Best Practices in Negotiating Software Contracts: Critical Considerations for Your Firm Explored!
As software strongly persists in being an integral tool to improve business functions, securing and negotiating software contracts has never been this crucial for companies of all sizes. Since several factors can affect the performance of the software, companies can optimize costs and mitigate risks by effectively negotiating their software contracts. It is also important for companies to keep themselves abreast with the recent trends and to have a clear understanding of the common pitfalls involved when negotiating software contracts to avoid serious legal consequences.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help the audience understand the important aspects and Best Practices in Negotiating Software Contracts. They will provide an in-depth discussion of the latest trends and critical issues with regards to this significant topic. Speakers will also offer best strategies in ensuring compliance with applicable laws.
Key issues that will be covered in this course are:
- Negotiating Software Contracts - An Overview
- Key Considerations and Challenges
- Potential Pitfalls and Risks
- Recent Trends and Developments
- Best Strategies in Negotiating Software Contracts
Tabitha Rainey, Founding and Managing Partner
Garcia Rainey Blank & Bowerbank LLP
- Software licensing can be daunting
- Simple approach – 5 questions to ask yourself and answer before you enter into the license
- What do you want the software to do?
- Customized development based on specification
- How do you want to pay for it?
- Fixed upfront fee
- Annual recurring fee
- How long and how many licenses?
- Perpetual or term license
- Unlimited use within your organization or fixed number of users
- What happens if it doesn’t work?
- Refund rights
- What happens when the license terminates or expires?
- Keep using it but no updates
- Access terminates
- Answer the questions and make sure you agree with how they are covered in the license agreement
Jeffrey Denman, Of Counsel
Symons Markwith LLP
- Shift towards cloud based software and SaaS licensing models
- Different licensing options and the benefits of each
- Issues/terms and conditions involved in allocating risk between the licensor and licensee
- Other license-related considerations (interoperability, implementation, support/maintenance)
Peter Su, Partner
Dentons US LLP
- Intellectual property issues in software licensing
- Trade secrets
- Examples in particular technologies
Who Should Attend:
- IP Attorneys & Related Consultants
- Software Developers
- Software Architects
- Software Engineers
- In-house Counsel
- Chief Information Officers
- Risk and Compliance Managers
- Software Licensing Professionals
- Software Asset Managers
- IT Asset Managers
- Other Related/Interested Professionals
Jeff represents small, emerging businesses as well as some of the world’s largest publicly traded software and technology companies. His services include legal advice and support with respect to a variety of licensing issues, including licensing negotiation and advice, SaaS (Software as a Service) and cloud-based agreements, and advice with product development, commercialization and go-to-market approach. Mr. Denman spent seven years as Senior Commercial Counsel with GE Healthcare’s Information Technology (HCIT) division, and was also an attorney with Arnold & Porter in Washington, DC and Los Angeles, CA and with Gardner, Carton & Douglas in Washington, DC. Jeff received his J.D. from UCLA School of Law.
Jeff represents small, emerging businesses as well as some of the world’s largest publicly traded software and technology companies. His …
Ms. Rainey has been a general business lawyer, specializing in joint ventures, contracts and technology development for over 12 years. She has represented a broad range of clients including manufacturers and distributors of consumer products such as cosmetics, fitness equipment and supplements, toys and games, pet products and electronics; hardware and software developers; and healthcare service providers that utilize complex technology (e.g. hospital systems, diagnostic imaging centers and pharmaceutical distributors).
In the past several years Ms. Rainey has broadened her expertise in international business by serving in the role of outside general counsel for middle market corporations whose operations span the globe. In this role, Ms. Rainey manages all legal needs for the business, including coordinating with counsel she selects and engages in Asia and Europe, advising the executives and directors regarding compliance issues, handling all legal contracts required by the business (such as nondisclosure agreements, supply and manufacturing agreements, warranties and disclaimers, indemnification and settlement agreements as well as technology development and licensing agreements), providing general guidance in connection with pre-litigation disputes and, if litigation ensues, overseeing litigation counsel throughout proceedings.
Ms. Rainey has been a general business lawyer, specializing in joint ventures, contracts and technology development for over 12 years. …
Peter Su is a partner in the Palo Alto office of Dentons. Pete is a Silicon Valley technology lawyer with a global vision in advising technology clients across different regions on intellectual property, technology transactions, and litigation for U.S., Asian and European clients. Ingrained in the Silicon Valley ecosystem for more than 15 years, he counsels startups and multinationals to protect, transact and litigate companies' intellectual property through patents, trade secrets, trademarks and copyrights.
Peter Su is a partner in the Palo Alto office of Dentons. Pete is a Silicon Valley technology lawyer with …
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Method of Presentation:
NASBA Field of Study:
Information Technology - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Symons Markwith LLP
Symons Markwith LLP focuses on providing transactional and corporate legal services.
We have successfully represented clients ranging from the world’s largest technology companies to sophisticated closely held businesses operating in a variety of industries.
We work side-by-side with our clients to:
- Close high-stakes, complex transactions;
- Manage legal risks;
- Form, fund and grow their businesses; and
- Implement effective corporate governance.
With offices in Newport Beach, Seattle, and Washington, DC, our attorneys apply their experience and work ethic to improve the outcomes of your business ventures.
About Garcia Rainey Blank & Bowerbank LLP
Certified by Supplier Clearinghouse as a women-owned law firm, Garcia Rainey Blank & Bowerbank (GRBB) was proudly founded in January 2013 by partners Norma García Guillén and Tabitha Rainey. GRBB is a full-service law firm comprised of 6 Partners and 6 Of Counsel who work tirelessly in a range of practice areas, including litigation, business transactions, sports law, labor and employment, family law and estate planning. The litigation team handles mediation, arbitration and complex cases in both federal and state court. The transactional team represents middle market and large corporations in a wide array of industries such as cosmetics, fitness equipment and supplements, restaurants, real estate and technology development. Throughout it all, the firm remains committed to diversity and unparalleled representation of its clients.
About Dentons US LLP
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries.