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Planning For The Inevitable

By Stanley P. Jaskiewicz
February 28, 2006

People who negotiate tech deals and draft contracts for legal or other services ' such as partnerships and the instruments that monitor them and give them teeth ' must remember one constant in today's ever-changing world: The technology we depend on every day often does not work.

This is true whether one is dealing with e-discovery, e-commerce or simply day-to-day procurement.

As a result, the traditional wisdom, “failing to plan is planning to fail,” has been transformed into a rule of thumb for the tech sector: “plan for failure.” Firms that do not explicitly anticipate systems failure run the risk of being unprepared for a catastrophe, just as Floridians must plan for hurricanes in August ' and New Orleans must now be prepared for potential dike breaches.

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