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 of our trainings and in... 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 a mistake. If you're the... 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 companies worry that the state... 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 typically found in information technology... 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 like we're not out of... 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 of my book, The Tech... 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 control: whether a party can... 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 excuses performance. So heed the... 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 contract automatically renews. But the... 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 any contract executed or even... 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 also has disaster recovery and... 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, calendaring, timenotes, legal research, and... 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 a customer's primary contract for... read more →
Managing and sharing big data creates technical challenges unlike anything found in traditional data-sharing relationships. But big data contracts don’t involve a whole new field of legal knowledge. If you’ve... read more →
In a recent IT contract negotiation, the other party's lawyer insisted that the choice of law clause call for Delaware law and courts. His client wasn't based in Delaware and... read more →
