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.

• Represented an international packaging company in connection with allegations of a failed ERP software implementation and failed Digital Transformation against Oracle and NetSuite. Elkay Plastics Co., Inc. v. NetSuite, Inc. and Oracle America, Inc. Case No. CGC-28-583152 San Francisco Superior Court.
• Represented national audio-visual services provider in connection with allegations of a failed ERP software implementation and failed Digital Transformation. Five-Star Audiovisual, Inc. v. Unique Business Systems Corporation. Case No. 1:24-cv-05271 (N.D. Ill).
• Represented national bank in connection with allegations of a failed ERP software implementation project and Digital Transformation against European software company. Old National Bank v. Backbase Services USA, Inc. 1:22-cv-10100 (SDNY).
• 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 made up of 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.

• Article – “6 best practices for using generative AI in the workplace,” Columbus Business First, Oct. 23, 2024.
• Speaking – “Legal Strategies for Technology Procurement,” 2024 Digital Stratosphere Conference, Oct. 3, 2024.
• Article – “Legalities of artificial intelligence just starting to scratch surface,” Cleveland Jewish News, Aug. 11, 2024.
• Speaking – “Resurgence of Unjust Enrichment Claims: Pleading, Proof, Defenses; Measure of Recovery, Innocent Defendants,” Strafford Live Webinar, May 7, 2024.
• Speaking – “SaaS Contract Negotiations: A Winning Playbook,” Pemeco Consulting Webinar, April 27, 2023.
• Article – “Top 5 Ways Software Vendors Try to Mislead You,” The Illinois Manufacturer Q1 2023 (with Nick Brankle and Jillian Cole).
• Speaking, “Digital Transformation and Contracting,” 2022 Digital Stratosphere Conference Live Online Edition, Feb. 8-10, 2022.
• Panelist, “Roundtable on Intellectual Property/Patent Law,” Crain’s Chicago Business, Nov. 8, 2021.
• Speaking – “Lessons from Digital Transformation Failures,” “Defending Cyber Warfare in the 2020s: Data and Cybersecurity in Digital Transformation,” and “Best Practices and Legal Advice for M&A Integration,” Digital Stratosphere Live Online Edition, April 20-22, 2021
• Article – “What to Consider When Restarting ERP Projects During and After COVID-19,” The Illinois Manufacturer, Q4 2020
• Interview – “How to renegotiate your ERP contract during a pandemic,” TechTarget, May 4, 2020
• Interview – “ERP implementation challenges grow in COVID-19 crisis,” TechTarget, May 1, 2020 (with Daniel Saeedi)
• Speaking – “How to Negotiate (and Renegotiate) ERP Contracts During Crisis” and “Mitigating Digital Transformation Risk Amidst Disruption and Uncertainty,” Digital Stratosphere Conference (Online), April 20-24, 2020
• Blog Post – “ERP Practices Under the CCPA,” Taft Technology Insights, March 19, 2020
• Blog Post – “Preparing to Defend Against CCPA Allegations,” Taft Technology Insights, March 16, 2020
• Media Mention – “Your ERP Contract is Worse Than You Thought,” IT Jungle, February 12, 2020
• Speaking – “Lessons from ERP Failures and Lawsuits,” “Negotiating with Your ERP Software Vendor and System Integrators” and “Panel Discussion: Lessons from Transformation Experts,” Digital Stratosphere Conference, San Diego, Jan. 28-30, 2020
• Blog Post – “Six Warning Signs ERP Systems May Fail,” Taft Technology Insights, Jan. 15, 2020
• Blog Post – “Avoiding ERP Grief Counseling,” Taft Technology Insights, Jan. 8, 2020
• Blog Post – “Is Upgrading Your ERP Necessary? Maybe Not.” Taft Technology Insights, Nov. 4, 2019
• Blog Post – “ERP Is a Business Solution, Not Just a Technology Tool,” Taft Technology Insights, Oct. 1, 2019
• Blog Post – “ERP Cloud Migration Might Not Be Sunny,” Taft Technology Insights, Sept. 24, 2019
• Blog Post – “Keeping Public Sector ERP Projects From Going Astray,” Taft Technology Insights, Sept. 16, 2019
• Blog Post – “Why Aren’t CEOs Asking These Five Questions on Data Security,” Taft Technology Insights, Aug. 29, 2019
• Blog Post – “Seven Things General Counsel Should Know About ERP Contracts,” Taft Technology Insights, Aug. 28, 2019
• Blog Post – “How Senior Management Causes Its Own ERP Problems,” Taft Technology Insights, July 29, 2019
• Blog Post – “Don’t Let ERP Contracts Fool You Twice,” Taft Technology Insights, July 26, 2019
• Blog Post – “SAP, Accenture and The Weakness of Entrenched Success,” Taft Technology Insights, July 22, 2019
• Interview – “Roundtable on Technology-Cloud Transformation,” Crain’s Chicago Business, July 16, 2019
• Blog Post – “6 Keys to Selecting the Right ERP Integrator,” Taft Technology Insights, July 16, 2019
• Blog Post – “4 Ways to Avoid Maryland’s Digital Transformation Nightmare,” Taft Technology Insights, July 1, 2019
• Blog Post – “Reducing the Cost and Problems of an SAP S/4 HANA Software Implementation,” Taft Technology Insights, June 21, 2019
• Blog Post – “Another Week, Another SAP ERP Lawsuit,” Taft Technology Insights, June 11, 2019
• Blog Post – “Lawsuit Settles After Another Major ERP Derailment,” Taft Technology Insights, June 6, 2019
• Blog Post – “Accenture Hurt Hertz: Lessons for ERP Users,” Taft Technology Insights, June 4, 2019
• Blog Post – “7 Things to Not Do When Negotiating Your SAP S/4Hana ERP Contract,” Taft Technology Insights, June 3, 2019
• Blog Post – “An Apple Box of Reasons Why the U.S. Needs a GDPR,” Taft Technology Insights, May 31, 2019
• Blog Post – “Review Data Security and Software Licenses When Buying a Company,” Taft Technology Insights, May 3, 2019
• Blog Post – “Preparing for the CCPA,” Taft Technology Insights, April 3, 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