28Jun
Key Liability Terms webinar on July 26
Our ever-popular webinar — Key Liability Terms in IT Contracts — returns on July 26th. In this one-hour class, industry expert David Tollen will discuss.. Read More →
23Jun
New Tech Contracts Master Class Series are here
We’re happy to announce two new series of Tech Contracts Master Classes™ this fall. Each series features a different format (highlighted below), but the content and series.. Read More →
21Jun
July Webinar: Key Liability Terms
Our webinar on July 26th is one of our most popular – Key Liability Terms in IT Contracts. In this one-hour class, David Tollen will discuss key.. Read More →
13Jun
Join us for Wednesday’s Webinar
We hope you will join us for Wednesday’s webinar, Top 6 Mistakes in Cloud Computing Contracts. In this one-hour webinar, industry expert David Tollen explains.. Read More →
08Jun
Next week’s webinar: Top 6 Mistakes in Cloud Computing Contracts. And in July: Key Liability Terms
You won’t want to miss Tech Contracts Academy’s next webinar: Top 6 Mistakes in Cloud Computing Contracts. Register here. In just one hour, industry expert David Tollen.. Read More →
01Jun
Sneak Peek of our June 15 Webinar: Top 6 Mistakes in Cloud Computing Contracts
Tech Contracts Academy’s next training will be our June 15 webinar, Top 6 Mistakes in Cloud Computing Contracts. In this one-hour webinar, industry expert David Tollen.. Read More →
26May
Our July Webinar – Key Liability Terms
Our webinar on July 26th is one of our most popular – Key Liability Terms in IT Contracts. In this one-hour class, David Tollen will.. Read More →
19May
Tech Contracts Academy Trainings – Registration Available Now
Tech Contracts Academy’s next training will be our June 15 webinar, Top 6 Mistakes in Cloud Computing Contracts. Registration is available now. You can see.. Read More →
07Apr
David Tollen’s Workshop for Association of Corporate Counsel
Last week, David Tollen taught a two-hour workshop for the Association of Corporate Counsel (ACC). The ACC Mountain West Chapter held its annual Tech Law.. Read More →
30Mar
Privacy Terms in IT Contracts
We just discussed privacy terms in tech contracts, in a free short (28 min.) audio/visual program on LinkedIn. Topics covered included: Terms re moving private.. Read More →
29Mar
Spring Cleaning: Fix contract terms for data transfers from the UK
Do the UK General Data Protection Regulation and Data Protection Act govern your transfers of personal data to the United States? (Or do they apply.. Read More →
07Mar
Court Decision Citing David Tollen, Expert Witness
We’re proud to announce that David Tollen was recently cited and relied upon as an expert witness in a Massachusetts appellate decision. The case was.. Read More →
04Mar
We’re joining the boycott against Russia
Tech Contracts Academy will accept no Russian Federation customers until Ukraine is free again. The same goes for my law firm, Sycamore Legal. For our Russian.. Read More →
05Jan
Make a Tech Contract training resolution for 2022 – with Tech Contracts Academy®
Happy New Year! As you plan to expand your tech contracting knowledge in 2022, consider enrolling in Tech Contracts Academy’s trainings – which include live.. Read More →
08Dec
Tech contracting training opportunities in 2022
2021 was packed with our popular, on-line public trainings, including nine webinars and two full series of Tech Contracts Master Classes™. Now’s the time to.. Read More →
08Nov
Open Source Contracts
Everyone should know about a new movement: open source contracts. Products and services would be sold under terms posted online by uninvolved third parties —.. Read More →
03Nov
Ten Key Data Terms in IT Contracts: An Issue-Spotter
Here are ten issues to consider when addressing data in IT contracts. This issue-spotter serves both customers and providers, though generally the former benefit more.. Read More →
25Oct
Data Issues in IT Contracts: LinkedIn Live discussion
We recent discussed data issues in IT contracts, on LinkedIn Live. Click the image below to see the video — about 20 minutes... Read More →
07Oct
Minimum Royalty and Reasonable Efforts to Distribute
Here are two vital tips for software distribution contracts. They’re for any software provider retaining another company as a distributor. That includes value-added reseller (VAR).. Read More →
30Sep
Don’t include a DMCA or privacy policy in your contract
IT providers often add their copyright (DMCA) and privacy policies to their contracts. They incorporate those policies by reference or just promise to comply. That’s.. Read More →
28Sep
Our inaugural Tech Contracts Master Class™ series starts October 5
We are excited to launch our inaugural Tech Contracts Master Class™ series on October 5. Join us! And check out our webinars; next one is.. Read More →
24Sep
Don’t use liquidated damages with termination for convenience
Don’t confuse liquidated damages and early termination fees. Liquidated damages compensate a party for the other’s breach of contract. They work like any other damages,.. Read More →
23Sep
IP Issues in Tech Contracts (LinkedIn Live Discussion)
We recently discussed typical IP issues in tech contracts, live on LinkedIn. If you have a LinkedIn account, you can watch the program, which lasts.. Read More →
13Sep
There is nothing wrong with California law
Some companies refuse to accept California law for their deals. In most IT contracts, that’s a mistake. California Employment and Consumer Protection Laws These anti-California.. Read More →
08Sep
Tech Contracts Training Opportunities
Tech Contracts Academy® distance learning opportunities include Tech Contracts Master Classes™, webinars, and customizable in-house trainings. All are for lawyers and businesspeople, and provide complex.. Read More →
25Aug
Time to Get Back to School – with Tech Contracts Academy®
This fall is the time to expand your information technology contracting expertise. Don’t wait! Join us. Tech Contracts Academy® distance learning opportunities include Tech Contracts.. Read More →
19Aug
Don’t define “material breach”
Some contract drafters define material breach in their termination provisions. They find “material” too vague on its own. That’s a mistake because defining the concept.. Read More →
13Aug
Why a notice period to terminate for convenience?
In service contracts, termination for convenience clauses often call for a long notice period. The customer (usually) can terminate for any reason, but it has.. Read More →
11Aug
Announcing our new Master Classes
We’re excited to announce our new Tech Contracts Master Classes™. Tech Contracts Master Classes™ provide an in-depth yet unusually concise, accessible review of all the clauses.. Read More →
28Jul
COVID-19 Disruption Terms
During 2020, we developed terms to address Covid-19: a clause that lets the customer suspend professional services and provides a procedure to restart. It looks.. Read More →
09Jun
3rd Edition on Sale — The Tech Contracts Handbook!
I’m excited to announce the third edition of my book, THE TECH CONTRACTS HANDBOOK. You can buy a paperback or e-book from Amazon and other.. Read More →
02Jun
Non-Compete Issue-Spotter
In a non-compete clause, one party promises not to compete with the other. In IT contracts, customers sometimes ask their professional services providers for non-compete.. Read More →
03May
New Clause Library!
We’re excited to announce that we’ve posted a complete new library of clauses here at TechContracts.com. ABA Publishing is about to release the 3rd edition.. Read More →
28Apr
Don’t Cross the (Payment) Streams
“Don’t cross the streams,” says Egon in Ghostbusters (the 1984 original). “It would be bad.” Why? “Try to imagine all life as you know it.. Read More →
06Apr
3rd Edition, The Tech Contracts Handbook
We’re very excited to announce the third edition of The Tech Contracts Handbook — to be released by ABA Publishing later this month! From the.. Read More →
01Apr
U.S. Tech Contracts Law Firm of the Year!
We’re delighted to announce a new award for our founder’s law firm. Worldwide Financial Advisor Awards Magazine just announced Technology Contracts Law Firm of the.. Read More →
23Mar
IP Indemnity Exception: “Registered after the Effective Date”
Some intellectual property indemnities exclude claims about IP registered after the contract’s effective date. The tech provider argues that it shouldn’t be responsible for IP.. Read More →
15Mar
SLA terms may be more negotiable than you think
Cloud services providers often say they can’t negotiate their SLAs. All customers get the same SLA, so customizing terms for one customer would require changing.. Read More →
10Feb
Don’t grant or receive licenses to “use” software
Here’s a typical grant of rights from a software end-user license agreement (EULA): Provider hereby grants Customer a license to use 30 copies of the.. Read More →
09Nov
Limits of Liability Don’t Work for Indemnities
Contracting parties often debate whether the limit of liability should apply to indemnities. But few notice the problem. Even if the contract specifically says the.. Read More →
24Sep
Yes, You Can Negotiate SLA Legal Terms
IT providers often argue that they can’t negotiate service level agreements (SLAs). They’re right in most cases, but with important exceptions. SLAs govern procedures for.. Read More →
11Sep
Don’t Confuse Change of Control and Assignment Terms
An assignment clause governs whether and when a party can transfer the contract to someone else. Often, it covers what happens in a change of.. Read More →
09Sep
New SaaS Agreement Sample Form
Today, we updated one of Tech Contract Academy’s key sample contract forms: the Hybrid Cloud Agreement with Professional Services. It’s available to you, along with.. Read More →
15Jul
18th Annual Rocky Mountain Intellectual Property & Technology Institute – VIRTUAL
This year, the Rocky Mountain IP Institute is hosting a virtual conference, featuring David as a speaker for two sessions. On Thursday, July 16, David’s.. Read More →
16Jun
Announcing The Tech Indemnities Pocket Guide
I’m excited to announce the publication of my new e-book, THE TECH INDEMNITIES POCKET GUIDE: Indemnities in Software and Other IT Contracts for Lawyers and.. Read More →
09Jun
New Short Book on Indemnities in IT Contracts
Very soon, we will announce a new book. David Tollen has written a 50-page e-book on indemnities in IT contracts. The American Bar Association —.. Read More →
06Apr
Add “Epidemics” to Force Majeure
Some courts won’t enforce a force majeure clause without specifics. They want to see “hurricane” specifically listed as force majeure if you claim a hurricane.. Read More →
20Feb
Cloud Services Are Neither Products nor Services
Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service and other cloud services as if they were either software products.. Read More →
23Dec
Advanced Licensing Agreements 2020
On January 27 and 28 of 2020, David Tollen will be speaking at the Advanced Licensing Agreements 2020 conference in San Francisco, from the Practicing.. Read More →
10Dec
Western Banker’s Association Webinar – Recording Now Available
The one hour webinar David Tollen presented on December 3rd is now available online. Click here to access it through our host, The Western Banker’s.. Read More →
29Aug
Predictions for Technology and Negotiation in 2030
On Thursday September 5th, David Tollen will participate in a webinar entitled Back to the Future, Predictions for technology and negotiation in 2030 and beyond... Read More →
30Jul
David Tollen Speaking at Western Bankers Association
On August 26, David Tollen will be speaking at the 2019 Education Summit & Regulatory Compliance Conference — a Western Bankers Association (WBA) event. David.. Read More →
23Jul
Auto-Renewal Best Practices for B2C Contracts
Most SaaS vendors rely on automatic renewal terms — and love them. If the customer doesn’t think to cancel shortly before the term ends, the.. Read More →
18Jul
Data Privacy Best Practice #3: Use GDPR-Compliant Model Clauses
By Jennifer L. Sheridan, Esq. Use Model Clauses (or EU’s standard contractual clauses) for data exporter-data importer transactions, which have been amended to be GDPR compliant.. Read More →
09Jul
Routine Government Review of Social Media
Last month, the U.S. Department of State started requiring that visa applicants list their social media handles. Would-be immigrants and visitors to the U.S. don’t.. Read More →
25Jun
Browsewraps Could Be Enforced
The Tech Contracts Handbook warns website operators not to rely on browsewraps: contracts posted online without a click-to-agree requirement. In fact, the book warns against.. Read More →
17Jun
Update on State Privacy Law
If you’re feeling a creeping sense of panic about drafting compliant privacy terms, relax. You’re still sane, and you’re in good company. We are, in.. Read More →
11Jun
#2 Data Privacy Best Practice: Self-Certify Compliance with the Privacy Shield
By Jennifer L. Sheridan, Esq. My last post on Data Privacy discussed the best practice of adopting a US and EU law compliant privacy policy.. Read More →
04Jun
Don’t Grant Feedback Licenses (Do this Instead)
The feedback license appears in many tech contracts. It usually gives the vendor a broad, perpetual license to any “feedback” from the customer’s staff: any.. Read More →
29May
Employee Data Likely Excluded from CCPA Rules
As most readers know, the California Consumer Privacy Act (CCPA) is poised to change privacy compliance all over the world. Large businesses will face a.. Read More →
07May
How to Characterize IT
There is no universally accepted industry standard that defines key terms like “cloud computing,” “software-as-a-service,” “platform-as-as-service,” or “infrastructure-as-a-service.” Experts disagree on these terms’ definitions, and.. Read More →
02Apr
“Coming to the Table” podcast with David Tollen
Recently, I sat down for a “Thought Leader” discussion on the Coming to the Table video podcast. It’s a program on the future of negotiation, hosted by.. Read More →
22Mar
Don’t be a philosopher: Seek the “best option” not what’s “fair”
Some businesspeople and lawyers debate whether proposed contract terms would be fair. I think that’s an unhelpful view of contracts, for two reasons. First, it’s.. Read More →
26Feb
Interview at ColinSLevy.com
Colin Levy just posted an interview with our founder, David Tollen. Colin is corporate counsel at Salary.com, and he runs a great blog about legal.. Read More →
11Feb
Most Innovative Information Tech Law Firm
We are very proud to announce that our founder’s law firm has won another award! Sycamore Legal P.C., was awarded Most Innovative Information Technology Law Firm.. Read More →
11Dec
David Tollen Teaching at UC Berkeley Law School
We are proud to announce that David Tollen, our founder and trainer, will soon begin teaching at the UC Berkeley School of Law. Starting in.. Read More →
02Dec
Drafting Big, Complex Statements of Work
In contracts about complex services, the hardest terms to draft appear in statements of work. SoW’s for large projects demand long lists of duties from.. Read More →
14Oct
Speaking at the IACCM Americas Conference
David Tollen will present a workshop at the IACCM Americas conference at the end of this month, in St. Petersburg, Florida. The conference is October.. Read More →
28Sep
Don’t Write “Friendly” Contract Terms
By David W. Tollen Your client or colleagues wants “friendly” contract terms, to avoid offending the other side. For instance, you’re the vendor, and you.. Read More →
14Sep
Should Your Contract Promise that You Will Obey the Law?
By David W. Tollen Many tech contracts require that one or both parties “comply with applicable law.” Or they require compliance with specific laws, like “all.. Read More →
07Sep
Mistakes Triggered by the Many Meanings of “Intellectual Property”
By David W. Tollen Tech industry professionals use “intellectual property” to describe two different creatures. They also use “IP lawyer” for a broad list of professionals.. Read More →
27Aug
Another Award for Our Founder’s Firm!
We are excited to announce that David Tollen’s law firm has won another award. Sycamore Legal, P.C. won Technology Sector Contracts Law Firm of the Year.. Read More →
10Aug
#1 Data Privacy Best Practice: Adopt a Compliant Privacy Policy
By Jennifer L. Sheridan, Esq. In the last post, I introduced BizConnect, a hypothetical startup software company concerned about privacy law compliance. BizConnect is in discussion.. Read More →
29Jul
Spotlight on Privacy Law: What Are Your Responsibilities?
By Jennifer L. Sheridan, Esq. Last month, Facebook’s founder and CEO Mark Zuckerberg testified before the U.S. Senate and House about his company’s data privacy.. Read More →
19Jul
Tech Contracts Class in Uganda
By David W. Tollen Last week, I taught a technology contracts masterclass in Kampala, in partnership with the largest bank in Uganda, Stanbic Bank. It.. Read More →
11Jul
David Tollen on Ugandan TV
Today, David Tollen was interviewed on Ugandan television about his upcoming training program in Kampala — and about technology agreements in Africa. (This YouTube version.. Read More →
09Jul
Force Majeure vs. Disaster Recovery
By David W. Tollen Problem Your contract’s force majeure clause says hurricanes, earthquakes, wars, and other disasters excuse the vendor’s service obligations. But the contract.. Read More →
18Jun
Don’t redline a redline. Talk!
By David W. Tollen You’re negotiating a contract, and you send your company’s standard form agreement. The other party then marks it up — “redlines”.. Read More →
08Jun
Vendors, Don’t Accept Disputed Payment Terms
By David W. Tollen Many tech contracts include terms like the following: “If Customer disputes an invoice in good faith, it may withhold the amount.. Read More →
01Jun
Don’t Use License Agreements for Software-as-a-Service
Many software-as-a-service (SaaS) contracts grant a “license” to use the vendor’s software. That’s a mistake. Licenses are for on-premise software. SaaS is a service, as.. Read More →
25May
David Tollen Joins LegalSifter Board of Advisors
We’re very pleased to announce that our founder, David Tollen, has joined the LegalSifter Board of Advisors. LegalSifter provides cutting-edge artificial intelligence technology that helps.. Read More →
10Apr
Protecting Your Data in Enterprise Cloud Computing Agreements
CIO.com recently published an article by our founder, David Tollen. Please click here... Read More →
23Mar
Two New Awards for Our Founder
We are pleased to announce that our founder and his law firm were recently honored with two awards for excellence. David Tollen was named Internet.. Read More →
16Feb
Open Source in Software Procurement – 5. Data Security
By David W. Tollen This is the fifth in a series of five posts on Open Source in Software Procurement. Click here for the prior post,.. Read More →
02Feb
Open Source in Software Procurement – 4. IP Indemnities
By David W. Tollen This is the fourth in a series of five posts on Open Source in Software Procurement. Click here for the prior post, and click.. Read More →
30Jan
Open Source in Software Procurement – 3. Warranties
By David W. Tollen This is the third in a series of five posts on Open Source in Software Procurement. Click here for the prior post,.. Read More →
26Jan
Open Source in Software Procurement – 2. When It Matters
By David W. Tollen This is the second of five posts in a series called Open Source in Software Procurement. Click here for the first/introductory post... Read More →
26Jan
Open Source in Software Procurement – 1. Intro
Contract drafters rarely understand open source software (OSS). They see it as a threat, so when they’re buying software, they try to exclude OSS from.. Read More →
17Nov
California Tech Sector Law Firm of the Year
We’re very pleased to announce that David Tollen’s law firm, Sycamore Legal, was awarded Technology Sector Contracts Law Firm of the Year, for California. The awards are.. Read More →
02Nov
All Form Contracts Updated
FYI, in October and November of 2017, we updated all the forms on the TechContracts.com Contracts page. The edits relate mostly to minor changes in.. Read More →
20Oct
Last Chance: Re-Register your DMCA Agent by the End of the Year
by Deborah Pulido If you are an internet service provider taking advantage of the Digital Millennium Copyright Act safe harbor, you have until December 31,.. Read More →
12Jun
Article on Modification of Online Contracts
This is a good article from the ABA’s Business Law Today publication: Online Contracts: We May Modify These Terms at Any Time, Right?.. Read More →
07Jun
Law Review Article Cites The Tech Contracts Handbook
A South Carolina Law Review article cites The Tech Contracts Handbook — and in fact relies upon it heavily. The article is THE UNDERCOVER DETECTIVE LOOKS.. Read More →
26Apr
When Law Firms Buy Cloud Services
by David W. Tollen and Nathan Leong You’re a lawyer looking for online software and other tools to run your firm—tools like email, word processing,.. Read More →
20Apr
Is Technology a Threat to Attorney-Client Privilege?
By Phil Brown and David W. Tollen Lawyers love tradition, but many clients want to communicate with 21st Century tools. Texting, Skyping, SnapChatting: all of.. Read More →
17Dec
New Form: Customer’s ITMA (Information Technology Master Agreement)
We’ve posted a new contract in the forms library — and it’s available in MS Word (no charge, as always). It’s meant to serve as.. Read More →
09Dec
5 Simple Rules for Negotiating Software and IT Contracts
Capterra’s IT Management Blog just published an article by David Tollen: 5 Simple Rules for Negotiating Software and IT Contracts. It’s a customer-focused articles, addressing.. Read More →
17Nov
Re-Register for the DMCA by the End of 2017
In its ongoing effort to keep us on our toes, the Library of Congress has changed the rules governing the Digital Millennium Copyright Act. In.. Read More →
17Nov
Re-Register for the DMCA by the End of the Year
In its ongoing effort to keep us on our toes, the Library of Congress has changed the rules governing the Digital Millennium Copyright Act. In.. Read More →
15Nov
#1 Bestseller!
FYI, The Tech Contracts Handbook is the number-one bestseller on Amazon’s Business Purchasing and Buying list! Please check it out! David Tollen, THE TECH CONTRACTS.. Read More →