KEY TAKEAWAYS: Review exclusions from liability caps embedded in other provisions such as those often found in confidentiality sections that often have other obligations such as those on data security…
KEY TAKEAWAYS: Review exclusions from liability caps embedded in other provisions such as those often found in confidentiality sections that often have other obligations such as those on data security…
Key Takeaways: Terms of Use agreements present a significant opportunity for contract and legal design, enhancing user trust while ensuring legal protection. Consider a redesign during major business shifts, based…
Key Takeaways: Focus on contracts being business tools, instead of legal niceties. Collaborate with your clients to ensure your contracts are a framework for success rather than focused on the…
Key Takeaways: Negotiating termination clauses upfront provides flexibility and a clear process for exiting the contract helping prevent potential disputes and complications. Ensuring a clear understanding of specific rights and…
Key Takeaways: Standardized DPAs allow you to streamline their operational processes, as there’s no need to adjust systems and procedures to meet the differing requirements of customized DPAs. Monitoring and…
Key Takeaways: Customers should shift to a pricing model when the work is more complex, variable in nature, and can create more value. A pricing model includes various pricing mechanisms…
Key Takeaways: Negotiate liability limitations to safeguard your business from excessive financial exposure. Insist on comprehensive data protection measures, including prompt breach notifications, end-to-end encryption, and clear definitions of de-identified…
Key Takeaways: Humour has a place in contract design. It has some profound benefits. It is not unheard of. In fact, it is a bit of a trend. There is…
Key Takeaways: Focus on Access: SaaS contracts should speak about granting a “right to access” the software hosted by the provider, rather than a right to install and use a…
Key Takeaways: Your needs will change depending on whether you’re contracting for performance or project-based work, software licensing, or software-as-a-service. Using different services agreement templates allow for nuanced and detailed…
Key Takeaways: Hotel event agreements can seem like low-risk arrangements, but they can have severe financial consequences if they are not negotiated correctly. The top three most important clauses to…
Key Takeaways: Due diligence is an increasingly important aspect of supply chain risk management and business relationships. Due diligence clauses in transactional contracts can mitigate risk throughout the supply chain.…
Key Takeaways: By carefully choosing the right unit of measurement and target, the parties can collect contract data that drives future performance. Metrics, especially those tied to incentives and liquidated…
Key Takeaways: Find a common connection between you and the other party to help break down barriers that hinder collaboration. Take the time to understand the underlying motivations of the…