Marcus S. Harris

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.

He is one of the foremost attorneys in the country representing government entities, distributors and manufacturers in recovering damages arising out of failed Enterprise Resource Planning (ERP) software implementations. As a former in-house attorney at some of the largest software companies in the world, Marcus understands software vendor tactics and is able to leverage his ERP industry knowledge to advocate on behalf of his clients. He frequently speaks on emerging technology related issues and is interviewed regularly by the media.

Beyond his work helping clients recover from failed software implementations, Marcus has extensive experience dealing with cybersecurity issues. He advises clients on complying with the new General Data Protection Regulations (GDPR) being implemented and enforced by the European Union. Failure to be in compliance can result in hefty fines for U.S. software developers that sell to European customers.

Marcus has significant legal and related business experience in the technology industry. Prior to entering private practice, he was senior corporate counsel in charge of intellectual property in the Legal/Contracts Department of SAP America and at SSA Global Technologies (now Infor), where he developed and managed an extensive international trademark and patent portfolio, managed intellectual property litigation, conducted intellectual property due diligence and reviewed advertising material to verify compliance with legal requirements. During law school, Marcus completed an advanced externship at the United States Copyright Office in Washington, D.C.

• Negotiated a video game distribution contract for the client's highly-anticipated sequel to its first-person zombie apocalypse-themed game.  
• Representing a leading national pet supply distributor in a dispute with an ERP vendor in federal court.
• Defending an international ERP vendor against allegations of fraud, negligent misrepresentation and breach of contract.
• Successfully negotiating a multimillion dollar settlement with an international ERP vendor on behalf of a client whose ERP implementation was plagued with delays, a failed go-live and misrepresented functionality.
• Representing clients in disputes involving failed ERP implementations before arbitration tribunals across the country.
• Intellectual property due diligence associated with mergers and acquisitions for clients in the software industry.
• Drafting and negotiating complex multimillion dollar software development, licensing and services deals with Fortune 500 companies.
• Management of a global intellectual property portfolio comprising hundreds of trademarks, patents and copyrights.
• Developing and implementing an open source software strategy for a large global ERP vendor.
• Defense of a global sunglass design company against false allegations of copying made by an international luxury fashion design house.

• Interview - "Roundtable on Technology-Cloud Transformation," Crain's Chicago Business, July 16, 2019
• Interview - "Navigating End-User License Agreements," Fleet Equipment Magazine, Dec. 11, 2018
• Media Mention - "Here's What You Should Know Before a Major Software Rollout," BizWest, Dec. 7, 2018
• Presentation - "Selecting the Best Enterprise Software for your Organization, Negotiating with Your ERP Software Vendor and System Integrators, Digital Transformation and ERP Implementation Lessons from the Front Lines, Lessons from ERP Failures and Lawsuits," Digital Stratosphere Conference, Dec. 3-5, 2018
• Article - "An Overview of Recovering Trademark Infringement Damages” co-author with Ryan Burandt, The Intellectual Property Strategist, December 2018
• Interview - "Marcus Harris, a software litigator, discusses Protecting Your Privacy on Social Media," WHPC-FM Law You Should Know. Nov. 26, 2018
• Presentation - "ERP Software 101: Back to Basics," webinar with Brown Smith Wallace Advisory Manager Henry Struckel, Oct. 10, 2018
• Media Mention - "Facebook Stock Expected to Lose 17% of Value at Selloff Due to “Deceleration of Growth," GoLocalProv, July 26, 2018
• Interview - "Partner Marcus Harris on Leading by Example and Leading From Behind," BizCastHQ, July 10, 2018

• Media Mention - "Tech Attorney and Cyber Expert Explains How Deepfake Videos are a New Form of Domestic Violence," Nashville Tech News, June 27, 2018
• Media Mention - "Toy Bear Pulled From Shelves for Leaking Voice Recordings to Kids," New York Post, June 12, 2018
• Media Mention - "This Toy Was Just Pulled From the Shelves for Leaking Voice Recordings of Children," MarketWatch, June 12, 2018
• Interview - "Popular Toy Pulled From Shelves Over Hacking Concerns," WHO Newsradio 1040, June 12, 2018
• Presentation - "Avoiding An ERP Implementation Train Wreck," 4th Annual IP Strategy Summit: Chicago, June 5, 2018
• Interview - "Take a Wrong Turn with ERP and Wind up in Court," Information Week, May 24, 2018
• Media Mention - "Cambridge Analytica Closure, Twitter Defends Sale of Data to Firm," SCMedia UK, May 3, 2018
• Interview - "Should Teens Be Allowed To Erase Their Internet History?," WHO Newsradio 1040, May 2, 2018
• Media Mention - "Cambridge Analytica shuts down, Twitter Defends Sale of Data to Firm," SCMedia US, May 2, 2018
• Interview - "Should Teens Be Given the Chance to Have Their Online Activity Wiped Clean?" Rural messenger, April 25, 2018
• Interview - "See What You Don't Know You Are Sharing," WHAM ABC13, April 10, 2018
• Interview - "Should States Pass Their Own Laws to Protect Net Neutrality?" WKZO AM590, March 22, 2018
• Interview - "What to Know about Facebook, Data Collecting and Privacy," GoLocal Live, March 21, 2018
• Interview - "With Net Neutrality Repeal, Digital Marketing Spend May Move Toward ISPs" AListDaily, March 6, 2018
• Podcast - "Decision of McAfee & Symantec to Allow Russians Source Code Access" March 4, 2018
• Interview - "Could the End of Net Neutrality Mean the End of Your Netflix Account?" North Florida Now, MacTech, Feb. 28, 2018
• Media Mention - "Why Partners Should Care About Russian Mandatory Source Code Reviews" Channel Futures, Feb. 13, 2018
• Article - "Protecting Product Packaging and Product Configuration" Law Journal Newsletters, November 2017
• Interview - "When Simplification Gets Complicated: 5 ERP Horror Stories to Avoid" DigiToshi, July 6, 2017
• Podcast - "Laurel Bellows and Marcus Harris on Avoiding Employee Transition Pitfalls" Texas Law Talk Radio, Feb. 24, 2011
• Podcast - "Net Neutrality and Intellectual Property" Texas Law Talk Radio, Sept. 15, 2010