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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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Potential Pitfalls in Data Licensing and Big Data Analytics

The trend in Big Data analytics among companies shows no sign in abating, with companies covetously collecting vast amounts of data with the hopes of harvesting market differentiators.  A study by open-source research firm Wikibon, for instance, forecasts an annual Big Data software growth rate of 45% through 2017.  But…

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EU Cybersecurity Regulations – The Costs of Financial Market Infrastructure Resiliency

Any company that uses information technology is a potential target for data theft, advanced malware and other cyber threats.  Cyber threats have emerged as a growing systemic risk particularly to the financial sector in which Financial Market Infrastructures (“FMIs”) are increasingly under attack from a wide range of players, at…

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You’ve been fired!

It isn’t often that a supplier “fires” its customer, but it’s not unknown. I have worked with two clients recently whose suppliers have given notice of termination without cause. How can you avoid or, if it does happen, manage through a supplier-initiated termination? Obviously, the best position from a customer’s…

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The “Subjective” SLA – Key Stakeholder Satisfaction

Quantitative measures of supplier performance in the form of service levels are critical in any outsourcing relationship.   However, they provide an incomplete picture of how well the supplier is performing and meeting the client’s business and IT objectives.  A common complaint is that the service levels are green each month,…

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FCA issues considerations on the procurement of off the shelf technology solutions (United Kingdom)

In July, the Financial Conduct Authority (FCA – the financial regulatory body in the United Kingdom) issued a paper titled “Considerations for firms thinking of using third-party technology (off-the-shelf) banking solutions” (the Considerations).  The Considerations contain about five pages of checklist “Areas of interest” and related notes, which are stated…

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