Past Live Webinars
Missed out? Some of our past webinars are also available as recorded On-Demand programs.
Just click the ‘On-Demand’ button where you see it below.
The Indeminar: Indemnities in Contracts About Software, the Cloud, and AI
April 16, 2024
Topics Covered
- The difference between “first party” and “third party” indemnities
- Important vocabulary, like “hold harmless,” and “mutual” indemnities
- Intellectual property (IP) indemnities, including troubling issues related to IP in artificial intelligence contracts
- Data incident indemnities
- Advanced indemnities: The “Cause Problem” – little-known, thorny issues involving losses the indemnitor caused
- Interplay with limit of liability
Top 7 Worries for Customers in Contracts about Software, AI, and other IT
March 12, 2024
Topics Covered
- Negotiating SLA terms and specifications
- The limit of liability and its many exceptions
- Indemnification – what matters and what doesn’t
- Privacy terms and the separate question of privacy compliance
- And more…
Artificial Intelligence Contracts: Drafting and Negotiating
February 13, 2024
- Rights to training data, prompts, and outputs, particularly in generative AI
- Special IP risks and their impact on indemnities, warranties, and more
- Privacy compliance terms
- Terms on hallucination, defamation, and other third party risks
- AI’s role as SaaS … or not
- And more …
Missed it? A recording on this topic is now available in our On-Demand library – with 12 month’s access.
AI in the Legal and Contracting Professions: Today and Tomorrow
November 30, 2023
- How past technology change has destroyed and created jobs and what it says about our future
- Current AI tools on the market
- The strengths and limits or AI in the legal world
- Changes in the legal industry working alongside AI: lawyers’ monopoly (UPL), open source contracts, etc.
- And more …
Key Liability Terms in Contracts about AI, the Cloud, and other Software: Warranty, Indemnity, Limit of Liability, and More
October 12, 2023
- Warranties
- Limits of liability
- Indemnities
- Vendor liability for 3rd parties
- Liquidated damages
Missed it? A recording on this topic is now available in our On-Demand library – with 12 month’s access.
Top 6 Mistakes in Cloud Services Agreements, Including SaaS and AI
September 12, 2023
- Misunderstanding fundamental cloud and AI computing concepts
- Confusing cloud/SaaS and AI subscriptions with software licenses or professional services
- Focusing on ownership of data in an artificial intelligence or cloud system, instead of data control
- Losing a good deal over data breach indemnities
- Doing SaaS escrows wrong
- Accepting SLAs with eyes closed
Missed it? A recording on this topic is now available in our On-Demand library – with 12 month’s access.
Artificial Intelligence Contracts: Drafting and Negotiating
July 13, 2023
- Rights to training data, prompts, and outputs
- Special IP risks and their impact on indemnities, warranties, and more
- Privacy compliance terms
- Terms on hallucination, defamation, and other third party risks
- AI’s role as SaaS … or not
- And more …
Missed it? A recording on this topic is now available in our On-Demand library – with 12 month’s access.
Indemnities in Technology & Other Commercial Contracts
April 4, 2023 | 1.5 hours
- The often-misunderstood impact of limiting indemnities to third-party claims
- Intellectual property (IP) indemnities
- Data incident indemnities
- Personal Injury indemnities
- Other indemnities
- Making the indemnity “mutual”
- Advanced indemnities: when wrongdoing triggers indemnification
- Interplay with limitation of liability
Taken our Key Liability Terms: Including Indemnities, Warranties, and Limits of Liability Tech Contracts Master Class? This webinar will address some familiar topics – but in greater detail. And the webinar adds new material. All-in, the webinar offers about twice the time to indemnities, compared with that available during the Master Class.
IT Professional Services Contracts
November 17, 2022
- Distinguishing professional and cloud services
- Drafting SoW service descriptions
- Delivery, Acceptance, and Milestones
- Professional services indemnities
- Nonsolicits and noncompetes
The Indeminar
September 22, 2022 | 1.5 hours
- The “Cause Problem”: little-known, thorny issues in indemnities involving losses the indemnitor caused (e.g., data indemnities)
- Typical and troubling exceptions to IP indemnities;
- Advantages and pitfalls of indemnities “arising out of,” “related to, and “alleging” losses
- The difference between indemnities covering the indemnified party’s losses and those covering 3rd party claims
Key Liability Terms in Tech Contracts
July 26, 2022
- Warranties
- Limits of liability
- Indemnities
- Liquidated damages
- Vendor liability for 3rd parties
Top 6 Mistakes in Cloud Computing Contracts
June 15, 2022
- Misunderstanding fundamental cloud computing concepts
- Confusing cloud/SaaS subscriptions with software licenses or professional services
- Focusing on data ownership instead of data control
- Losing a good deal over data breach indemnities
- Doing SaaS escrows wrong
- Accepting SLAs with eyes closed
Data Privacy Terms in Tech Contracts
April 19, 2022
- Contract terms required for certain transactions (for example, under the California Consumer Privacy Act/CCPA; General Data Protection Regulation/GDPR – 2021 standard contractual clauses/SCCs)
- Contract terms to consider even if not required by law for your transaction
Co-presented by David Tollen and Kathy O’Sullivan, CIPP/US
Top 10 Worries for Vendors in IT Contracts: Getting the Terms You Need, Even From Big Customers
December 7, 2021
- What to do with customer paper (form contracts)
- SoW drafting: scope-creep, and task/outcome-driven drafting
- Amending online contracts, the right way
- Negotiating SLA terms
- The many exceptions to the limit of liability
- Indemnification — for everything
- The nightmare behind certain indemnities
- And more …
IP Terms in Tech Contracts: Licenses, Warranties, Open Source, and More
November 9, 2021
- Typical software copyright license
- The role of patents
- Licensing (or the lack thereof) in SaaS/cloud
- IP indemnities
- IP warranties and other remedies
- Feedback rights
- Open source software
Key Liability Terms in IT Contracts
October 20, 2021
- Warranties
- Limits of liability
- Indemnities
- Vendor liability for 3rd parties
- Liquidated damages
The Indeminar
September 14, 2021
- The “Cause Problem”: little-known, thorny issues in indemnities involving losses the indemnitor caused (e.g., data indemnities)
- Typical and troubling exceptions to IP indemnities;
- Advantages and pitfalls of indemnities “arising out of,” “related to, and “alleging” losses
- The difference between indemnities covering the indemnified party’s losses and those covering 3rd party claims
Top 6 Mistakes in Cloud Computing Contracts
July 8, 2021
- Misunderstanding fundamental cloud computing concepts
- Confusing cloud/SaaS subscriptions with software licenses or professional services
- Focusing on data ownership instead of data control
- Losing a good deal over data breach indemnities
- Doing SaaS escrows wrong
- Accepting SLAs with eyes closed
IT Professional Services Contracts: Typical Terms and Mistakes in Contracts for Implementation, Customization, Cloud Migration, Programming, and More
June 8, 2021
- Distinguishing professional and cloud services
- Drafting SoW service descriptions
- Delivery, Acceptance, and Milestones
- Maintenance during implementation
- Data and confidentiality terms
- Professional services indemnities
- Nonsolicits and noncompetes
Payment Terms in IT Contracts: Get Paid, Don’t Overpay, and Avoid Common Mistakes
May 6, 2021
- Milestones, acceptance, and rejection
- Start dates of maintenance and other payment requirements
- Separating payments into multiple streams
- Payment disputes
- Distributors’ fees
Key Liability Terms in IT Contracts
March 31, 2021
- Warranties
- Limits of liability
- Indemnities
- Vendor liability for 3rd parties
- Liquidated damages
IP Terms in Tech Contracts: Licenses, Warranties, Open Source, and More
February 18, 2021
- Typical software copyright license
- The role of patents
- Licensing (or the lack thereof) in SaaS/cloud
- IP indemnities
- IP warranties and other remedies
- Feedback rights
- Open source software
The Indeminar
December 3, 2020
- The “Cause Problem”: little-known, thorny issues in indemnities involving losses the indemnitor caused (e.g., data indemnities)
- Typical and troubling exceptions to IP indemnities
- Advantages and pitfalls of indemnities “arising out of,” “related to, and “alleging” losses
- The difference between indemnities covering the indemnified party’s losses and those covering 3rd party claims
Top Six Mistakes in Cloud Computing Contracts
October 20, 2020
- Misunderstanding fundamental cloud computing concepts
- Confusing cloud/SaaS subscriptions with software licenses or professional services
- Focusing on data ownership instead of data control
- Losing a good deal over data breach indemnities
- Doing SaaS escrows wrong
- Accepting SLAs with eyes closed