How to Structure Vendor Data Processing Addendums for Easy Adoption
The key to streamlining vendor DPA negotiations is having a standardized template that addresses common concerns while offering some flexibility.
Developing a Pricing Model, Not Just Establishing a Price
A good pricing model enables the parties to adjust underlying pricing assumptions as objectives, costs and shifts in consumption, changes the value being exchanged between the parties.
Six IP Considerations to Strengthen Your SaaS Agreements
Vague intellectual property (IP) definitions and weak clauses in SaaS agreements are a recipe for disaster.
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Resolving Conflicts with Alternative Dispute Resolution: Elevating Diplomacy in Business Contracts
Parties often underestimate the value of alternative dispute resolution clauses in contracts as a risk management tool.
Should Indemnity Obligations Be Capped or Uncapped?
Parties often push back on liability limits, but what is reasonable when it comes to capping indemnity obligations?
Converting a Traditional Software License Agreement to a SaaS Agreement: A Quick Reference Guide
By making these key adjustments, you can transform your traditional software license agreement into a robust SaaS contract.
Breaking Down the Differences: Professional Services vs. Software Licensing vs. SaaS Agreements
Understanding the key differences between these types of services will help you more accurately draft your business agreements and negotiate their terms to your advantage.
Diligence is the New Link in Supply Chain Agreements
Consider including due diligence clauses in supply chain contracts to mitigate the risk of disruptions and product liability.
Independent Contractor Agreements: 5 Contract Review Tips (Pro-Customer)
Uncover the secrets to creating robust independent contractor agreements with this guide on refining contract clauses, optimizing legal frameworks, and fostering fruitful professional relationships.
How to Draft Better Business Associate Agreements in Six Steps
Don’t get so focused on meeting regulatory requirements that you lose sight of how the BAA limits your remedies.
How to Draft Better SOW Requirements to Improve Contract Performance
Even though SOW requirements are usually drafted and approved by business folks, legal teams can add value.
Seven Tips to Draft a Balanced Contract that Speeds Up Deals
If you want to speed up deals, there’s one thing to keep in mind above all else: business contracts are not between you and the other lawyer.
Understanding Performance-Based Contracting Methods
Using fairly-negotiated and well-managed performance-based contracts can help your company adapt to changes in the supply chain and ensure supplier performance.
6 Critical Elements of Indemnification Clauses in Business Transactions
Strategically crafting indemnification clauses is critical for delineating and distributing the risks associated with business transactions.
How to Assess Common Insurance Requirements in Contracts
Best-in-class insurance requirements can be used to transfer contractual risk to downstream parties and reduce risk.
How to Draft an Arbitration Clause: 4 Key Considerations
A poorly drafted arbitration clause may lead to months of pre-merit disputes on matters of jurisdiction or, even worse, ending up in a place where the courts are hostile.
Construction Contract Drafting Mistakes and How to Avoid Them
A single contract drafting mistake can lead to negative profit margins, strained relationships, or even the administration of the construction company.
Order of Precedence Clauses & Alternatives
In long agreements with multiple drafters, an order of precedence clause can be used to ensure the intended interpretation of the contract.
Understanding Advancements in Autorenewal Laws
States are enacting autorenewal laws that businesses with consumer-facing autorenewal terms should be aware of.
How to Protect Your Company’s Assets Without Using Non-Compete Clauses
There are several ways to protect your interests in contractual agreements without using non-compete clauses.
How To Draft Payment Provisions (Pro-Customer)
Customers should consider drafting and negotiating payment provisions in their favor, including payment-related boilerplate clauses.
How to Draft and Review Recruiting Agreements with Headhunters
Recruiting agreements can be beneficial to hiring companies by reducing the risk of making a bad hire, managing recruitment costs with fixed or known fees, and streamlining the hiring process.
Best Practices for Drafting a Statement of Work (SOW) Template
Establishing a solid SOW template using best practices is a proven way for legal to effectively manage risk on the SOWs drafted by other business units.
Stick to the Core: 8 Essential Provisions of Non-Disclosure Agreements
Looking for a Standard NDA Template? Comparing Claustack vs. Bonterms NDAs
Having a standard NDA template is particularly valuable because there is a recurring need and only a few factors vary from case to case
Simplifying Cryptocurrency Payment Clauses
Understanding how to review payment clauses when a party is using cryptocurrency to pay for the deal.
Do’s and Don’ts of ESG Clauses From Both Sides
How to manage ESG risks and negotiate ESG clauses from the supplier and customer sides.
Should Customers Include Liquidated Damages Clauses?
How customers can incentivize vendor performance using liquidated damages clauses and other expert contract drafting tips.
Three Core Considerations in IP Licensing Agreements
Make sure to consider these three fundamental elements when drafting and reviewing IP licensing agreements.
An M&A Guide (For Those Who Barely Know What M&A Is)
This article summarizes the key stages of the M&A process and the key agreements involved, along with some tips and key issues.
Ten Tips for Writing Clear Contracts
Writing clear contracts leads to more understanding by readers, greater compliance by users, and less challenges in court.
Renewal Order Forms: Contract Review Tips
Here are some tips on how to review renewal order forms, which should be thoroughly reviewed just like any other contract.
Do’s and Don’ts of Drafting Force Majeure Clauses
Force majeure clauses should be clearly and strategically drafted based on your business needs.
Resolving Conflicts with Alternative Dispute Resolution: Elevating Diplomacy in Business Contracts
Should Indemnity Obligations Be Capped or Uncapped?
Converting a Traditional Software License Agreement to a SaaS Agreement: A Quick Reference Guide
Breaking Down the Differences: Professional Services vs. Software Licensing vs. SaaS Agreements
Diligence is the New Link in Supply Chain Agreements
Independent Contractor Agreements: 5 Contract Review Tips (Pro-Customer)
How to Draft Better Business Associate Agreements in Six Steps
How to Draft Better SOW Requirements to Improve Contract Performance
Seven Tips to Draft a Balanced Contract that Speeds Up Deals
Understanding Performance-Based Contracting Methods
6 Critical Elements of Indemnification Clauses in Business Transactions
How to Assess Common Insurance Requirements in Contracts
Six IP Considerations to Strengthen Your SaaS Agreements
Negotiating SaaS Agreements: 3 Critical Issues to Address
Converting a Traditional Software License Agreement to a SaaS Agreement: A Quick Reference Guide
Breaking Down the Differences: Professional Services vs. Software Licensing vs. SaaS Agreements
20 Questions to Ask When Reviewing Contracts with Generative AI Vendors
A Negotiation Playbook for SaaS Agreements: Preferred Terms for Vendors vs Customers
Payment Terms in SaaS Agreements
De-Identified Data in SaaS Agreements
Nine Financial Terms Every SaaS Negotiator Should Know
Legal Ethics and ChatGPT: Is OpenAI Listening to (Us)ers?
Common Negotiation Points in Technology Agreements
How to Draft and Negotiate Service Level Agreements
SaaS and Taxes: Is it Taxable Software or a Non-Taxable Service?
Key Legal and Business Considerations for SaaS Buyers
The SaaS Supplier’s Guide to Service Level Agreements
Important Provisions of API License Agreements
Cover Your SaaS! How to Prepare for SaaS Negotiations
The Secret to Negotiating a Non-Negotiable Service Level Agreement (SLA)
Six IP Considerations to Strengthen Your SaaS Agreements
Vague intellectual property (IP) definitions and weak clauses in SaaS agreements are a recipe for disaster.
Negotiating SaaS Agreements: 3 Critical Issues to Address
SaaS Negotiations require patience and attention to detail. With the right skill set and a clear understanding of your business needs, you can emerge from the negotiation process with a contract that drives significant value and savings.
Converting a Traditional Software License Agreement to a SaaS Agreement: A Quick Reference Guide
By making these key adjustments, you can transform your traditional software license agreement into a robust SaaS contract.
Breaking Down the Differences: Professional Services vs. Software Licensing vs. SaaS Agreements
Understanding the key differences between these types of services will help you more accurately draft your business agreements and negotiate their terms to your advantage.
20 Questions to Ask When Reviewing Contracts with Generative AI Vendors
Attorneys and contracts professionals should ask important questions to issue spot for generative AI components and assess the risk level.
A Negotiation Playbook for SaaS Agreements: Preferred Terms for Vendors vs Customers
Top 15 issues in SaaS agreement negotiations from the vendor side vs. the customer side.
Payment Terms in SaaS Agreements
The more certainty that a SaaS Agreement provides on payment terms, the less likely the parties will have disputes over payments.
De-Identified Data in SaaS Agreements
There is an increase in the significance of the right of a SaaS provider to “de-identify” or “anonymize” customer data in its SaaS solution.
Nine Financial Terms Every SaaS Negotiator Should Know
By having a strong grasp of finance aspects of SaaS agreements, you are helping the business win new customers and generate revenue quicker
Legal Ethics and ChatGPT: Is OpenAI Listening to (Us)ers?
An updated analysis of the legal and ethical issues implicated by the use of ChatGPT with contracting tasks such as contract drafting and negotiation.
Common Negotiation Points in Technology Agreements
Negotiating technology agreements is a delicate dance between maintaining your non-negotiable positions and being flexible where it benefits your objectives.
How to Draft and Negotiate Service Level Agreements
Negotiating service level agreements involves looking at five distinct pieces: service, expectation, failure, response, and remedy.
SaaS and Taxes: Is it Taxable Software or a Non-Taxable Service?
Taxes and tax implications hide in plain sight throughout SaaS contracts and should be reviewed by both vendors and customers more closely.
