Train with Tech Contracts Academy, and enhance your contracting skills. Next month, we offer a webinar, Top Six Mistakes in Cloud Services Agreements, Including SaaS and AI, and a Tech Contracts Master... read more →
Generative AI raises five sets of issues not often found in IT contracts. So do other machine learning (ML) systems, particularly those trained on massive datasets. The issues are complex,... read more →
I used AI to generate the image below. (I wanted new wallpaper for my laptop, but this was a bit more sci-fi than I had in mind.) Take a close... read more →
This is the third and last in our series of posts about contracts for purchase and sale of AI. Click here for the first post in the series and here... read more →
This just in: The European Union adopted its "adequacy decision" for the European Union-U.S. Data Privacy Framework ("DPF"). The U.S. launched its process by which companies can "self-certify" to the... read more →
This is the second of a three-post issue-spotter about contracts related to artificial intelligence. Click here for the first of the series. Prompt: write software based... read more →
Don't miss your chance to enroll in our spring Master Class series. Our next Tech Contracts Master Class series begins on April 18th. Four online classes, two hours each, on Tuesdays (with... read more →
Don't miss your chance to register for Indemnities in Technology & Other Commercial Contracts. The webinar is on Tuesday, April 4th at 10:00 AM PT and runs for 90 minutes,... read more →
This Thursday, March 30, join David Tollen’s LinkedIn Live conversation about the 4 misunderstood types of tech deals: on-premise software, IT professional services, SaaS and other cloud services, and non-tech... read more →
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 bring confidence and expertise to... read more →
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. (Those terms imply that the... read more →
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 other cloud services, and non-tech... read more →
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 of this Agreement." It's nuclear... read more →
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 Technology & Other Commercial Contracts.... read more →
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 that will focus on indemnities... read more →
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 for you and your team.... read more →
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 online classes, taught by industry... read more →
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 catch up with the recordings... read more →
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, time zones, or missed a... read more →
Start the new year by building your skills - and add the Tech Contracts Master Classes™ Certificate of Completion to your resume. Team discounts and CA CLE available. Last chance... read more →
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 us, let's start the year... read more →
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 engage them. Start the new... read more →
[Things don't stand still in the world of data privacy. See our update about the EU Adequacy Decision and next steps: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/] There's been a notable development since our October... read more →
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 fresh tech contracting skills. And... read more →
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 the new year with fresh... read more →
Before you know it, 2023 will be here - invest just 8 hours over 3 weeks in January, and start the new year with fresh tech contracting skills. In 4... 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 contracts ranged from Tech Contracts... 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 continuing legal education (CLE) credit. ... 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 per class, 8 hours for... 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 from data protection. Type of... 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 per class, 8 hours for... read more →
[Things don't stand still in the world of data privacy. Check out our updates about the EU Adequacy Decision and next steps: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, and background here]. Is your head spinning... 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 per class, 8 hours for... 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 per class, 8 hours for... 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 can support either answer with... 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 are taught by industry expert... read more →
[Things don't stand still in the world of data privacy. Check out our updates about the EU Adequacy Decision and next steps: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, and background here - Third Time Lucky? Personal... 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 2022). Don't miss your chance... 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 survey, but in the absence... read more →
[Things don't stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems; Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are... read more →
[Things don't stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, and background here - The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal... 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 Q&A with David Tollen: Tech... 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 contracts. This issue-spotter serves both... 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) and original equipment manufacturer (OEM)... 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 →
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 October 20. What are the... 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 just 25 minutes ... and... 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 Master Classes™ (a 7 ½... 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 can limit your rights in... 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 to give 90 days' notice... 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 →
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 terms. The service provider promises... 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 →
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 it didn't know about when... 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 procedures used for everyone. That's... 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 fixing broken technology, as well... 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 the rest of our forms,... 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 software products or old-style services,... 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 Association. The presentation addresses how... read more →
[Things don't stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking:... 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 →
[Things don't stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your... 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 suggestion about the vendor's products... 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 privacy laws and other laws... 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 with little in common. Few... read more →
[Things don't stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/; Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are... read more →
[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 UK; The Clock is Ticking:... 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 Many tech contracts include terms like the following: "If Customer disputes an invoice in good faith, it may withhold the amount in dispute but shall pay... read more →
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, so it doesn't need a... read more →
CIO.com recently published an article by our founder, David Tollen. Please click here.
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, and click here for the... 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 here for the intro, which... 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, and click here for the... 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. Open source software is software... 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 their vendors' products. In most... 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? In short, no, it doesn't reliably work to tell... 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 AT DATA BREACH CONTRACT CLAUSES:... 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 →
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 these would mystified most lawyers... 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 →
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 five mistakes customers tend to... read more →
We've posted a new contract in the forms library -- and it's available to you in MS Word (no charge, as always). The new form is for professional services by... read more →
We've just updated all the clauses and contracts at TechContracts.com to address the Defense of Trade Secrets Act of 2016 (the "DTSA"). That includes the NDA's and the other contracts... read more →
[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 UK; The Clock is Ticking:... read more →
This article is a report I prepared for one of the parties in litigation outside the United States. I served as what American courts would call an expert witness. This... 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 →
[Things don't stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your... read more →
In an earlier post, I explained that the standard "feedback license" arises out of a misunderstanding of IP -- and generally asks too much from the would-be licensor. After some... read more →
Most IT contract drafters know the difference between a software license agreement and a technology services contract. In a license, the customer gets rights to copy and use software, while... read more →
When one party has to protect information belonging to the other, we tend to pull out a nondisclosure agreement: an NDA. Or if we don't want a separate NDA, we... read more →
