Marcus Harris Software & Intellectual Property Attorney

Marcus Harris Software & Intellectual Property Attorney Marcus Stephen Harris LLC is a boutique law firm concentrating in technology and IP law

Marcus Stephen Harris LLC is a boutique law firm concentrating in technology and intellectual property law.

What do you need to focus on when negotiating SaaS contracts? What concessions will vendors make, and what is reasonable...
02/11/2026

What do you need to focus on when negotiating SaaS contracts? What concessions will vendors make, and what is reasonable? That's what I discuss t in my latest video.

https://youtu.be/2XJmAjfVmQw

02/10/2026

You must use the ERP contract negotiation process to minimize uncertainty. You want to negotiate a contract that outlines what happens when things go sideways. The goal should be to have a contract in place that gives you maximum flexibility and manages your relationship with the ERP vendor for the duration of the term. I discuss these issues in my latest video.

https://youtube.com/shorts/wN3_lOLJC_c

02/09/2026

What do you need to focus on when negotiating SaaS contracts? One of the most important issues is who can use the software. While this seems simple, getting it wrong will have huge impacts. If you need affiliates, partners, or independent contractors to use the software, you need to ensure you negotiate the right terms. I discuss these issues in my latest video.

https://youtube.com/shorts/ALmI8tILeBE

02/06/2026

SaaS agreements are complicated. Vendors take unreasonable positions and shift the transaction risk to the customer. What do you need to focus on? What can you negotiate? I discuss these issues in my latest video.

https://youtube.com/shorts/1WnTMzlNRi4

02/04/2026

How much should you cooperate with Oracle in connection with a software audit? How do you engage with them in good faith without compromising your position? I discuss these issues in my latest post.

https://youtube.com/shorts/OFBDcXQTVO4

02/03/2026

Getting audited by Oracle is about as pleasant as getting audited by the IRS. But unlike the IRS, Oracle will use every trick in its playbook to extract as much revenue out of you as possible. How you approach the audit process is critical to success. That's what I discuss in my latest post.

https://youtube.com/shorts/0cf81fkmCqM

02/02/2026

Large software vendors are notorious for aggressively auditing their customers for compliance. They use confusing licensing metrics, a maze of click-to-accept agreements, and vague contract language to their advantage. How do you push back? That's what I discuss in this clip from my upcoming video.

https://youtube.com/shorts/38v-UNGwKys

While no ERP system can address all business processes, relying on customizations over standard functionality increases ...
01/28/2026

While no ERP system can address all business processes, relying on customizations over standard functionality increases timelines, risk, and ultimately costs. Extensive customizations to your ERP software may complicate upgrades and updates. Extensive customization also reduces your flexibility and contributes to vendor lock-in. When vendors emphasize customizations over standard functionality, it is a signal that something is wrong. The reality is that ERP software will always have functionality gaps. But an emphasis on customization suggests the software is not a good fit for your business requirements. I discuss these issues in my latest video.

https://youtu.be/TmHXHwvyyyY

01/27/2026

Extensive customizations to your ERP software may complicate upgrades and updates. They also reduce your flexibility and contribute to vendor lock-in. I discuss these issues in this clip from my latest video.

https://youtube.com/shorts/Agj4rqAKgGU

01/26/2026

While no ERP system is going to address all business processes, relying on customizations over standard functionality increases timelines, risk, and ultimately cost. That’s what I talk about in this clip from my upcoming video.

https://youtube.com/shorts/pyN-EPqGOl8

01/21/2026

When vendors emphasize customizations over standard functionality, it is a signal that something is wrong. The reality is that ERP software will always have functionality gaps. An emphasis on customization suggests the software is not a good fit for your business requirements. The problem with customizations is that they introduce complexity into the system, increase costs in the short run, and make it difficult to upgrade and update the software. I discuss these issues in this clip from an upcoming video.

01/20/2026

ERP projects and digital transformations rarely fail due to technology issues. They fail because of people. Cook County, Illinois, spent $75 million on a failed ERP system. A revolving door of project team members. Internal misalignment, lack of focus, and a steering committee that was out to lunch. Cook County's multimillion-dollar ERP trainwreck was headed for disaster from the start. What can we learn from that failure? That's what I discuss in this clip from my upcoming video.

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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 Taft Stettinius & Hollister LLP, one of the country’s oldest national law firms.