Contract negotiations and legal issues
Contract negotiations and legal issues can be tricky areas for CIOs, given the mix of IT, legal and business topics. Learn more about evaluating your needs, weighing different options and picking a vendor with the news, tips and other resources on contract negotiations and legal issues in this topic section.
Top Stories
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News
10 Dec 2021
Head of Instagram faces Senate committee grilling
U.S. Senators are calling for greater regulation of tech companies and social media platforms like Instagram. Continue Reading
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News
10 Dec 2021
Amazon's harms to small businesses get Senate airing
Amazon's business practices are facing scrutiny not just in the U.S., but also around the globe. Amazon was hit with a record $1.28 billion antitrust fine this week. Continue Reading
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News
08 Dec 2021
White House wants more antitrust enforcement focus on labor
Special Assistant to the President Tim Wu highlighted merger review as a key focus area for the DOJ and FTC as the agencies assess competition in labor markets. Continue Reading
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News
23 Nov 2021
Planning key to navigating a U.S. government shutdown
Federal contractors and IT vendors should brush up on plans to navigate a government shutdown as a Dec. 3 funding deadline approaches. Continue Reading
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News
22 Nov 2021
DOD invites Google, Oracle to bid on JWCC cloud contract
Google has been invited to bid on the Department of Defense's Joint Warfighter Cloud Capability multi-vendor contract. One analyst says Google is well set up to be a contender. Continue Reading
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News
19 Nov 2021
US-China commission recommends business transparency
The U.S. China commission recommended that businesses be transparent about their Chinese operations as both companies and Congress face tough policy and regulatory hurdles. Continue Reading
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News
19 Nov 2021
U.S. infrastructure bill aims to close the digital divide
The U.S. infrastructure bill intends to close the digital divide with $65 billion in new spending. But it may still leave the U.S. behind China and Europe in high-speed internet access. Continue Reading
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News
12 Nov 2021
Antitrust reform is uncertain despite bipartisan support
Strong bipartisan support for antitrust reform has resulted in the introduction of numerous antitrust reform bills that may face a tough road toward being enacted into law. Continue Reading
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News
09 Nov 2021
Biden's top science advisor working on AI bill of rights
A national AI bill of rights could include the rights to transparency and data governance, according to Biden's top science advisor. Continue Reading
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News
05 Nov 2021
EU's Digital Markets Act could affect US job growth
Experts argue that the European Commission's Digital Markets Act, which aims to curb the influence of powerful tech giants, might have unintended consequences. Continue Reading
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News
29 Oct 2021
For big tech regulation, one-size-fits-all won't work
Economist Carl Shapiro said to get big tech regulation right, Congress can't lump Google, Apple, Amazon and Facebook into the same category. Continue Reading
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News
27 Oct 2021
Senators push for more online child privacy protections
U.S. senators expressed frustration with social media giants for not supporting specific legislation enhancing child privacy protections online. Continue Reading
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News
06 Oct 2021
Facebook whistleblower slams company's practices
Facebook whistleblower Frances Haugen condemned the company's practice of shielding internal research and called upon Congress to take action. Continue Reading
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News
30 Sep 2021
Senators fault Facebook on leaked research about teen users
Facebook's global head of safety defended the company's platforms after leaked internal research showed Facebook and Instagram negatively affect teens' mental health. Continue Reading
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News
23 Sep 2021
Senators press Facebook, Google on consumer data value
Facebook and Google took the hot seat Tuesday during a Senate subcommittee hearing to defend their companies' business practices and answered questions regarding consumer data. Continue Reading
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News
17 Sep 2021
FTC rescinds vertical merger guidelines, raises concerns
The FTC recently rescinded its 2020 guidance for vertical mergers. Meanwhile, Pres. Joe Biden plans to nominate a new commissioner to the FTC board. Continue Reading
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News
10 Sep 2021
China's crackdown spells trouble for U.S. businesses
As China's crackdown on businesses sounds alarm bells for C-suite executives, a U.S. district judge handed down a long-awaited verdict in the Apple vs. Epic Games trial. Continue Reading
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News
02 Sep 2021
South Korea law upends app store practices
A new law in South Korea enables developers to use payment systems outside those offered by app store platform providers. One expert said other governments may follow suit. Continue Reading
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News
27 Aug 2021
App store commission fees scrutinized by South Korea
In this week's antitrust roundup, South Korean officials focus in on Apple and Google app store practices, while U.S. officials meet with tech leadership to discuss cybersecurity. Continue Reading
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News
13 Aug 2021
Apple's fight against child abuse prompts data privacy concerns
Apple is launching features to detect child abuse images in photos and messages. But data privacy experts have some concerns about how else the technology might be used. Continue Reading
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News
06 Aug 2021
Amazon GDPR fine signals expansion of regulatory focus
Amazon's $887 million GDPR fine likely stems from consumer consent and may indicate the EU is moving beyond data breaches and zeroing in on data practices. Continue Reading
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Feature
29 Jul 2021
Chinese regulatory crackdown is about control, not data privacy
Despite China's messaging, analysts believe the government's recent regulatory tightening on tech companies is more about control than data privacy concerns. Continue Reading
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News
16 Jul 2021
Legacy regulatory practices won't rein in tech giants
French authorities fined Google $593 million this week, shedding light on how current regulations won't have meaningful effect on the business practices of tech giants. Continue Reading
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News
09 Jul 2021
Executive order zeros in on big tech, anticompetitive behavior
President Biden signed an EO that enhances merger scrutiny and tasks the FTC with creating rules for data accumulation and unfair competitive practices in online marketplaces. Continue Reading
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News
02 Jul 2021
FTC broadens antitrust enforcement powers
The Federal Trade Commission took steps Thursday to broaden its powers by increasing the scope of antitrust inquiry, streamlining rulemaking and expediting investigations. Continue Reading
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News
28 Jun 2021
Antitrust lawsuits against Facebook dismissed
A federal court dismissed two antitrust lawsuits against Facebook, which alleged the social media company acquired competitive companies to maintain dominant market power. Continue Reading
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News
25 Jun 2021
Europe's scrutiny of big tech business practices continues
This week, the EU launched an investigation into Google's ad practices. Meanwhile, the U.K. focuses on fake reviews and Germany takes a closer look at Apple App Store practices. Continue Reading
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News
24 Jun 2021
House Judiciary Committee advances 6 antitrust reform bills
Six antitrust reform bills made it through the House Judiciary Committee review and will now be considered by the House of Representatives. Continue Reading
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Feature
01 Jun 2021
Today's blockchain use cases and industry applications
Though far from a mature technology, blockchain is gaining prominence as a sound and highly secure method of conducting myriad transactions in multiple applications and industries. Continue Reading
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News
28 May 2021
For big tech regulation, a hammer may not be the answer
Experts believe breaking up big tech companies does more harm than good. Other, light-handed approaches, including third-party audits of algorithms, might be better. Continue Reading
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News
25 May 2021
Amazon hit with antitrust lawsuit
Amazon is facing an antitrust lawsuit for fixing retail product prices. Experts said the argument likely won't hold up and Amazon will fight it 'tooth and nail.' Continue Reading
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News
21 May 2021
Tim Cook takes stand in Apple, Epic lawsuit
Apple CEO Tim Cook faced questions from both Epic Games and Judge Yvonne Gonzalez Rogers over Apple's App Store practices. Continue Reading
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News
07 May 2021
Antitrust enforcement needs money not reform, experts say
Antitrust experts said amending merger and acquisition laws would hamper competition. Instead, agencies should be better funded to expand on the work they're already doing. Continue Reading
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Guest Post
09 Apr 2021
4 IT contract negotiation strategies to drive value in 2021
To ensure businesses today can effectively save costs through IT sourcing and outsourcing, we're offering four tips for IT leaders to consider when in negotiations with providers. Continue Reading
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Feature
11 Feb 2021
Changes to U.S. antitrust laws could hamper innovation
Antitrust lawsuits and regulatory proposals could have a greater impact on the technology industry than regulators expect. Expert Aurelien Portuese explains why. Continue Reading
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Feature
04 Feb 2021
Biden wants review of IT exemption in Buy American law
Commercial IT products including hardware and software systems could soon fall under the purview of the Buy American Act if their exemption is removed. Continue Reading
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Tip
16 Oct 2020
COVID-19 jolts tech spending, spurs more flexible vendor terms
IT spending by companies in the early days of COVID-19 quickly turned to cost-cutting. Learn how vendors responded with new terms and aggressive discounting for new business. Continue Reading
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Infographic
30 Sep 2020
Tips to counter sales tactics thru server refresh lifecycle
See what you can do throughout the server lifecycle to counter the sales strategies of hardware vendors competing for customer dollars in a cutthroat market. Continue Reading
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Infographic
28 Sep 2020
9 steps to better IBM ELA negotiation results
Get a leg up on your next IBM enterprise licensing agreement or renewal. Following these nine steps will help prepare you to meet Big Blue across the negotiation table. Continue Reading
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Answer
03 Sep 2020
Is third-party threat a viable server maintenance contract tactic?
When negotiating server hardware and maintenance agreements with vendors, server customers can threaten to go elsewhere. But how effective is that tactic? Continue Reading
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Answer
02 Sep 2020
What is a top barrier to fruitful server refresh cycle negotiations?
Successfully countering server vendor sales tactics requires forecasting hardware and maintenance needs. Lacking a solid, consolidated forecast can be a recipe for failure. Continue Reading
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Tip
01 Sep 2020
Best practices for better server lifecycle management deals
A buyer's playbook with granular forecasts of server refresh, upgrade, maintenance and precedent discount details strengthens your negotiation position with your server supplier. Continue Reading
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Tip
24 Aug 2020
Actual sales tactics vendors use during server refresh lifecycle
See specific examples of the strategies server vendors use in order to better prepare for sales pitches throughout the five stages of the server renewal and refresh lifecycle. Continue Reading
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Tip
14 Aug 2020
How 5 stages of server lifecycle influence vendor sales tactics
Learn about sales tactics that server suppliers like Dell EMC, HPE, Lenovo, IBM and Cisco use to try to win back market share from white box suppliers and how those affect you. Continue Reading
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Tip
27 Jul 2020
Why SLA compliance should be top of mind for IT leaders
Service-level agreements are critical to measuring agreed-upon metrics and ensuring accountability of both parties. Learn more about the importance of SLA compliance in IT. Continue Reading
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Tip
06 Jul 2020
4 ways CIOs can reduce IT costs through third-party spending
We've identified the top four ways in which CIOs can drive IT cost savings within their organizations -- in order of low to high -- through their third-party spending. Continue Reading
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Tip
05 Jun 2020
Controlling IBM licensing agreement narrative key to success
Take control of the information narrative and unify your messaging strategy through a cross-functional negotiation team for best-in-class enterprise license agreement renewals. Continue Reading
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Tip
29 May 2020
Assess risk, forecast for IBM software licensing agreement success
When it's license renewal time, ClearEdge Partners recommends taking stock of the licenses you already have and determining how to allocate spending across your IBM ELA. Continue Reading
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Tip
26 May 2020
Insight into Big Blue key to better IBM ELA renewals
Before negotiating a renewal of your IBM enterprise license agreement, get to know Big Blue's sales strategy and which factors influence its deal-making process. Continue Reading
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Tip
22 May 2020
Successful IBM ELA renewal negotiations require preparation
Start planning early, follow a realistic timeline and know your enterprise license agreement options inside and out as you gear up for ELA negotiations with IBM. Continue Reading
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Tip
05 May 2020
India lockdown exacerbates coronavirus impact on IT
As the COVID-19 pandemic continues to impact IT outsourcing with India service providers, organizations should consider the following approaches that can allow for more flexibility. Continue Reading
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Tip
29 Apr 2020
The impact of India's pandemic lockdown on IT outsourcing
In part one of a two-part series, we're identifying the major factors affecting enterprises with India IT outsourcing providers during the COVID-19 pandemic. Continue Reading
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Tip
25 Mar 2020
Contract risk management: Focus on these 6 areas
Inspecting vendor contracts for risk is increasingly important as CIOs scramble to stay nimble in a volatile economy. ClearEdge Partners explains how to protect your interests. Continue Reading
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Tip
24 Mar 2020
How to write an RFP and statement of work for an IT services contract
Master how to write an RFP and statement of work to get the IT services you need using these best practices from consulting firm ClearEdge Partners. Continue Reading
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News
23 Mar 2020
Coronavirus pandemic ups the IT contract negotiation game
IT contract negotiation has always been a difficult dance between customers and vendors, but the coronavirus pandemic means there are new rules to navigate on both sides. Continue Reading
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Tip
23 Mar 2020
Improve your IT contract negotiations by focusing on 5 factors
When buying technology, a bare-knuckle approach rarely succeeds. To get a good IT deal, CIOs should pay heed to five transformations driving businesses, ClearEdge's CEO says. Continue Reading
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Tip
13 Mar 2020
How to negotiate a good software subscription agreement
A big mistake IT execs make in negotiating software subscription deals is overbuying. Here are seven steps from ClearEdge Partners' Rachel Annello that will lead to a better deal. Continue Reading
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News
29 Oct 2019
ThoughtSpot-Qlik battle shines a light on non-compete contracts
ThoughtSpot and Qlik CEOs squabble online over controversial but widely used non-compete agreements and the larger impact these contracts have on the IT industry. Continue Reading
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Feature
08 Jul 2019
CIO's breadth, depth, business savvy on display at Trace3 Evolve
Technology leaders from NetApp, First American and Experian were among those honored at the Trace3 Evolve event. Their outsized role in driving business value was on full display. Continue Reading
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Tip
14 May 2019
CIOs need to rethink how they're managing outsourcing transitions
The old rules for managing outsourcing transitions no longer apply. Here are three nontraditional approaches to help ensure maximum benefit when switching outsourcing providers. Continue Reading
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Feature
28 Mar 2019
IoT smart contracts bring opportunities and challenges
Smart contracts for IoT are the talk of the town. But whether they're all ready for action -- legally or otherwise -- can be debated. Continue Reading
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News
18 Jan 2019
CIO role: Should a CIO manipulate information?
IT experts react to yesterday's report in the Wall Street Journal that a CIO used his private company to manipulate online polling data. What's that say about the CIO role? Continue Reading
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Tip
17 Dec 2018
How to sustain hard-won ITSM automation gains
The ITSM automation gains you've reaped from your ITSM provider can vanish when you need to switch vendors. These five tips will prevent that from happening. Continue Reading
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News
30 Nov 2018
AWS License Manager spotlights BYOL compliance
Many AWS customers use the bring-your-own-license model. Now, the cloud vendor has given them a tool to ensure they comply with third-party contract agreements. Continue Reading
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Tip
26 Nov 2018
E-discovery in the cloud introduces security, compliance issues
E-discovery is still reliable for organizing and preserving data for legal compliance, but e-discovery in the cloud and container-based storage complicate governance processes. Continue Reading
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Answer
12 Oct 2018
How can companies implement ITSM compliance standards?
In this Ask the Expert, IT governance expert Jeffrey Ritter discusses his formula to successfully align new technology with ITSM compliance standards -- all while minimizing risk. Continue Reading
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News
31 Jan 2018
Law firm: Trump administration policies may reshape IT outsourcing
Trump administration policies on the H-1B visa program for foreign workers and 'political uncertainty' may accelerate the move to the cloud in 2018, a Mayer Brown attorney says. Continue Reading
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News
30 Jan 2018
In 2018, legal tech trends attest to power of data
Data becomes paramount, worldwide laws may call for contractual changes and the demand for digital services is prompting a litigation shift, according to law firm Mayer Brown. Continue Reading
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Tip
06 Feb 2015
Private cloud termination agreement: What CIOs need to know
Relationships between companies and their cloud providers can be fleeting. Knowing this, it's important for CIOs to think about exit strategies before they sign that cloud contract. David Rutchik, a partner at Pace Harmon LLC, offers advice. Continue Reading
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News
08 Oct 2013
Why is Microsoft licensing so complicated?
Live from the 2013 Gartner Symposium ITxpo, Microsoft CEO Steve Ballmer discusses why Microsoft licensing is so complicated. Continue Reading
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Tip
20 Jun 2012
Eliminating change management process chokeholds
Learn which aspects of the change management process cause bottlenecks, as well as ways to get around them. Continue Reading
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News
05 Jun 2012
CIO skills in most demand: The ability to 'helicopter'
Does your CIO skills repertoire include the ability to "helicopter"? Then do I have a job for you! Continue Reading
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News
12 Apr 2012
CIOs want exit options from cloud service providers
Security and compliance remain top concerns for CIOs seeking cloud service providers, but vendor lock-in isn't far behind. Continue Reading
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News
31 Jan 2012
Shared services model puts focus on external customer
For Owens Corning CIO David Johns, a shared services model is key to a low-cost, high-value IT and business services delivery strategy. Continue Reading
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Tip
19 Sep 2011
Negotiating maximum cloud uptime from service providers
Uptime issues with health care cloud services can lead to HIPAA compliance issues, not to mention lawsuits. To avoid problems, be firm when negotiating service agreements. Continue Reading
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Feature
10 Aug 2011
ISVs' virtualization licensing terms still a problem
Ask IT executives what the No. 1 desktop virtualization challenge is today, and many say ISVs' virtualization licensing remains a stumbling block. Continue Reading
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Feature
05 Aug 2011
Outsourcing strategy for new tech, beyond the contract
Supplementing this week's outsourcing strategy tip for emerging tech, here are two steps you can take outside the contract to sweeten the deal. Continue Reading
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News
06 Aug 2010
Enterprise adoption of the public cloud hinges on liability policies
People compare public cloud computing to the Wild West, but it's only a matter of time before law and order reign through liability policies. Continue Reading
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News
09 Oct 2009
Why IT can be OK with users managing their own SaaS services contracts
The road to creating and managing IT outsourcing contracts is a long and winding one – especially when business users start procuring their own services, such as applications via Software as a Service, or SaaS. Continue Reading
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News
06 Oct 2009
Software vendor evaluation criteria: Sample scorecard templates for IT projects
Need a hand in evaluating prospective vendors or managing your current crop? Here's a sampling of software vendor scorecards and requirements to help you create your own. Continue Reading
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News
20 Aug 2009
Failure to track virtualization licensing terms can cost you
How are vendors counting licenses under the virtualization model? Our blogger explains why you should look into your virtualization licensing terms -- or be ready to pay some hefty fees. Continue Reading
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News
13 Aug 2009
Virtualization licensing terms: A call to arms
There is clearly still a lot of confusion out there surrounding virtualization licensing terms. Our blogger dives into the issue. Continue Reading
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News
29 Jun 2009
Internet traffic overload: What does it mean for cloud computing services?
Cloud computing services have felt the strain of recent news events. Our blogger wonders: Should customers ask how providers will handle such traffic surges? Continue Reading
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Tip
11 Mar 2009
Cost reduction tips for your strategic sourcing contracts
CIOs should revisit their strategic sourcing contracts and work closely with their suppliers to analyze current spending and achieve maximum cost reductions. Continue Reading
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Tip
07 Feb 2008
Software license agreements: Scope is key
Been through a usage audit lately? Here are some license terms to watch for so you'll be on the up and up. Continue Reading
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News
01 Oct 2006
What you don't know about SaaS
Will software delivered via the Net integrate with your systems? Is the new breed of SaaS providers reliable? Does hosted software truly save you money? The answers might surprise you. Continue Reading
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News
04 Apr 2006
Buyers should beware in BI negotiations
Business intelligence platforms are complex, expensive purchases. A Gartner analyst offers helpful tips for getting the most for your money and avoiding hidden costs down the road. Continue Reading
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News
03 May 2005
Get ready to negotiate outsourcing (again)
A recent Gartner survey of 200 executives from large and midsized companies shows that 80% of all outsourcing deals will be renegotiated – 15% within the first year. Continue Reading
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News
22 Feb 2005
Managing outsourcing contracts of all sizes
From internal buy-in to external politics, managing your outsourcing contract requires diplomacy and a clear vision. Continue Reading