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Master Service Agreements (“MSA”) are contracts that control the general terms of the legal relationship in the business to business context. Typically, businesses with multi-year relationships attach Statements of Work (“SOW”) to an MSA to outline the individual terms of a business deal. The MSA contains provisions that are often seen but the implications of each obligation in a long-term relationship may not be well understood. It’s best to review these obligations -- confidentiality, intellectual property rights, non-compete, and non-solicit clauses, deliverables, warranties, support, indemnification, limitation of liability, insurance, privacy obligations, and termination rights -- before negotiations start.
Gain a general understanding of each of the common legal obligations
Evaluate the common legal obligations from the seller’s viewpoint
Analyze the common legal obligations from the buyer’s viewpoint
Review clauses with a middle-ground position
Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement. Copyrights and patents are an important part of a company’s strategy, and understanding when protection is likely (or not) to be granted is critical in the design process.
It was good content but presented very dull.