Drafting and Negotiating Technology Contracts, and a Comprehensive Guide to the Key Elements of a Contract

Preston Coughlin
Preston Coughlin
Polsinelli Law Firm

Preston Coughlin is an attorney with Polsinelli, where he structures and negotiates technology licenses, commercial contracts, and general business transactions.

Josh Andrews
Josh Andrews
Gatehouse Law

Josh Andrews is the managing partner of Gatehouse Law where he focuses his practice on the legal needs of entrepreneurs, business law, and complex transactions.

On-Demand: June 28, 2024

2.5 hour CLE

Tuition: $245.00
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Program Summary

Session I – Mastering Technology Contracts: Key considerations for drafting – Preston Coughlin

This session provides practical guidance on how to draft and negotiate technology contracts, including software-as-a-service contracts and on-premise software licenses. Focusing on the key provisions, this session will help you negotiate the complicated issues that arise in technology contracts and advise you on how to drive contract negotiations to closure. Real-world examples and the latest trends will be discussed as part of this program.

Key Topics:

• Prime Clauses and Restrictions
• Pricing
• Term and Termination
• Representations and Warranties & Service Level Agreements

Session II – Comprehensive Contract Essentials: A guide to key elements – Josh Andrews

The contract encompasses crucial elements including a comprehensive overview, delineating services, technical specifications, and acceptance criteria. It outlines confidentiality and addresses ownership, and security obligations concerning data. Additionally, it includes provisions for indemnification, limiting liability, representations, warranties, maintenance, support obligations, and stipulates the duration and conditions for termination.

Key Topics:

• Confidentiality and Data Security
• Intellectual Property Rights
• Risk Allocation
• Miscellaneous/Boilerplate

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Preston Coughlin_FedBarPreston Coughlin | Polsinelli Law Firm

Preston Coughlin is an attorney with Polsinelli, where he structures and negotiates technology licenses, commercial contracts, and general business transactions. As outside counsel to a variety of startups and large established companies (including a large hospital system), Mr. Coughlin routinely drafts and negotiates technology contracts, including contracts worth millions of dollars. In particular, Mr. Coughlin has considerable experience in representing (and negotiating against) large publicly traded cloud providers.

 

Josh Andrews_ Gatehouse Law_FedBarJosh Andrews | Gatehouse Law

Josh Andrews is the managing partner of Gatehouse Law where he focuses his practice on the legal needs of entrepreneurs, business law, and complex transactions, such as business formations; business transactions; raising capital for businesses; complex business negotiations; national and international intellectual property management, property disputes and expansion of business; mergers and acquisitions; and preventative law business consulting.

Mr. Andrews is admitted to practice in Alabama and Georgia. He is a member of the Alabama State Bar and the State Bar of Georgia. Mr. Andrews earned his B.A. degree from Birmingham-Southern College and his J.D. degree from Cumberland School of Law.

Agenda

Session I – Mastering Technology Contracts: Key considerations for drafting | 11:00am – 12:00pm

• Prime Clauses and Restrictions | 11:00am – 11:15am

o Cloud Services
o Software Licenses
o Professional Services

• Pricing | 11:15am – 11:30am

• Term and Termination | 11:30am – 11:45am

• Representations and Warranties & Service Level Agreements | 11:45am – 12:00pm

Break | 12:00pm – 12:10pm

Session II – Comprehensive Contract Essentials: A guide to key elements | 12:10pm – 1:50pm

• Confidentiality and Data Security | 12:10pm – 12:25pm

• Intellectual Property Rights | 12:25pm – 12:40pm

• Risk Allocation | 12:40pm – 1:10pm

o Indemnification
o IP Remedies
o Limitation of Liability
o Insurance

Break | 1:10pm – 1:20pm

• Miscellaneous/Boilerplate | 1:20pm – 1:50pm

Credits

Alaska

Approved for CLE Credits
2.5 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2.5 General

Arkansas

Approved for CLE Credits
2.5 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2.5 General

California

Approved for CLE Credits
2.5 General

Colorado

Pending CLE Approval
2.5 General

Connecticut

Approved for CLE Credits
2.5 General

District of Columbia

No MCLE Required
2.5 General Hours

Delaware

Pending CLE Approval
2.5 General

Florida

Reciprocity
3 General Hours

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2.5 General

Hawaii

Approved for CLE Credits
2.5 General

Iowa

Pending CLE Approval
2.5 General

Idaho

Pending CLE Approval
2.5 General

Illinois

Approved for Self-Study Credits
2.5 General

Indiana

Approved for Self-Study Credits
2.5 General

Kansas

Pending CLE Approval
2.5 General

Kentucky

Pending CLE Approval
2.5 General

Louisiana

Pending CLE Approval
2.5 General

Massachusetts

No MCLE Required
2.5 General Hours

Maryland

No MCLE Required
2.5 General Hours

Maine

Pending CLE Approval
2.5 General

Michigan

No MCLE Required
2.5 General Hours

Minnesota

Approved for Self-Study Credits
2.5 General

Missouri

Approved for CLE Credits
2.8 General

Mississippi

Pending CLE Approval
2.5 General

Montana

Pending CLE Approval
2.5 General

North Carolina

Pending CLE Approval
2.5 General

North Dakota

Approved for CLE Credits
2.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2.5 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
150 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.8 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2.5 General

Nevada

Approved for Self-Study Credits
2.5 General

New York

Approved for CLE Credits
2.8 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2.5 General

Oklahoma

Pending CLE Approval
3 General

Oregon

Pending CLE Approval
2.5 General

Pennsylvania

Approved for Self-Study Credits
2.5 General

Rhode Island

Pending CLE Approval
3 General

South Carolina

Pending CLE Approval
2.5 General

South Dakota

No MCLE Required
2.5 General Hours

Tennessee

Approved for Self-Study Credits
2.5 General

Texas

Approved for CLE Credits
2.5 General

Utah

Pending CLE Approval
2.5 General

Virginia

Not Eligible
2.5 General Hours Hours

Vermont

Approved for CLE Credits
2.5 General

Washington

Approved via Attorney Submission
2.5 Law and Legal Hours

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
3 General

West Virginia

Pending CLE Approval
2.5 General

Wyoming

Pending CLE Approval
2.5 General

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