Contract Management Library

30 Apr 2012 | Viewed 321 times

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ATE - New software procurement risks, litigations & best practices

Author: Henry W. (Hank) Jones

Software procurement has become more risky and complex, from unpublicized new vendor practices and pending litigations – to many organizations' surprise. Inbound enterprise software licensing and former norms are now challenged by:

• web-only purported amendments (on pricing, usage rights, and other terms),
• aggressive vendor multi-year compliance audits,
• mergers among vendors and resulting attempted contract “standardization” and change efforts,
• changing technology and products during the license term,
• other changes

The costs, uncertainties, and career challenges of this new era are illustrated by over 3 dozen pending and recent lawsuits, that disclose quite divergent customer and vendor expectations, documents, and processes. This session will:

(a) analyze and summarize these recent, expensive, extensive surprises and fights and
(b) deliver recommended practical action items to “de-bug and upgrade” your software contracting

Our Expert:

Henry W. (Hank) Jones - A 30-year software lawyer, businessperson, and trainer, Henry W. (Hank) Jones, III has handled thousands of varied software licensing and development transactions from both customer and vendor perspectives.

Hank has worked full-time in-house at six companies, serving as head counsel or intellectual property officer at three global publicly-traded corporations. Hank has delivered over 200 presentations in 5 countries, conducted many in-house on-site contracting training sessions, and spoken on the new era of “Software Asset Management” at 5 recent national events. He is based at and works globally from Austin, Texas, as “memphishank.”

Our Host:

Craig Guarente - Craig is the President and founding partner of Palisade Consulting Group, LLC. Palisade and Craig provide clients with expertise and guidance through the enterprise software contracting process, compliance and software audits, and maintenance renewal engagements. Building on 15 years experience in the software industry, most recently as Global Vice President of Contracts, Business Practices, and Migrations at Oracle, Craig has been working with clients to help them establish long-term software management strategies and negotiate more favorable software license agreements that align with their business goals of lowering costs, reducing risk, while providing optimal flexibility.

In May 2012 Craig is scheduled to present at the IBSMA Software Asset Management Summit.

In addition to his work in the software industry, Craig is also a thought leader in the areas of contract administration, contract automation, outsourcing, and business process reengineering. Craig has been an advisor to companies all over the world helping them to optimize and streamline their contracting policies, practices, and tools. He has been a featured speaker at conferences for groups such as the International Association For Contract And Commercial Management (IACCM).

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