Allen Klein

Mr. Klein has more than 20 years of hands-on experience negotiating and renegotiating more than one hundred agreements for the provision of software development services, software implementation and integration services, IT and business process outsourcing services, managed services, SaaS services and cloud services, and assisting clients with the initial stages of disputes regarding such agreements. Among the many issues addressed by Mr. Klein has been production and acceptance standards for deliverables, as well as ownership of deliverables, including software and documentation, produced under a software development agreement.

Mr. Klein has authored or co-authored papers and articles regarding software implementation and integration methodologies, service level agreements (SLAs) for outsourcing and managed services, and the allocation of responsibility for the costs of change (e.g., change in technology) under outsourcing and managed service agreements. At DisputeSoft, Allen is responsible for software development, systems integration, IT and business process outsourcing and managed services clients, where he assists litigators in applying industry standards to determine rights and obligations under development agreements, integration agreements, outsourcing agreements and managed services agreements, and in identifying the root cause of functional shortfalls, technical issues, and service delivery failures. Mr. Klein recently prepared an expert report on the nature and scope of a “virtual business” on behalf of counsel for a major wine club in a dispute with the New York State Liquor Authority.

In the case of renegotiations and disputes, Mr. Klein has assisted clients and counsel to understand what went wrong, which party is responsible, and what can be done to fix it. In this regard, Mr. Klein can help clients understand their SLA contractual obligations, assess their performance and that of their counterparty, and determine the work to be done to successfully complete the project, each of which is critical to counsel handling renegotiations and disputes. In the case of a renegotiation or settlement of litigation, Mr. Klein can also assist in the description and negotiation of the work to be done, and the development, description and negotiation of the commercial terms applicable to such work.

As a lawyer and as a consultant, Mr. Klein has worked on software integration and implementation, IT and business process outsourcing, managed services, SaaS services and cloud services transactions. Mr. Klein has assisted a wide variety of leading global corporations including financial institutions (including insurance companies, banks and asset managers), media companies, design and distribution companies (including in fashion and footwear), chemical and other manufacturing companies, specialty retailers (including in the beverage business), pharmaceutical and pharmaceutical service companies, satellite-based internet service providers and a major hotel chain.

Allen Klein, software litigation expert
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J.D., State University of New York at Buffalo (SUNY Buffalo)
B.A., Cornell University

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