All Articles

Before you know it, 2023 will be here – invest just 8 hours over 3 weeks in January, and start the new year with fresh.. Read More →

As Thanksgiving approaches, we want to share our gratitude – for the opportunity to train hundreds of students this year. David Tollen’s courses about technology.. Read More →

David Tollen’s courses about technology contracts offer practical knowledge, in a convenient format, for businesspeople and lawyers. And, they are a great way to earn.. Read More →

[Missed the Oct./Nov. 2022 Master Class series? Fear not – you can enroll in our January 2023 series here: https://www.techcontracts.com/product/tech-contracts-master-class-jan-2023/. 2 hours CA CLE available.. Read More →

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 →

[Missed the Oct./Nov. 2022 Master Class series? Fear not – you can enroll in our January 2023 series here: https://www.techcontracts.com/product/tech-contracts-master-class-jan-2023/. 2 hours CA CLE available.. Read More →

Is your head spinning trying to keep up with headlines about personal data? You are in good company. Here, we take on – at a.. Read More →

[Missed the Oct./Nov. 2022 Master Class series? Fear not – you can enroll in our January 2023 series here: https://www.techcontracts.com/product/tech-contracts-master-class-jan-2023/. 2 hours CA CLE available.. Read More →

[Missed the Oct./Nov. 2022 Master Class series? Fear not – you can enroll in our January 2023 series here: https://www.techcontracts.com/product/tech-contracts-master-class-jan-2023/. 2 hours CA CLE available.. Read More →

Contracting parties often debate whether the limit of liability should apply to indemnity obligations. IT contracts probably answer “no” more often than “yes.” But you.. Read More →

Register now for our next Tech Contracts Master Class™ series (October 26- November 16), and our webinar on November 17, IT Professional Services Contracts. All.. Read More →

Does the European Union (“EU”)’s General Data Protection Regulation (“GDPR”) apply to your  contracts’ transfers of Personal Data from the European Economic Area (“EEA”) to.. Read More →

Our Sept./Oct. Tech Contracts Master Class series, presented by David Tollen, is sold out. Seats are still available for the Oct./Nov. series (our last of.. Read More →

Mark Lemley of Stanford Law School recently pointed out a problem with clickwraps and other take-it-or-leave-it form contracts. I’ve discussed the same issue in many.. Read More →

Students and trainees often ask me how long a warranty of function should last. And contract negotiators regularly debate it. Someone should do a thorough.. Read More →

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 →

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 personal.. Read More →

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 →

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 →

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 →

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 →

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 →

[We updated this post in November of 2022. Click here for the new version.] Here are ten issues to consider when addressing data in IT.. Read More →

We recent discussed data issues in IT contracts, on LinkedIn Live. Click the image below to see the video — about 20 minutes... Read More →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

“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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service (aka SaaS) and other cloud services as if they were either.. Read More →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

CIO.com recently published an article by our founder, David Tollen. Please click here... Read More →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →