Negotiating Technology, Software Licensing and Cloud Deals

(286 Ratings)

Produced on: September 29, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Advanced

Large enterprises and even the Global 100 are becoming increasingly comfortable with SaaS solutions but software licensing continues. From a negotiation and contraction, you must be mindful of the differences. In this session, technology lawyer, negotiator, author and frequent speaker on negotiating technology deals Mark Grossman gives you the benefit of what he learned in his 30 plus years as a negotiator. In this session Mark speaks to the unique customs, usages, and norms of technology deals, and the particular provisions that are critical to agreements in this area.   

Points to be covered include the following: 

  • Key provisions that should be included in every technology contract

  • How limitation of liability clauses can emasculate technology agreements

  • How to protect your data in the cloud

  • How intellectual property provisions in technology agreements can be a trap for the unwary

  • Strategies to keep technology agreements out of court

  • Negotiating technology agreements that communicate the deal in clear, simple and unambiguous terms, reducing risk to the enterprise


Learning Objectives: 

  1. Grasp why provisions including, but not limited to, data security, privacy, IT security, transition services, and service levels must be in every technology contract
  2. Understand how liability caps and carve outs can emasculate or improve your agreements
  3. Explicitly state who owns the data and how it is returned to its owner upon termination of the agreement
  4. Identify how offshore your service provider’s offshore service and data storage facilities can complicate your agreement
  5. Restrict or eliminate your service provider’s ability to terminate the agreement if the services are core to your business


Faculty

Mark Grossman

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Mark Grossman is a 28-year business lawyer who began focusing his practice on technology over 20 years ago.  This makes him an old-timer in a new practice area.  He is also an author and frequent speaker on technology, outsourcing, and the art and science of negotiating deals.  Mark's "TechLaw" column is published by "CIO Magazine."

Mark is AV-rated by Martindale-Hubbell, the highest level attainable, and was a member of the Florida Bar's Computer Law Committee.  Further, his peers chose Mark to appear in the last several editions of The Best Lawyers in America.  Since Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor.  Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

A 1982 cum laude graduate of Georgetown University Law Center in Washington, D.C., Mark started in the big-firm world working on large corporate deals.  Then he had his own firm for many years until one of Florida's larger law firms courted him in 1997.  They asked him to start and lead their technology practice, which he did until 2005.

Mark started his career as a business lawyer gaining experience as a negotiator and litigator, but then began to focus his practice on technology, outsourcing, telecommunications, licensing, and custom development deals.  Working on such deals led to experience with non-disclosure agreements, software audit disputes, computer use policies, the Internet, privacy policies, online contracts, e-commerce, document destruction policies, intellectual property, employment agreements, electronic discovery, and issues unique to start-ups.

Mark also has extensive experience as a litigator.  Although he no longer litigates, Mark uses his experience as a litigator when he is negotiating dispute settlements. 

Mark's clients have ranged from clients selling technology-related goods and services who needed a lawyer who understood their industry, to working with clients on the buying side of a transaction.  On that side, his clients have included banks, insurance companies, and medium and large sized businesses in many diverse industries.  Mark's clients have ranged from startups to Fortune 100 companies.

Mark's technology clients all share the need for a lawyer with meaningful experience in technology law.  In many cases, his clients are spending large amounts of money buying complex technologies and need to hire an attorney to insure that they have a meaningful contract.

In 1996, Mark started writing about technology law just as technology and the Internet were exploding and the dot com bubble started.  He began his writing career with PC World Magazine.  In 1997, he created his weekly "CyberLaw" column in South Florida's "Daily Business Review."  In 2000, he renamed his column "TechLaw" and moved it to the Miami Herald where the column ran for many years. 

Since the mid-1990's, Mark has spoken to hundreds of groups domestically and internationally including multiple appearances at Georgetown University Law Center's Advanced Computer Law Institute, COMDEX in Las Vegas, and seminars offered by the American Corporate Counsel Association.  He has also been a guest on many television and radio shows including ABC's "Nightline."

Mark authored the book Technology Law - What Every Business (and Business-Minded Person) Needs to Know, and released a revised edition in 2009.

Mark has written for Washington's "Legal Times," the "Texas Lawyer," "The Recorder of San Francisco," the "University of Texas School of Law Review of Litigation," and the Florida Bar's "Computer Law Journal."  He also co-authored a chapter called "Web Development Agreements" in the American Bar Association's book titled Internet Law for the Business Lawyer.

Currently, he is a member of the Board of Directors of the South Florida Technology Alliance, the Advisory Board of BNA's Electronic Commerce & Law Newsletter, and the Board of Editors of "Internet Law and Strategy," a publication of Law Journal Newsletters. 

Mark has served as Special Counsel for Technology for the X-Prize Foundation, a subject matter expert for the State of Florida's Internet Task Force, a member of the Board of Directors of the InternetCoast, General Counsel for the South Florida Interactive Marketing Association, and a member of the Board of Trustees of the Coral Gables Museum.  He was a member of the Board of Advisors for the Global Sourcing Forum from 2007 to 2010. 

In 1998, Mark was one of three co-founders of the software company Eisenworld, Inc., which Microsoft acquired in 2006.  Microsoft incorporated Eisenworld's "PC Relocator" software into Microsoft's Windows operating systems.

Mark received his B.A., with high honors, in 1979 from Stony Brook University.  He is a member of the New York and Florida Bars.

Reviews

NO
Neil O.

Excellent presentation.

DK
Daniel K.

excellent material!

JJ
James J.

Great informative program

SO
Stephanie O.

More in depth analysis of provisions than most similar courses. Excellent.

JK
Jacqueline K.

One of the best presentations I have watched - very concrete examples.

AK
Alexandria K.

I don't think a course gets better than this course. I am buying Mr. Grossman's book and signing up for his newsletter. Thank you!

MB
Matthew B.

This was an excellently delivered program!

BW
Brad W.

Superb presentation. Best I've seen.

JH
Jesse H.

Best course I took this year!

JH
Justinian H.

Great one. Thanks. Mark clearly enjoys his practice.

JC
Jennifer C.

Best CLE I have ever taken - great information, interesting, informative, practical.

IG
Ivy G.

This program was incredibly good! It's exactly what I was looking for. It was so helpful that I expect that I will go back and re-watch it and use the materials regularly. Thank you!

JR
John R.

Mark is a top shelf presenter. This was the most engaging and practical session I've seen yet on Lawline. Thank you.

TW
Thomas W.

Excellent.

MJ
Michelle J.

This was such an informative course on an area I have wanted to learn more about in awhile. Some of his contract negotiation points I found helpful for contract negotiation in general.

RC
Renee C.

Excellent.

MV
Marshall V.

Many great, non-obvious points. were made

JN
J N.

This was exceptional - great speaker and great content. Extremely practical.

MH
May H.

An excellent speaker, and quite frankly, the best video CLE I have seen. Engaging, informative and I have left with more confidence in knowing how to advise my company.

SJ
Shirazi J.

informative

PC
Peter C.

Great presentation. I practice in the area, and he is my favorite Lawline presenter. Extremely knowledgeable, clear, concise.

GK
George K.

I very much enjoyed Mr. Grossman's presentation. He had a superior delivery style, very conversational, and his knowledge was very apparent.

BP
Brooks P.

Great overview of essential issues to address in License/SaaS Agreements.

AG
Avnish G.

A great presentation!

LC
Lyn C.

Speaker was very engaging.

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