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Banking Technology: Finding the Balance Between Cost-Effectiveness and Manageability

As the range of technology employed by the UK’s leading banks widens, the balance between cost-effectiveness and manageability of solutions becomes increasingly difficult to strike.  Background The banking sector in the UK has grown significantly through acquisition and amalgamation. The result is a market dominated by banking groups, which have…

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Addressing Cyber Attacks & Data Breaches in Supplier Contracts

Part 2: How are Limits of Liability Evolving, with Respect to the Issue of Data Breaches? Ten years ago, most “buyers/customers” expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer’s data. Today, while customers may continue to insist upon such…

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Addressing Cyber Attacks & Data Breaches in Supplier Contracts

Part 1: Contractual Protections With Respect to Data Breaches Given the unrelenting, it seems, news reports of cyber attacks and data breaches affecting customer records and data, the issue of what are the appropriate contractual provisions that should govern data breaches in a contract between customers and suppliers remains timely,…

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Don’t Get Caught with your Transition Services Down (part 1 of 2)

There is no shortage of commentary on why mergers and acquisitions fail or do not live up to their projected potential. The percentage of failed or underachieving deals is astounding with some placing the failure rate over eighty percent.The reasons for this dismal outlook range from ill-advised strategic vision, misaligned…

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IT Services with Chinese Characteristics

News of Alibaba’s cloud investment and a recent software park tour indicate that China’s IT services industry is evolving in its own way. Alibaba Invades Silicon Valley The “Amazon of China” is following Amazon’s playbook yet again with their investment in the cloud. Aliyun, Alibaba’s technology arm, already operates five…

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FTC Chairs warns of threats from the Internet of Things (IoT)

The Internet of Things (IoT), whereby miniature computers are embedded into objects and devices and connected via the internet using wireless technology, offers many advantages, such as smart thermostats which have the ability to remotely monitor and adjust your heating at home, and medical devices / apps which are used…

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ERP Licensing: Positioning Your Company For the Future (Part 2)

This is the second of two postings that outline key pricing protections you should consider negotiating with licensors of ERP software to provide flexibility and predictability in managing the ongoing license and maintenance costs associated with the software.  In the earlier posting, we discussed future option discounts, exchange rights, and…

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ERP Licensing: Positioning Your Company For the Future (Part 1)

The licensing and implementation of ERP software is a major long-term investment for any company.  In addition to negotiating favorable upfront pricing for the software, it is important to build in pricing mechanisms that provide flexibility and predictability in managing the ongoing license and maintenance costs associated with the software. …

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XL is Not Always the Right Fit: Sometimes the Right Contract Template is Not the Longest Contract Template

As a thin guy, I used to subscribe to the philosophy of wearing large clothes to look bigger than I was.  What I actually looked like was a scrawny guy in ill-fitting clothes that were not overly comfortable. Sourcing of IT and associated services may be falling into a similar…

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