft the contract to encompass the negotiated terms. We ensure our clients are aware of and have the ability to meet their contractual obligations and manage the execution of the contract over the lifecycle of the ERP vendor relationship.
Once the contract is signed, we work with our client to ensure that the vendor meets its contractual obligations. We enforce the contract terms via notices of breach and, if necessary, litigation.
Disclaimer
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