22Mar
Learn How to Draft and Negotiate Contracts with More Confidence
Writing and negotiating software and cloud computing contracts can be slow, risky, and intimidating, and few professionals receive effective formal training. We built Tech Contracts Academy® to.. Read More →
20Mar
There is no such thing as a mutual indemnity
Tech contracts use indemnities to address third party lawsuits. The indemnitor promises to defend a lawsuit against the indemnified party and to pay any judgments... Read More →
14Mar
FREE LinkedIn Live THIS MONTH
On March 30, join David Tollen’s short LinkedIn Live conversation about the 4 misunderstood types of tech deals: on-premise software, IT professional services, SaaS and.. Read More →
07Mar
NEXT MONTH: Master Classes + Webinar
The month starts off with our April 4th webinar, Indemnities in Technology & Other Commercial Contracts, where we will do a deep dive on this.. Read More →
03Mar
Insurance companies give nuclear indemnities; tech vendors should not
This is what I call a nuclear indemnity: “Vendor shall indemnify Customer against any third party claim arising out of or related to Vendor’s breach.. Read More →
28Feb
Spring Training with Tech Contracts Academy
Spring is right around the corner, and with it comes Tech Contracts Academy’s next trainings. On April 4th, join our 1.5 hour webinar, Indemnities in.. Read More →
21Feb
NEW WEBINAR: Indemnities in Commercial Contracts
We’re happy to announce that registration for our latest training opportunity is now available: Indemnities in Technology & Other Commercial Contracts is a 90-minute webinar.. Read More →
14Feb
Fall in love with tech contracts – train with us
Enrollment for our Spring Tech Contracts Master Class series is now live: Four online classes, taught by industry expert David Tollen –Prime Clauses (April 18), General Clauses (April 25), Key Liability.. Read More →
07Feb
More 2023 Tech Contracts Academy Trainings
Our Spring 2023 Master Class series isn’t the only training currently available through Tech Contracts Academy. We also have a robust offering of in-house training.. Read More →
31Jan
LIVE NOW: Master Class Spring Series Enrollment
Our January Tech Contracts Master Class™ series wrapped up last week. But we’re happy to announce enrollment for our Spring Series is now live: Four.. Read More →
17Jan
Done Procrastinating? You Can Still Join Our Tech Contracts Master Classes
Yes, recordings are available if you missed the first two classes in our Tech Contracts Master Class™ training series going on now. Enroll today, and.. Read More →
10Jan
Tech Contracts Master Classes Going Strong – Join Us
Enroll now and catch our popular, four-class, online Tech Contracts Master Class™ series. Classes run January 10 – 26, 2023. Too busy? Worried about scheduling,.. Read More →
06Jan
Enroll Now – Tech Contracts Master Classes Begin Jan. 10. CA CLE
Start the new year by building your skills – and add the Tech Contracts Master Classes™ Certificate of Completion to your resume. Team discounts and.. Read More →
03Jan
Happy New Year! Tech Contracts Master Classes Begin Jan. 10. CA CLE
All of us here at Tech Contracts Academy wish you and yours a very happy, healthy new year. Now that the holiday festivities are behind.. Read More →
19Dec
Season’s Greetings – Time To Plan Your January 2023 Training, and CLE
Lawyers, contract managers, and other professionals negotiating and administering information technology contracts benefit from our on-line Tech Contracts Master Classes. So do the companies that.. Read More →
15Dec
Draft EU “Adequacy Decision” for Data Transfers to U.S. – Now What?
There’s been a notable development since our October post (Third Time Lucky? Personal Data Transfers between the U.S., EU, UK). Here’s a quick update. EU.. Read More →
14Dec
Don’t let time run out (or miss CA CLE) – enroll in January Tech Contracts Master Classes
Lawyers, contract managers, and other professionals negotiating and administering information technology contracts benefit from our on-line Tech Contracts Master Classes. Start the new year with.. Read More →
07Dec
Want to stay up to date and out of trouble with your tech deals? And earn CLE? January Master Classes.
Attention lawyers, contract managers, and other professionals negotiating and administering information technology contracts: In just 8 hours, over 3 weeks in January, you can start.. Read More →
02Dec
Start the new year right. January 2023 Tech Contracts Master Classes enrolling now.
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 →
21Nov
Grateful … and planning ahead
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 →
14Nov
Need CA CLE, and Tech Contract Training?
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 →
07Nov
Master Classes in Full Swing; Upcoming Webinar
[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 →
03Nov
Ten Key Data Terms in IT Contracts: An Issue-Spotter (Updated)
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 →
28Oct
IT Contract Woes? Train with Tech Contracts Academy
[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 →
23Oct
Third Time Lucky? Personal Data Transfers between the U.S., EU, UK
[Things don’t stand still in the world of data privacy. Check out our December 15, 2022 update here]. Is your head spinning trying to keep.. Read More →
20Oct
Starting Soon – Last Tech Contracts Master Classes of 2022
[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 →
13Oct
IT Professional Services Contracts Webinar & Next Tech Contracts Master Classes Series
[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 →
11Oct
Should the Limit of Liability Cover Indemnities?
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 →
06Oct
Looking For Training About Technology Contracts?
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 →
12Sep
The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?
[Things don’t stand still in the world of data privacy. Check out our short updates: Third Time Lucky? Personal Data Transfers between the U.S., EU,.. Read More →
08Sep
Enroll Now for Oct/Nov Master Class Series – Sept/Oct Series Sold Out
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 →
29Aug
Mark Lemley on Clickwraps
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 →
17Aug
How Long Should a Warranty Last?
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 →
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
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The.. Read More →
29Mar
Spring Cleaning: Fix contract terms for data transfers from the UK
[Things don’t stand still in the world of data privacy. Check out our short updates: The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers.. 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 →
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
[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 →
25Oct
Data Issues in IT Contracts: LinkedIn Live discussion
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The.. 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 →
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 →
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 →
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 (aka SaaS) and other cloud services as if they were either.. 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
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The.. 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
[Things don’t stand still in the world of data privacy. We hope to provide an update re US State law developments (of which there are.. Read More →
11Jun
#2 Data Privacy Best Practice: Self-Certify Compliance with the Privacy Shield
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The.. 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 →
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
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The.. Read More →
29Jul
Spotlight on Privacy Law: What Are Your Responsibilities?
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The.. 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 authorize making copies of on-premise software. SaaS isn’t copied,.. Read More →