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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?

That’s what I talk about in my latest video.

#erplawyer #erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination

Continue Reading Negotiating An AI Contract? Here’s What You Need To Know

Artificial Intelligence (AI) is rapidly transforming the business world, moving from a niche technology to an integral part of operations across nearly every industry. Whether you are acquiring a technology company or simply using AI services such as customer chatbots or data analysis programs, businesses are being exposed to a new class of legal risks. To address these unique challenges, businesses and investors are increasingly including AI-specific representations and warranties in contracts and agreements. These clauses are becoming a crucial method for effectively allocating and mitigating AI-related uncertainty.Risks, Benefits, and Key ConsiderationsWhile the benefits of AI in terms of efficiency
Continue Reading The Expanding Prevalence of AI Clauses in Contracts

Protecting trade secrets starts with preparation. Building strong systems and habits helps keep valuable information secure and limits the risk of leaks.

  • Inventory Trade Secrets: List what information is confidential and record its value. Keeping good records helps if you ever need to prove your rights.
  • Regular Employee Training: Teach employees how to recognize and handle trade secrets. Refresh this training regularly so protocols stay top of mind.
  • Implement Strong Agreements: Have anyone with access sign clear contracts that set expectations during and after their time with your business. Written agreements make enforcement easier if there’s ever a problem.
  • Control

  • Continue Reading Six Practical Steps for Protecting Trade Secrets

    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.

    • Vendors are not pushing you to the Cloud for your benefit.
    • Just because a vendor is sunsetting support doesn’t mean you don’t have options.
    • One of the worst options is paying the vendor a premium for extended support beyond the drop-dead date.

    The reality is that the Cloud is not always better; it can be detrimental.

    • If you have a highly customized system that incorporates your business processes and provides you with


    Continue Reading The Truth About ERP Upgrades And Migrating To The Cloud

    Your company’s most valuable assets may not appear on your balance sheet. They’re in your systems, your processes, your technology, and your people. Trade secrets don’t require registration and don’t expire, but they only remain protected if you actively safeguard them.

    This video explains what qualifies as a trade secret under U.S. law and how to know if your company is doing enough to protect its most valuable information.

    #insurancecoverage #LitigationStrategy #businesslaw #riskmanagement #commerciallitigation #tradesecrets #businesslaw #ipprotection #BillWagnerLaw #InnovationLaw

    Continue Reading U.S. Trade Secrets In An AI-Driven World

    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.

    #erplawyer #erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination

    Continue Reading The Hidden Costs of Cloud Software

    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.

    #erplawyer #erpcommunity #erpfailure #saps4hana #oraclecontracts #softwarelawyer #sapservices #saphanacloudplatform #saas #erpcloud #teamtaft #sapcontracts #oraclelawsuit #oraclefailure #oracletermination #saptermination

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    ERP
    Continue Reading Stop ERP Failures: Critical Mistakes to Avoid in Your Digital Transformation

    When a lawsuit hits your manufacturing business, the last thing you want is uncertainty about your insurance coverage. 

    In this video, I’ll walk you through how to position your company to recover fast and fully when facing legal trouble. If your operations are evolving, your insurance plan should be too.

    #insurancecoverage #LitigationStrategy #businesslaw #riskmanagement #commerciallitigation #manufacturingindustry #cyberinsurance #ProductLiability #legalinsights

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    Continue Reading Don’t Let a Lawsuit Stop Your Business

    AI is now deeply embedded in global supply chains, forecasting, and business decision-making, especially in the Manufacturing industry.

    In this video, I explain how manufacturers and tech-driven businesses can use insurance as a powerful risk management tool in disputes involving AI, robotics, and automation. If your company is using AI or system integration in critical operations, this video will show you how to protect your business and preserve leverage in case things go wrong.
    Continue Reading Strategies for Contract Disputes Involving Manufacturing Automation and AI

    Martin Edwards, vice president of Taft’s Public Affairs Strategies Group in Taft’s Washington, D.C. office, contributed to this post.

    On July 23, 2025, the White House published “America’s AI Action Plan,” which sets a public policy framework targeting the United States’ technological leadership in artificial intelligence. The AI Action Plan, coupled with three executive orders to further enforce the U.S. AI policy, is designed to “lead the world in AI.” President Donald Trump’s administration aims to cement U.S. global dominance in what it deems the three pillars of AI policy: innovation, infrastructure, and international diplomacy and security. Below,
    Continue Reading America’s AI Action Plan: Key Legal Takeaways for Businesses and Stakeholders

    The unfortunate reality is that AI fraud is happening right now.

    Our team works with businesses to help them understand the real threats posed by AI-generated emails, voice cloning, and deepfakes that are being used to commit sophisticated fraud.

    This video explains how these scams work, including real-world examples like a $25 million deepfake scam, and includes practical steps your company can take to verify payment changes, train staff, and tighten contracts to reduce your liability.
    Continue Reading AI Deepfakes Are Fueling Business Fraud

    Martin Edwards, vice president of Taft’s Public Affairs Strategies Group in Taft’s Washington, D.C. office, contributed to this post.

    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
    Continue Reading US States Can (And Will) Continue To Regulate Artificial Intelligence … for Now

    Taft partner Marcus Harris was quoted in the TechTarget article, “SAP agrees to allow Celonis data access until case resolved,” published on June 26. In the piece, Harris provided insight into the ongoing legal dispute between SAP and Celonis, addressing the implications of SAP’s agreement to permit continued data access while litigation is pending.

    Read the article here.

    Harris, who is based in Taft’s Chicago office, discussed how the interim arrangement could impact both parties and set precedents for future data access negotiations in the enterprise software industry. The article highlights Harris’s experience representing clients in complex software-related disputes
    Continue Reading Harris Quoted in TechTarget Piece on SAP and Celonis Legal Dispute

    In this video, I discuss two recent ERP lawsuits involving SAP and Oracle.

    • In March 2025, Celonis sued SAP in the United States District Court for the Northern District of California, alleging in a 61-page complaint that SAP excludes process mining competitors and other third-party providers from its ecosystem.
    • According to Celonis, SAP makes it virtually impossible for its customers to work with non-SAP process mining solutions because sharing data from the SAP system with third-party solutions is subject to excessive fees.

    SAP’s strategy seems to be clear: charge its customers excessive fees to access their own data.

    • This has


    Continue Reading Avoid Costly Mistakes: Insights from Recent ERP Legal Battles

    If you’re using AI in your business strategy, are you protected when things go wrong? Most companies assume their insurance covers AI-related damages, but that’s not always the case. From biased algorithms to copyright violations, your business could be exposed to liability.

    In this video, I’ll break down strategies to avoid many legal risks of using AI in marketing, operations, and decision-making. Whether you’ve already launched an AI tool or you’re still evaluating the offerings, this video will help you understand how to make your insurance policy work for you.

    #industriallawyer #insurancelawyer #commericallitigation #privacylaw #datasecuritylaw #whitecollardefense #defenselaw #classactionlawsuits #ailawsuits #aicompliance

    Continue Reading Is Your Business Really Protected from AI Risks?

    Vendors often minimize an ERP implementation’s complexity, cost, and length.

    • Their goal is to sell software, not set a customer’s expectations.
    • But are they contributing to ERP failure? Is the customer to blame for believing them?

    Understanding your business requirements and how you want your ERP software to address those requirements is critical to success.

    • Without understanding your present state, your future state and the requirements that are critical to getting there, you won’t have the ability to properly address functionality gaps in the software.
    • One common theme in the lawsuits we litigate is a failure to devote adequate resources


    Continue Reading Is Your ERP Software Project Doomed? Red Flags to Watch For!