Marcus S. Harris

Summary

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.

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Awards

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Education

  • Chicago-Kent College of Law (1999)
  • University of New Mexico, B.A. (1995)

Admissions

  • State - Illinois
  • Federal - Northern District of Illinois
  • Federal - District of Colorado
  • Federal - 7th Circuit Court of Appeals
  • Federal - Eastern District of Michigan

Notable Matters

  • Represented New York and European based make up company in national litigation relating to the production, distribution, and sale of makeup in a trademark infringement case involving well known reality television personality. Kjaer Weis, Inc. v. Kimsaprincess, Inc. (N.D. Ill and C.D.CA). 
  • Represented international Italian fashion brand against allegations of trade dress infringement involving the sale of designer combat style boots.
  • 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.

Speeches and Publications


News

Past Events

Professional Affiliations

  • Illinois State Bar Association

    Member

  • Chicago Bar Association

    Member

  • Richard Linn American Inn of Court

    Member

  • Intellectual Property Strategist

    Member, Board of Editors

  • American Bar Association

    Member, Intellectual Property Section

  • The Sedona Conference

    Member, Working Groups 11 (Data Security and Privacy Liability) and 12 (Trade Secrets)

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