This week’s musings on tech contracts… Some IP indemnities exclude claims about intellectual property registered after the contract’s effective date. The vendor argues that it
This week’s musings on tech contracts… This week’s musing addresses a simple point. We define a contracting party as multiple entities. Don’t even do it if you
This week’s musings on tech contracts… Contracting parties often debate whether the limit of liability should apply to indemnity obligations. IT contracts probably answer “no”
This week’s musings on tech contracts Here are two tips for software distribution contracts. They’re for any software provider retaining another company as a distributor.
This week’s musings on tech contracts Most of us know that generative artificial intelligence creates some unusual risks. Few of us, however, have taken the
Many software-as-a-service (SaaS) contracts grant a “license” to the vendor’s software. So do a lot of other cloud services agreements – on offerings like PaaS
This week’s musings on tech contracts Many limits of liability (LoLs) include an exception for truly terrible conduct: | Section __ [the LoL] does not
This week’s musings on tech contracts … In software contracts, the limit of liability (LoL) almost always comes with exceptions. One of the most common
This week’s musings on tech contracts … IT contracts often include data in the definition of “Confidential Information.” In other words, they use the confidentiality
This week’s musings on tech contracts … Here’s a proposition: we should NOT seek shorter or simpler contracts where those goals contradict our higher priority:
The very public argument between CrowdStrike and Delta Air Lines offers a window into a topic few understand: the exclusion of consequential damages in typical
Watch this video for some encouraging (and non-typical) thoughts about our future jobs, from David Tollen. And if you’d like hone these very skills, our
The parties to IT contracts generally agree that the limit of liability (LoL) won’t apply to indemnities. After all, if one party takes responsibility for
IT indemnities almost always address third party claims. That generates confusion, and contract-drafters often don’t even realize they misunderstand. Most clauses address the relationship between
I think it’s a mistake to indemnify against claims resulting from indemnitor negligence or other wrongdoing. Indemnities against 3rd party claims usually specify the claims