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Articles by Marcus Harris
Take Back Your Power: Overcoming ERP Software Vendor Lock-In (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Companies face increasing dependency on single ERP vendors like Oracle and SAP, creating significant risks around data control, forced upgrades, and price escalation.
The Dirty Secret Behind ERP Implementations (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Enterprise Resource Planning (ERP) implementations have a staggering 70-85% failure rate, yet vendors continue to promise quick, out-of-the-box deployments that rarely materialize.
The Risk Of AI In ERP Software (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Artificial intelligence promises transformative benefits for enterprise resource planning systems, but organizations must carefully weigh the potential costs to data ownership and confidentiality.
How The ERP Software Industry Is Rigged (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. The ERP implementation landscape is fundamentally tilted against customers, with vendors and consultants prioritizing their own revenue interests over client success. United States Media, Telecoms, IT, Entertainment
SAP Under EU Investigation (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. SAP faces formal EU antitrust investigation over alleged aggressive tactics that limit customer support options and create questionable revenue-generating events. European Union Antitrust/Competition Law To print this article, all you need is to be registered or login on Mondaq.com.
Negotiating An AI Contract? Here's What You Need To Know (Video)
Marcus S. Harris’s articles from Taft Stettinius & Hollister are most popular: in United States Taft Stettinius & Hollister are most popular: within Strategy topic(s) with readers working within the Environment & Waste Management and Utilities industries Warranties and representations, ownership of intellectual property, limitations of liability, and indemnity are among the most important issues when negotiating a software contract with an AI Vendor. What's reasonable? What should you ask for?
The Truth About ERP Upgrades And Migrating To The Cloud
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. ERP vendors are notorious for creating a false sense of urgency with arbitrary support deadlines, promises of expanded functionality, and artificial intelligence to force customers to the Cloud. United States Technology
The Hidden Costs Of Cloud Software (Video)
Vendors tout cloud software as a cheaper alternative to traditional on-premise solutions. While cloud solutions can often be implemented at a lower cost, the cost of accessing and using the cloud solution over the life-cycle of the product is often more expensive than an on-premise solution. I discuss these issues in my latest video. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Stop ERP Failures: Critical Mistakes To Avoid In Your Digital Transformation (Video)
The likelihood that your ERP project will take longer than expected, be more challenging than anticipated, and cost more than initially estimated is exceptionally high. Common causes of ERP project failure include inadequate requirements gathering, unrealistic timelines, insufficient testing, and resistance to change. What can you do to maximize success? I talk about this in my latest video. The content of this article is intended to provide a general guide to the subject matter.
436 Sage Grouse Cir, Castle Rock, CO 80109, US
Copied 436 Sage Grouse Cir, Castle Rock, CO 80109, US $850,000 436 Sage Grouse Cir, Castle Rock, CO 80109 Checked: 16 hours ago Updated: Aug 08, 2025 at 06:33PM Investment Summary Net Operating Income (NOI) minus mortgage payments. Calculation: NOI - Mortgage Payments Monthly Cash Flow -$1,705 Capitalization Rate is a rate of return that compares the yearly Net Operating Income (NOI) to the market value.
US States Can (And Will) Continue To Regulate Artificial Intelligence … For Now
Early on July 1, the U.S. Senate voted to halt an effort to impose a 10-year moratorium on state regulation of artificial intelligence. The vote, 99-1, removed the AI provision from President Trump's "Big, Beautiful Bill" that had evolved from a full moratorium on state AI regulation for the next decade, to its most recent iteration that required states to adopt the ban in order to receive federal broadband funding over the next five years. Yesterday, Sen. Marsha Blackburn of Tennessee and Sen.
Avoid Costly Mistakes: Insights From Recent ERP Legal Battles (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. In this video, I discuss two recent ERP lawsuits involving SAP and Oracle. United States Technology
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CONTRIBUTING SINCE DECEMBER 2011 Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. POPULAR TOPICS Corporate/Commercial Law Technology Employment and HR Government, Public Sector Tax
Does Fair Use Apply To Training Generative AI Systems? In A "Pre-Publication" Report, The United States Copyright Office Says: "It Depends."
The fair use doctrine in copyright law has been a hot topic in recent years in response to the rapid rise and development of generative artificial intelligence (AI) systems. As the adoption of generative AI accelerates and expands, lawyers, judges, artists, and consumers have been wondering what the United States Copyright Office (USCO) has to say about generative AI and the fair use doctrine. The time has finally come for an answer.
Is Your ERP Software Project Doomed? Red Flags To Watch For! (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Understanding your business requirements and how you want your ERP software to address those requirements is critical to success. United States Technology
How The ERP Software Industry Is Rigged (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Make no mistake. If you are about to start a digital transformation, the cards are stacked against you. United States Technology
How To Prepare For A Software Demonstration (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Software demonstrations are a key part of the sales cycle and your evaluation of competing software products. United States Technology
Strategies To Avoid Shelfware (Video)
Strategies To Avoid Shelfware (Video) TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Shelfware is software that you are no longer using or no longer need. United States Corporate/Commercial Law Shelfware is software that you are no longer using or no longer need. It can range from too many users.
Is A Multi-Cloud Deployment Model Better (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. What are the advantages of using best-of-breed solution providers and deploying a multi-cloud implementation model? United States Technology
Quinoa Grain Market Poised for Expansion Amid Growing Global Popularity
Quinoa Grain market is set to grow as awareness rises and market penetration expands in developed countries, driving demand during the forecast period 2026-2030. According to the TechSci Research report, “Quinoa Grain Market – Global Industry Size, Share, Trends, Competition, Forecast & Opportunities, 2020-2030F”, the Global Quinoa Grain Market was valued at USD 901.07 million in 2023. It is expected to grow steadily at a CAGR of 5.10% through 2030.
Creating An Artificial Intelligence Strategy (Video)
Adopting technology for the sake of adopting technology rarely makes sense. This is true for Artificial Intelligence. AI is the shiny new object right now. ERP software vendors are rushing to incorporate AI functionality into their products. To utilize AI, you must have a well-thought-out strategy for selecting, implementing, and using AI. You need to ensure you have a business case for AI. You must ensure you understand the risks and how to mitigate those risks.
ERP Vendors Want Your Data To Train AI - And They Will Charge You For It (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. 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... United States Technology
Pushing Back On ERP Vendor Software Audits (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Software audits are never random. If you are being targeted, the ERP vendor believes there is a revenue opportunity with your use of the software. ERP vendors take advantage of ambiguous terms in the contract. United States Technology
Understanding Schedule A Trademark Litigation - A Step-By-Step Guide
A trademark holder may file a complaint alleging trademark infringement against hundreds of defendants identifying them as the "Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations" on Schedule A, which may be filed separately from the complaint or under seal. Infringers often use an alias and as a result, the actual names and locations of many of the defendants are unknown to the plaintiff.
Top Misleading Software Vendor Sales Tactics (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Software salespeople rarely look out for your best interests. United States Corporate/Commercial Law
Understanding Schedule A Trademark Litigation - A Step-by-Step Guide
What Is It A trademark holder may file a complaint alleging trademark infringement against hundreds of defendants identifying them as the “Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations” on Schedule A, which may be filed separately from the complaint or under seal. Infringers often use an alias and as a result, the actual names and locations of many of the defendants are unknown to the plaintiff.
Negotiating ERP Implementation Contracts (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. Whether you call it a consulting agreement, a professional services agreement, or a master services agreement, it is the document that has the most significant impact on the success of your digital transformation. United States Technology
Negotiating ERP Software Warranties (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. In an ERP software contract, there is a substantive difference between a warranty obligation and maintenance and support. United States Corporate/Commercial Law
Service Level Agreements: What Are They And Why You Need One (Video)
TS Taft Stettinius & Hollister More Established in 1885, Taft is a nationally recognized law firm serving individuals and businesses worldwide, in both mature and emerging industries. A software vendor needs to contractually commit to making the software available to you for a certain percentage of time. United States Strategy
Illinois Supreme Court Provides Guidance On AI Use In Legal Proceedings
In December 2024, the Illinois Supreme Court issued guidance on the use of AI (guidance) by judges and other lawyers. The guidance comes after several high-profile instances of misuse of generative Artificial Intelligence (AI) in litigation, including cases where lawyers used AI to draft briefs that later cited non-existent case law.
Webinar Recording: Best Practices For Companies Using Generative AI For Business Purposes
On July 26, Taft partner Marcus Harris and attorney O. Joseph Balthazor Jr., offered best practices for companies using generative AI for business purposes. This webinar explored how business are using generative AI now; legal issues surrounding generative AI; regulations in place for generative AI; and more. To watch a recording of this webinar, click here. The content of this article is intended to provide a general guide to the subject matter.
Machine Learning Predictions of Electricity Capacity
This is an early access version, the complete PDF, HTML, and XML versions will be available soon.
The ERP Contract Negotiation Process – How Long Does It Really Take? - Contracts and Commercial Law - United States
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 - Technology - United States
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 (Video) - - United States
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. Eric Kimberling And Marcus Harris Discuss Tips for Negotiating SAP S/4HANA Contracts – YouTube The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Oracle Acquires Cerner - What To Expect - Healthcare - United States
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 (Video)
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. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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 (Video)
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 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Ravichandran Ashwin Can Take 800 Test Wickets, Nathan Lyon Not Good Enough, Says Muttiah Muralitharan
Ravichandran Ashwin has 377 wickets from 74 Test matches.© AFP Former Sri Lanka spinner Muttiah Muralitharan believes Ravichandran Ashwin can take 800 wickets in the longest format of the game, but Nathan Lyon is not good enough to achieve the feat. Currently, Lyon has 396 wickets in Test cricket while Ashwin has 377. Ashwin has taken his wickets at an average of 25.33 while Lyon does so at an average of 31.98. "Ashwin has a chance because he is a great bowler.
Olympic Swimming Medallist Klete Keller Charged Over Capitol Riot
Klete Keller competed in the Olympics in 2000, 2004 and 2008.© AFP US Olympic swimming gold medallist Klete Keller was charged by the Justice Department Wednesday with participating in the June 6 attack on Congress by supporters of President Donald Trump. Keller was filmed as part of the crowd that illegally entered the huge Rotunda hall of the Capitol after violent protesters broke through police lines and forced their way in.
Ohio Statewide And City-Based Mandatory Mask Mandates: What Employers Need To Know (Essential Businesses Are Not Exempt)
Taft Stettinius & Hollister United States: Ohio Statewide And City-Based Mandatory Mask Mandates: What Employers Need To Know (Essential Businesses Are Not Exempt) 31 July 2020 Taft Stettinius & Hollister To print this article, all you need is to be registered or login on Mondaq.com. The use of a face mask is now mandatory statewide in Ohio.
Roundtable on FERC's Minimum Offer Price Rule
Deck: Byline: Tony Campbell, Denise Foster, Marcus Harris, Charles Bayless, and Pat O’Loughlin Author Bio: Tony Campbell is the CEO and Denise Foster is the Vice President of East Kentucky Power Cooperative. Marcus Harris is the CEO of Old Dominion Electric Cooperative. Charles Bayless is the Vice President of North Carolina Electric Membership Corp. Pat O’Loughlin is the CEO of Ohio’s Electric Cooperatives. This full article is only accessible by current license holders.
An Overview of Recovering Trademark Infringement Damages
While enjoining infringing activity is the objective of most trademark infringement lawsuits, an analysis of the potential damages available in a trademark infringement action and the methodology for proving damages should be conducted prior to filing a complaint. Basic questions that need to be answered before filing a lawsuit include: Read These Next Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon By Lewis R.
Protecting Product Packaging and Product Configuration | Law.com
istockphoto.com On Dec. 16, 2016, Diageo North America, Inc. (Diageo) sued Sazerac Company, Inc., and Sazerac Brands, LLC (collectively Sazerac) in the United States District Court for the Southern District of New York, claiming, among other things, that Sazerac had committed willful trademark infringement, trade dress infringement, unfair competition and deceptive trade practices. Diageo North America, Inc. v. Sazerac Company, Inc., No. 16 CV 09747 (S.D.N.Y.).
Protecting Product Packaging and Product Configuration
On Dec. 16, 2016, Diageo North America, Inc. (Diageo) sued Sazerac Company, Inc., and Sazerac Brands, LLC in the United States District Court for the Southern District of New York, claiming, among other things, that Sazerac had committed willful trademark infringement, trade dress infringement, unfair competition and deceptive trade practices. On Dec. 16, 2016, Diageo North America, Inc.
The Battle for Truth and Love
If one were to question the moral fortitude of current Christians in America, one might conclude that a generation of Christians would rather be culturally acceptable than identify with the commandments of Jesus. According to a survey conducted by the American Culture and Faith Institute, conservative pastors are reticent to speak about cultural issues for fear of appearing political and losing congregants.
The Battle for Truth and Love
If one were to question the moral fortitude of current Christians in America, one might conclude that a generation of Christians would rather be culturally acceptable than identify with the commandments of Jesus. According to a survey conducted by the American Culture and Faith Institute, conservative pastors are reticent to speak about cultural issues for fear of appearing political and losing congregants.
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