Gallitano & O'Connor has represented universities and higher education clients in their acquisition of enterprise resource planning (ERP) systems, clinical information systems and other enabling technologies. Dennis is an Individual Associate Member of the National Association of University and College Attorneys (NACUA) and spoke at NACUA's Fall 2005 Technology Conference on the topic of creating leverage during the negotiation process.

Representative Transactions

• We recently closed an ERP system acquisition for a Western based, state-wide, higher education system comprising universities, colleges and community colleges.  The university negotiated two separate contracts, one for the ERP software vendor and the other for the systems integration services.  The state system competitively negotiated with 2 software vendors for the software platform, and with 3 vendors for the systems integration component of the project.
• We represented a large, city-based higher education system in the acquisition of an ERP system and related implementation and hosting services. Challenges include negotiating a systems integrator, performance-based contract, and long-term commitments to support and maintenance. This university ERP system acquisition is one of the largest transactions in the higher education industry.
• We currently are representing a state-wide higher education system in its acquisition of an ERP system. Challenges include the size of the institution, significant student population growth projections, and the diverse needs of multiple educational constituencies (i.e., universities, colleges and community colleges).
• We advised the medical center of a top 25 public university on issues relating to its acquisition and deployment of a clinical information system across its five hospitals, two free-standing research institutes and large number of community-based primary and specialty care facilities.
• We represented a leading research university in its acquisition of an ERP system to accommodate, among other ERP functionality, the institution's significant federal grants programs. This representation involved two separate agreements one for the software solution and the other for system integration services from a third-party implementer.
• We represented a large, growing, research-based university in its ERP acquisition. Special considerations involved total cost of ownership, costs for future state and federal changes, and commitments relating to project management and personnel.
• We represented a large, public university in its procurement of ERP software and implementation services. Special issues included equipment configuration commitments, project management responsibilities, and selection of, and restrictions on removing personnel.
• We represented a large, well-known public university in dual-track negotiations for the acquisition of a clinical information system. 

Vendor Experience

We have negotiated transactions with some of the major system providers and integrators in the industry, including: