Painlessly Negotiating a SaaS Deal

(640 Ratings)

Produced on: May 03, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

Repeat after me – “The vendor’s form does not protect my interests. The vendor’s form never accurately reflects the deal. I am a quality leader and I therefore require agreements that reflect the understanding between the parties.”   

It takes leadership to create a culture where your company insists on clear understandings with its vendors and partners. A mature contracting process is a sometimes overlooked component in a bigger process whose goal is to ensure successful technology implementations. A company does not enter into contracts to set up lawsuits, but to prevent them. This course will cover legal issues as well as business and leadership skills, including specific contracting issues in the context of how this relates to successful projects. SaaS is still relatively new for most enterprises and it is a complete break from the old licensing model. SaaS deals raise many complex legal issues that need to be thoroughly negotiated.   

In this course, Mark Grossman, an accomplished technology lawyer and author, speaks to the unique customs, usages, and norms of SaaS deals, and the particular provisions that are critical to agreements in this area. The discussion includes issues common to SaaS agreements including intellectual property, warranties, and limitations of liability. 

 

Learning Objectives: 

I.     Identify key provisions that should be included in every SaaS contract

II.    Understand how limitation of liability clauses can weaken SaaS agreements 

III.   Decide how best to protect your data in the cloud 

IV.   Recognize how intellectual property provisions in SaaS agreements can be a trap for the unwary 

V.    Develop strategies to keep SaaS agreements out of court

VI.   Grasp how to negotiate cloud and SaaS agreements that communicate the deal in clear, simple, and unambiguous terms and reduce the likelihood of disputes

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

DS
David S.

He was fabulous. Great advice no matter what kind of contract you’re negotiating.

GM
Gerard M.

good lecture

MS
Marci S.

Great speaker -- among the best!

LS
Leonard S.

well presented on both technical and practical terms. Will utilize the services of Mr. Grossman if I need a practictioner in this area (and I have a client who will hopefully need this type of agreement.

JH
Joshua H.

Excellent presentation.

DB
Diane B.

Excellent instructor.

EJ
Elizabeth J.

Speaker was excellent

SK
Scott K.

Very practical and helpful! Thank you!

MW
MARIAN W.

Excellent course. Helpful tips.

DP
Diana P.

very good course

DW
Darlene W.

very informative

GS
Gilbert S.

Excellent presentation.

LS
Lois S.

As IT contracts counsel for a Fortune 100 enterprise, I can confirm that Mark Grossman is right, reasonable, and realistic. Follow his advice.

FM
Faith M.

Amazing CLE. Please, give us more from Mark Grossman.

MM
Maura M.

Excellent presentation, excellent speaker -- keep him coming back.

JT
J A T.

Super course with Mark Grossman.

AP
Ahaji P.

it was perfect, like a living spreadsheet.

ES
Evan S.

Terrific course

JC
Jennifer C.

Great class!

SS
Shantanu S.

Great course

TM
Thomas M.

This cleared up a lot of confusion. Thank you!

CC
Cecilia C.

Animated and engaging instructive style.

BW
Brad W.

Outstanding.

JW
Jeremy W.

Best course I have done. Mark was great!

CF
carmen f.

Informative and interesting.

MZ
Marjorie Z.

Excellent insights!

MH
Michael H.

Great course! Very informative, easy to follow, and engaging.

AC
Alan A.R. C.

Really good. I am an EE who is trying to get more into IT, so this was perfect for me.

EC
Emily C.

I found this CLE to be very helpful.

PM
paul m.

Great use of actual contract provisions -- much less abstract/academic than other CLE's and truly helpful!

RS
Robert S.

Great speaker. Great info; focused and relevant.

JF
Jeffrey F.

Excellent program full of practical examples - I will literally put this material to use today.

BH
Bill H.

Superb.

SG
Sean G.

One of the better professors you've had on this site. I love the real world examples and negotiation tips.

JW
Joyce W.

Highly recommend this program. Very informative and on point.

PL
Paul L.

Great presentation. Engaging presenter.

CC
Cynthia C.

Great overview.

JN
Joy N.

Very well presented!

CF
Charlick F.

excellent

LE
Lee E.

good course

CJ
Chris J.

Really enjoyed Me. Grossman's presentation. Very helpful.

EK
Edward K.

Very good, very practical. Will come in handy for something I will be working on soon.

ND
Nicholas D.

Incredible. Hands down the best webinar on Lawline I have seen to date: most informative materials, most engaging presentation in terms of clarity, cadence, humor, enunciation, and presentation flow. I do not usually profess accolades like this, but they are well deserved. Spend the money to bring as much material from him to your collection as you possibly can.

RC
ricky c.

Excellent course. Excellent panelist.

AW
Ashley W.

This instructor was GREAT. The material was incredibly helpful and relevant, and his presenting style was top notch. I even joined his mailing list! Thanks!

LC
Lacey C.

Best session to date!

PC
Peter C.

Mark Grossman is one of the best CLE presenters I've come across. I practice in the same area, and thought his presentation was fabulous.

CF
Carl F.

Mark Grossman is one of the few presenters that makes me think 4 stars is not enough.

TC
Todd C.

Very knowledgeable presenter. Excellent understanding of legal issues. Has useful application to SaaS as well as other commercial contracting. It is all private law after all.

PJ
Panky J.

best seminar so far . Thanks.

LC
Lyn C.

Great program, very practice oriented.

DB
Dan B.

Presenter was great. Topic was really interesting. Overall, great webcast!

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