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.

Top 6 Mistakes in SaaS, AI, and other Cloud Agreements

October 23, 2024

  • Misunderstanding fundamental cloud concepts
  • Mistakes in managing prompts, training data and outputs from generative AI
  • Confusing cloud subscriptions – including SaaS and AIaaS – with software licenses and professional services
  • Focusing on ownership of data instead of data control
  • Losing a good deal over data breach indemnities
  • Accepting SLAs with eyes closed

Data Terms in AI and Cloud Contracts

September 13, 2024

  • “Ownership” of data and the limited value of IP
  • Rights in prompts, training data, and outputs from machine learning, including generative AI
  • Data indemnities and the problems they raise
  • Promising privacy compliance, or not
  • And more…

Missed it? A recording on this topic is now available in our On-Demand library – with 12 month’s access.

IP Terms in Contracts about AI, the Cloud, and On-Premise Software: Licenses, Warranties, Open Source, and More

May 21, 2024

  • Typical software copyright license
  • The role of patents
  • Licensing (or the lack thereof) in SaaS/cloud
  • IP indemnities
  • IP warranties and other remedies
  • IP in prompts, training data, and outputs – and other troubles generated by artificial intelligence
  • Open source software

Missed it? A recording on this topic is now available in our On-Demand library – with 12 month’s access.

The Indeminar: Indemnities in Contracts About Software, the Cloud, and AI

April 16, 2024

  • 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

  • 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