The Healthcare.gov and MNsure websites are recent examples of the challenges of implementing complex information technology projects. Virtually every organization or business, large or small, will acquire new technology or replace existing technology as necessary to run its business or deliver services. These projects often result in dissatisfaction on the customer side, which can be avoided in part by better attention paid to the legal agreements with those who will be delivering the software, system, services, or related technology.
To help avoid potential legal pitfalls in such transactions, there are many questions to consider, including:
With proper planning, acquiring new technology should result in a more efficiently run business or service. However, the contracts that govern the development and acquisition of technology should not be treated as an afterthought. These agreements should be fair in the allocation of risks and liabilities, should serve as an accurate reflection of the parties’ expectations and responsibilities, and be clearly written and understandable. A properly drafted agreement can save you money, avoid unnecessary risks, and provide assurance that the technology will either work or will be made to work.
For more information on how to manage these projects please refer to the Legal Guide to Technology Transactions, a collaborative effort of the Minnesota Department of Employment and Economic Development and Gray Plant Mooty. A free copy of the guide can be downloaded from the Gray Plant Mooty or the Minnesota Department of Employment and Economic Development web site.
Contact Michael R. Cohen or Jennifer Debrow if you have any questions or need assistance with a technology transaction.
This article is provided for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. You are urged to consult a lawyer concerning any specific legal questions you may have.
Gray Plant Mooty is recognized as one of the leading corporate law firms in Minnesota and one of the top franchise firms in the world. Our roots go back to 1866. Today, we are a full-service firm with nearly 180 attorneys and offices in Minneapolis and St. Cloud, Minnesota; Washington, D.C.; and Fargo, North Dakota.