Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Marcus Harris
3551 S Kittredge St Apt C, Aurora, CO 80013, US
Copied 3551 S Kittredge St Apt C, Aurora, CO 80013, US $349,900 3551 S Kittredge St Apt C, Aurora, CO 80013 Checked: 20 hours ago Updated: Sep 14, 2025 at 06:31PM Investment Summary Net Operating Income (NOI) minus mortgage payments. Calculation: NOI - Mortgage Payments Monthly Cash Flow -$600 Capitalization Rate is a rate of return that compares the yearly Net Operating Income (NOI) to the market value.
68251 E 96th Ave, Byers, CO 80103, US
The content relating to real estate for sale in this Web site comes in part from the Internet Data eXchange (“IDX”) program of METROLIST, INC., DBA RECOLORADO® Real estate listings held by brokers other than are marked with the IDX Logo. This information is being provided for the consumers’ personal, non-commercial use and may not be used for any other purpose. All information subject to change and should be independently verified.
ERP Vendors Want Your Data To Train AI - And They Will Charge Your For It
Click here to watch the video Your data is valuable and ERP vendors know this. They are including language in their contracts giving them not only the right to use your data to train their AI models, but the right to extract fees if you want other software products to access the data you input into your ERP system. What is worse is that they will find a way to charge you to access data that you have input into your ERP system. How can you prevent this?
Top Misleading Software Vendor Sales Tactics
Click here to watch the video Software salespeople rarely look out for your best interests. They minimize the complexity of the software’s implementation and mischaracterize it as an out-of-the-box solution designed to include industry best practices. The likelihood that a software developer understands your best practices as well as you do and designed the software to incorporate your best practices into the software is zero.
The Anatomy of a Digital Transformation Failure
Over the past 20 years, we have been involved in hundreds of disputes involving failed ERP software implementations and Digital Transformation. While the specific facts are always different, the claims and allegations involving a failed ERP implementation or Digital Transformation are remarkably similar. If you are, or have been, involved in a problematic ERP software implementation, the claims, allegations, and counter-allegations outlined below will sound familiar.
I’ve Negotiated Thousands Of SAP Contracts. These Are The Top Concessions You Need to Ask For
Click here to watch the video 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 a multi-year term. I have negotiated thousands of SAP contracts.
ERP Software Implementers and Vendors Contribute to Failure
Click here to watch the video ERP vendors and integrators will emphasize the ERP software’s ease of implementation and fit for your business. It is not always true. You must conduct due diligence, use a software selection process, and negotiate a strong contractual framework to manage the implementation project. The software sales process is designed to minimize the complexity of the software, the implementation process, and functionality gaps. How does this contribute to failure?
ERP projects don’t usually fail because of a failure of the technology, they fail because of people
Click here to watch the video 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 order procedures, among other things.
The ERP Contract Negotiation Process Is Critical To Success. A Well Thought Out Strategy Is Key
Click here to watch the video Understanding what to negotiate and who you are negotiating against is fundamental in leveraging the ERP contract negotiation process to your advantage. You want to have a plan going into the negotiation process for what you will ask for, how you will mitigate risk, critical asks, and fall-back positions. If you treat the ERP contract negotiation as an afterthought, you are setting yourself up for failure. Marcus Harris discusses negotiation strategies in the video.
Suing Your ERP Vendor for Fraud. When Sales People Make Misrepresentations, You May Have Recourse
Click here to watch the video ERP Vendors are notorious for selling the “sizzle” and not the “steak.” It is no secret that with the rush to Cloud many solutions are half-baked. When ERP vendors misrepresent the software’s functionality, the fit of the software for your business or industry, or misrepresent their experience in your industry, you may have a basis for a lawsuit.
Cloud Software Is Far From a Sliver Bullet. It Is Not a One-Size-Fits-All Solution
Click here to watch the video. Cloud Software is far from a sliver bullet. It is not a one-size-fits-all solution. The adoption of Cloud has less do to with its benefits but vendors’ desire to make money. Software vendors love to tout the benefits of cloud software. They will tell you that it offers more flexibility, is cheaper, requires less configuration, and is safer than traditional on-prem software. That is not always true.
Mitigating the Risk of a Failed Digital Transformation
Click here to watch the Video In this video, Taft partner Marcus Harris explains how the ERP contract negotiation process is one of the most valuable tools you can use to mitigate the likelihood of an ERP failure. If done correctly, your expectations, concerns, and a process for resolving disputes should all be addressed in detail.
The Value of An ERP Software Selection Process
Click here to watch the video Enterprise software selection is one of the most important steps for a business on a digital transformation journey. Thinking through the ERP selection process and optimizing successful outcomes can greatly increase the likelihood of a successful digital transformation.
Issues to Consider Before Suing Your Software Vendor
Click here to watch the video Filing a lawsuit against your software vendor due to a failed software project is a big decision that can have long-lasting consequences. Before filing a lawsuit against your software vendor, it’s crucial to understand what you want to achieve. In this video, Taft Partner Marcus Harris discusses key issues to consider before filing a lawsuit seeking to recover damages from a failed ERP implementation or digital transformation.
The BIPA Landscape Continues to Evolve
Using biometric identifiers and information continues to be a “go-to” method for authentication. Likewise, the Illinois Biometric Information Privacy Act (BIPA) continues to garner attention throughout Illinois and nationally as other states adopt differing biometric privacy laws. In response to growing public concern about the increased commercial use of biometric data, the Illinois General Assembly enacted BIPA in 2008.
Illinois’ Genetic Information Privacy Act - The Next Big Thing?
In recent years, Illinois has become a focal point for privacy litigation, thanks in large part to the Biometric Information Privacy Act (BIPA), which has been the subject of numerous class action lawsuits. However, another Illinois privacy law, the Genetic Information Privacy Act (GIPA), has begun to attract attention from plaintiffs’ attorneys, raising concerns for employers across the state.
Remedies For Trade Secret Misappropriation
An owner of a trade secret that has been misappropriated may seek remedies of injunctive relief and monetary damages, to compensate it for the economic harm resulting from the party that stole and benefitted from the theft of the trade secret. While injunctive relief is the gravamen of any trade secret misappropriation claim, the available monetary damages often drive litigation strategy and often drive a plaintiff's business, commercial, or market response to the misappropriation.
Remedies for Trade Secret Misappropriation
An owner of a trade secret that has been misappropriated may seek remedies of injunctive relief and monetary damages, to compensate it for the economic harm resulting from the party that stole and benefitted from the theft of the trade secret. While injunctive relief is the gravamen of any trade secret misappropriation claim, the available monetary damages often drive litigation strategy and often drive a plaintiff’s business, commercial, or market response to the misappropriation.
Remedies for Trade Secret Misappropriation
An owner of a trade secret that has been misappropriated may seek remedies of injunctive relief and monetary damages, to compensate it for the economic harm resulting from the party that stole and benefitted from the theft of the trade secret. While injunctive relief is the gravamen of any trade secret misappropriation claim, the available monetary damages often drive litigation strategy and often drive a plaintiff’s business, commercial, or market response to the misappropriation.
EU Passes Artificial Intelligence Legislation
On June 14, 2023, European Union (EU) parliament members passed the Artificial Intelligence Act (the "EU AI Act") which, if enacted, would be one of the first laws passed by a major regulatory body to regulate artificial intelligence. It would also potentially serve as a model for policymakers here in the United States as Congress grapples with how to regulate artificial intelligence.
EU Passes Artificial Intelligence Legislation
On June 14, 2023, European Union (EU) parliament members passed the Artificial Intelligence Act (the “EU AI Act”) which, if enacted, would be one of the first laws passed by a major regulatory body to regulate artificial intelligence. It would also potentially serve as a model for policymakers here in the United States as Congress grapples with how to regulate artificial intelligence.
Digital Transformation - The Statistics Are Not on Your Side
Marcus has established one of the country’s leading practices devoted to drafting and negotiating Enterprise Software related licenses, implementation and SaaS agreements, as well as litigating failed software implementations in courts and before arbitration panels across the country.
Digital Transformation - The Statistics Are Not on Your Side
We have often heard that mantra “digitize to survive.” Businesses initiate a digital transformation to drive growth, improve business processes, and enhance the customer experience. According to Gartner, digital transformation is an organizational priority for 87% of senior executives.
Webinar Recording: How To Avoid a Digital Transformation Relationship Trainwreck
On April 20, Taft partner Marcus Harris and associate Nick Brankle provided tips to avoid a digital transformation relationship trainwreck. This webinar included ways to manage risk, spot vendor red flags, avoid litigation, and negotiate software contracts. To watch a recording of this webinar, click here.
Harris to Speak on SaaS Contract Negotiations during Pemeco Webinar
Taft Chicago partner Marcus Harris will be a featured speaker for Pemeco Consulting’s webinar, “SaaS Contract Negotiations: A Winning Playbook,” on April 27. The webinar will provide insights on the typical negotiation cycle, key contract terms, how to build a strong bargaining position, and how to master negotiation strategies. For more information or to register, click here.
What If Your Software Provider Goes Bankrupt? Navigating Section 365(n) and Software Licensing Agreements
Section 365(n) of the United States Bankruptcy Code (11 U.S.C. Title 11) protects the rights of intellectual property (IP) non-debtor licensees. Section 365 of the Bankruptcy Code allows a debtor –in-possession, or a trustee (e.g., a software vendor) to: (a) assume, (b) assign, or (c) reject certain executory contracts – which would typically include software licenses.
What If Your Software Provider Goes Bankrupt? Navigating Section 365(n) and Software Licensing Agreements
Section 365(n) of the United States Bankruptcy Code (11 U.S.C. Title 11) protects the rights of intellectual property (IP) non-debtor licensees. Section 365 of the Bankruptcy Code allows a debtor –in-possession, or a trustee (e.g., a software vendor) to: (a) assume, (b) assign, or (c) reject certain executory contracts – which would typically include software licenses.
Webinar: How To Avoid a Digital Transformation Relationship Trainwreck
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. This webinar is pending approval for 1 hour of CLE credit in the following states: Indiana, Illinois, Kentucky, Minnesota, and Ohio. Register here.
Top ERP Trends of 2023
Nick counsels clients on a wide range of intellectual property and emerging technology and data-related products and services. Clients look to him for help negotiating complex agreements that bring new products and services to market and best position them to operate in ever-evolving… Nick counsels clients on a wide range of intellectual property and emerging technology and data-related products and services.
Migrating To The Cloud - Don’t Believe The Hype
With so many companies switching to a cloud solution, it is difficult to imagine it any other way than good. However, that is far from the truth. Cloud ERP is unquestionably great for vendors. It shortens the sales cycles, decreases contract negotiations, and above all increases software vendor profits. For vendors it results in a consistent revenue stream.
Why ERP Software Implementations and Digital Transformations Fail
There are several upsides to an implementation of ERP software. From modernizing business processes, accelerating workflows, and increased profitability problems, there are plenty of upsides to an ERP software implementation or full scale digital transformation. However, there are many things that can go wrong during and after the implementation process that can result in an implementation train wreck.
The Question You Need To Ask Yourself Before Filing A Lawsuit Against Your ERP Software Vendor:
Oversold and misrepresented software, missed deadlines, inexperienced consultants, and budget overruns are all common occurrences in a digital transformation. The reality is that as a customer, the odds of a successful ERP implementation, or digital transformation, are stacked against you. When clients come to us in the midst of an ERP or digital transformation train wreck, they are overwhelmed and frustrated. Many times they are convinced they have a case, and want to sue their ERP vendor.
The ERP Contract Negotiation Process - How Long Does It Really Take?
While the ERP contract negotiation process is dependent on the facts of the particular transaction, all negotiations have a similar process and a similar trajectory. The cost of the software and implementation, the importance of the software being licensed, the number of vendors, and the risk presented by the technology will all impact the length and difficulty of the contract negotiation process. Dollar Amount of the Deal.
Recessions Amplify The Risks To A Successful Digital Transformation
There are lots of ways a digital transformation can go wrong, even with a negotiated contract that spells out in detail what the software vendor and integrator will do, when they will do it, and what they will be paid. This is even more true during a recession. As we have repeatedly said on this blog, implementing software solely because you want the latest and greatest technology almost guarantees failure. The project has to be tied to a business case.
Tips for Negotiating SAP S/4HANA Contracts
In this video, Taft partner Marcus Harris and Third Stage Consulting Group CEO Eric Kimberling discuss best practices for SAP S4 HANA implementation, including ERP contract negotiation strategy, due diligence, and more.
The Most Important Document You Will Negotiate In Your Digital Transformation
The most important document related to your ERP implementation, integration, or digital transformation is the statement of work. Including milestones, deliverable specifications, and acceptance testing criteria are all critical to getting your implementation or digital transformation off on the right foot.
The Most Important Document You Will Negotiate in Your Digital Transformation
The most important document related to your ERP implementation, integration, or digital transformation is the statement of work. Including milestones, deliverable specifications, and acceptance testing criteria are all critical to getting your implementation or digital transformation off on the right foot. Learn more from Taft partner Marcus Harris in this video: The Most Important Document You Will Negotiate in Your Digital Transformation – YouTube
Oracle Acquires Cerner - What to Expect
Oracle recently made its largest acquisition ever by closing a $28 billion deal for electronic health care data company, Cerner. Cerner is a cloud-based platform targeted around Veteran Affair’s patient safety concerns. Oracle’s acquisition of Cerner is a strategic move by Oracle to expand into the healthcare industry.
Three Things You Must Focus On When Negotiating A SaaS Agreement
SaaS agreements are often difficult to negotiate and the terms and conditions can be counterintuitive. In this video, Taft Chicago partner Marcus Harris breaks down some of the most important issues you need to focus on when negotiating a SaaS agreement. Three Things You Must Focus On When Negotiating A SaaS Agreement
Leveraging Oracle’s Fiscal Year End
Does an ERP vendor’s fiscal year matter in the discount you get as a customer? Absolutely. Oracle’s fiscal year ended in May, and Oracle’s salespeople are notorious for pressuring customers into signing deals with significant discounts prior to year-end under the notion that the discount will disappear after the year-end. Customers need to take into consideration the vendor’s year-end and its impact on the vendor’s willingness to provide discounts.
Three Issues to Focus On When Negotiating a Software License Agreement
Drafting, reviewing, and negotiating software license agreements is challenging. In this video, Taft Chicago partner Marcus Harris breaks down three issues to focus on during any review or negotiation of a software license agreement Three Issues to Focus on When Negotiating a Software License Agreement
Harris to Speak at iTechLaw's 2021 World Technology Law Conference
Taft Chicago partner Marcus Harris will be a featured panelist during iTechLaw’s 2021 World Technology Law Conference. Harris will speak on “Tips & Tricks for Successfully Negotiating Your ERP Contract,” an interactive session that will address key ERP contractual provisions, common vendor tactics, and strategies for negotiating a contract that increases the likelihood of implementation success. The virtual conference is June 8-10, 2021. Harris will present on June 8 at 2 pm EDT.
Taft Partner Marcus Harris to Speak on Digital Transformation
Taft Chicago partner Marcus Harris will be one of the featured speakers during Digital Stratosphere Live Online Edition, April 20-22, 2021. The event offers independent advice and lessons learned for organizations embarking on a digital transformation. The sessions on April 20 are open to all and the other days require registration. Click here for more information. Harris will present the following sessions. All times are ET.
What To Consider When Restarting ERP Projects During And After COVID-19
United States: What To Consider When Restarting ERP Projects During And After COVID-19 08 December 2020 Taft Stettinius & Hollister To print this article, all you need is to be registered or login on Mondaq.com. Despite COVID-19 shutdowns, re-openings, and partial re-closings in some parts of the state, Illinois manufacturers of all sizes are grappling with serious management decisions.
What to Consider When Restarting ERP Projects During and After COVID-19
Despite COVID-19 shutdowns, re-openings, and partial re-closings in some parts of the state, Illinois manufacturers of all sizes are grappling with serious management decisions. Many halted the implementation of planned installations or upgrades to an Enterprise Resource Planning (ERP) software system or deferred part of their project when the pandemic began.
Six Missteps Smaller Companies Must Avoid with an ERP Project
Since their inception, ERP software systems have historically been used almost entirely by large organizations: major corporations, financial institutions, federal and state government agencies, and similar behemoths with complex structures and massive operations. Over the last few decades, ERP vendors have focused aggressively on the small to medium-sized business market.
Reducing the Risks of Being the Next ERP Failure
Failed ERP software system implementations and integrations happen frequently and the problems are legion. However, there are ways that organizations can avoid their own failures. In a recent Taft Technology Insights post, we discussed how to avoid a failure if restarting a deferred integration during COVID-19. We are frequently retained by companies whose projects are in such disarray that vendor or integrator relationships are beyond repair and disputes are heading to court.
Six Ways Users Can Control Their ERP Integrator
If ERP software system integrators were as smooth at integrating new or upgraded projects as they are at selling, it is likely they would be involved in fewer court disputes with users. Often, disputes happen because senior management hands off responsibility for the effort to the integrator rather than owning it as an integral part of management’s job. In reality, people in charge of an organization cannot delegate authority for an ERP project to either the vendor or an integrator.
Preventing An ERP Project Manager From Failing
To print this article, all you need is to be registered or login on Mondaq.com. When the integration and implementation of an ERP software system starts going off the rails and all sides begin pointing fingers at each other, often many of the user's fingers point at the vendor's project manager. In a way, this is understandable, even before the root causes behind the looming failure are known.
Preventing an ERP Project Manager From Failing
When the integration and implementation of an ERP software system starts going off the rails and all sides begin pointing fingers at each other, often many of the user’s fingers point at the vendor’s project manager. In a way, this is understandable, even before the root causes behind the looming failure are known. The project manager is supposedly in charge, ensuring that all of the pieces fit together, and it is his or her job to make the system work smoothly.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Marcus
Contact Marcus, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack