Embracing Technology - Cullen and Dykman Convinces Technology Solution Provider to Budge on its "Take it or Leave it" Approach
The Firm represented a multi-campus New York private institution of higher education in the procurement of a cutting-edge constituent relationship management (“CRM”) solution for the admission and enrollment of undergraduate and graduate students from a premier provider of innovative technology and integrated marketing solutions. Cullen and Dykman's attorneys were responsible for reviewing, negotiating and revising the master services agreement which governed all software purchases, software licenses, maintenance services, implementation services and training services related to the solution, and counseling the client on all legal and practical issues involved with the complicated project. Through extensive negotiations concentrated on liability, indemnification, termination, and intellectual property infringement issues, we persuaded the solution provider to execute and deliver a contract which greatly benefited the client but posed minimal risk. Our success is especially noteworthy given that technology providers notoriously refuse to substantially modify service agreements, adopting a “take it or leave it” approach. Our experience with information technology law enabled us to circumvent this common roadblock and achieve a favorable result for the client.