SaaS Agreements: Top Pitfalls


CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

In this webinar, you will learn about the top pitfalls in software-as-a-service (“SaaS”) agreements and how to effectively negotiate the key provisions in a SaaS agreement to protect your client’s interests. Upon completion of this webinar, you will receive practical practice tips to negotiate and draft terms that clearly define the rights, remedies, and obligations of the SaaS vendor and the customer.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Evaluating the risks of a SaaS solution and lack of customer control
•   Contractual mechanisms to ensure service availability
•   Data issues in SaaS agreements and how to ensure data is adequately protected

Date / Time: October 15, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: February 14, 2019

Derek Schaffner, Esq. is Special Counsel in the Technology Transactions & Outsourcing practice group with Foley & Lardner LLP. Mr. Schaffner advises clients regarding legal and business issues associated with complex technology transactions and outsourcing engagements from the bid stage through contract execution, with a focus on cloud computing, data privacy, information technology sourcing, application development and maintenance, software and systems implementation, business process transactions, and licensing.

Prior to practicing law, Mr. Schaffner held senior management positions at Microsoft, Xerox, and Accenture.

Mr. Schaffner earned his law degree from Cornell University, where he served as the editor-in-chief for The Legal Information Institute ( and the Internet editor for the Cornell Journal of Law and Public Policy. Mr. Schaffner also received a Master of Science in information technology from the University of Rochester.

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    Live Video Broadcasts

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    “Live” Re-Broadcasts

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Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

Section I. Licensing vs. SaaS

Section II. Benefits and Risks of SaaS Solutions

Section III. Structure of SaaS Agreements and the Role of External Documents

Section IV. Essential Terms of SaaS Agreements
a) Service Availability
b) Data Issues
c) Fees
d) Termination Rights
e) Indemnification
f) Limitation of Liability

Section V. Pre-Agreement Due Diligence

Section VI. Negotiation Strategy