Managing SaaS Agreements: Risk Management and Best Practices
There is little doubt that the shift from local to remotely hosted cloud software applications is progressing rapidly in many industries. Keeping costly IT infrastructure continues to decline as SaaS subscriptions are adopted. A recent study finds that Software-as-a-Service (SaaS) is already heavily used in many industries. Even those that are slow to adopt advanced technology, such as the insurance industry, have adopted SaaS. At least 25 percent of all insurance companies use SaaS.
Yet, it's crucial for consumers to take into consideration the advantages, risks, and liabilities associated with SaaS agreements.
SaaS adoption reduces the customer’s need for dedicated, internal IT resources, personnel, and hardware. Usually, there is an annual subscription. SaaS is more easily and rapidly deployed and configured with lower cost, no maintenance, and optional scalability. There is an assumption of increased data security and information privacy.
However, if the Internet access is compromised or the hosted application is not available, business operations can be significantly impaired. Bankruptcy or insolvency of the cloud provider can prove to be a disaster even if there is a disaster recovery plan. Failure of the host to compliance with increasingly stringent data security and privacy regulations and breach notification can result in legal actions.
The risks and liabilities point to the importance of having a carefully reviewed contractual agreement with a SaaS provider. Due diligence and legal review of the agreement will help to reduce the complications, costs, and regulatory liabilities such as SaaS failure and cloud provider problems or bankruptcy.
In this two-hour, LIVE Webcast, hosted by The Knowledge Group, our panel of key thought leaders and practitioners will discuss the advantages and disadvantages of adopting SaaS. This interactive course will help company executives, counsel, and IT managers understand the importance of developing and managing SaaS agreements. Speakers will also help firms better understand how to identify pitfalls and mitigate risks.
Key issues that will be covered in this course are:
- Introduction to SaaS Agreements
- Service provider drafting side
- Background section between old style copyright license agreements and how that's changed
- Distinguishing between core contract terms and terms and conditions of use
- Drafting and customer side
- Data Privacy and Security Compliance
- Review of a few major cases involving the enforceability of online terms and conditions
- Best practices for clickwrap agreements
- Best practices for browsewrap agreements
- Best practices for record keeping and online legal agreements
Michael G. Platner, Partner
Lewis Brisbois Bisgaard & Smith LLP
- Introductory segment
Joshua S. Hodas, Partner
Lewis Brisbois Bisgaard & Smith LLP
- Service provider drafting side
- Background section between old style copyright license agreements and how that’s changed.
- Distinguishing between core contract terms and terms and conditions of use.
David Schnurr, Partner
Miller Thomson LLP
- Drafting and customer side
Larry Schultis, Founding Partner
Schultis Law Group PLLC
- Data Privacy and Security Compliance
Brian Powers, Founder/CEO
- Review of a few major cases involving the enforceability of online terms and conditions.
- Best practices for clickwrap agreements.
- Best practices for browsewrap agreements.
- Best practices for record keeping and online legal agreements.
Who Should Attend:
- Privacy Law Attorneys
- Chief Compliance Officers
- Cloud Computing and Related Areas
- Risk and Compliance Managers
- IT lawyers
- Technology Attorneys
- IP Attorneys & Consultants
- Chief Information Officers
- Business Owners
- Other Related/Interested Professionals
Michael Platner is a partner at Lewis Brisbois Bisgaard & Smith LLP, in Fort Lauderdale, Florida, and serves as Chair of the firm's National Corporate Practice Group and Co-Chair of the firm’s Business Practices . His varied commercial and business practice focuses on assisting companies and their owners build value and manage risk. His specific industry experience includes software, e-business, manufacturing, restaurant/hotel management and operating agreements, computer systems acquisition and internet strategies, private equity, venture capital, corporate finance and Mergers & Acquisitions.
Michael has founded or has been an early-stage investor in several businesses, particularly in software, internet infrastructure, and cloud computing. He believes that a transactional lawyer adds the most value and can suggest the most creative strategies and alternatives when he fully understands the business strategy and the “deal.” Michael also manages litigation matters strategically to best achieve the ultimate business goals while considering financial statement impacts.
Michael is regularly engaged to speak on topics ranging from how to avoid suboptimal relationships while growing a company and positioning M and A transactions for maximum value, to what you need to know when contracting for cloud computing. He is also an author of Business Due Diligence Strategies, Leading Lawyers on Conducting Due Diligence on Today's M and A Deals (Aspatore/Thompson Reuters).
Michael Platner is a partner at Lewis Brisbois Bisgaard & Smith LLP, in Fort Lauderdale, Florida, and serves as Chair …
Josh Hodas is a partner in the Intellectual Property department in the Los Angeles office of Lewis Brisbois Bisgaard & Smith. His practice focuses on copyright, patent and trademark advising and litigation, breach of contract and negligence litigation arising from software and hardware development, implementation and support contracts, start-up business formation, and drafting of development contracts, software licenses, SaaS subscription agreements, privacy policies and the like.
He has been involved in the computer industry since 1978 when he used his bar mitzvah money to purchase Apple II serial # 3318, and he worked on and off as a developer and consultant for 15 years until he obtained his Ph.D. in Computer Science from the University of Pennsylvania.
Prior to becoming a lawyer, he was a tenured associate professor of Computer Science at Harvey Mudd College and Director of that department’s “clinic” program of industry-funded development projects.
Josh Hodas is a partner in the Intellectual Property department in the Los Angeles office of Lewis Brisbois Bisgaard & …
Brian Powers founded PactSafe in 2013 and currently serves as its President and CEO. Powers is a licensed attorney, and prior to PactSafe, focused his law practice on representing technology businesses in their start-up and growth phases.
Brian Powers founded PactSafe in 2013 and currently serves as its President and CEO. Powers is a licensed attorney, and …
Larry Schultis has over 20 years of experience negotiating technology transactions and outsourcing agreements. He has represented both technology consumers and vendors – including significant outsourcing arrangements for major healthcare providers, utilities, a Big Four accounting firm, and one of the world’s largest financial institutions. He has also represented a variety of service providers, including a top-ten consulting firm, market leaders in network security software and credit card processing, broadcast networks, numerous software developers, as well firms providing customer care, patient records and video processing services.
Prior to starting Schultis Law, Larry spent ten years engaged in IP transaction work as a partner at Pillsbury Winthrop Shaw Pittman. But it’s his prior experience in the IT industry that gives Larry an the edge] over many other lawyers. Larry first worked as a programmer, then a systems analyst, and finally an IT director for a prestigious law firm. Although the technology has changed since Larry’s early days in IT, his real-world experience in IT project delivery that gives him a unique perspective and insight into his clients’ businesses, and enables him to offer a blend of legal experience and business strategy to complement corporate management.
“When it comes to negotiations, I avoid wasting time on positions that I know will be unacceptable to the other side – or won’t yield meaningful results. I focus on practical issues and getting deals done efficiently – and not unnecessarily adversarially.” – Larry Schultis
Larry Schultis has over 20 years of experience negotiating technology transactions and outsourcing agreements. He has represented both technology consumers …
David Schnurr is a partner at Miller Thomson LLP, one of Canada’s largest national law firms, where he specializes in IT and IP matters, including the preparation and negotiation of all manner of technology contracts (including for the development, licensing, and distribution of technology), advising on IT outsourcing and strategic sourcing projects, and pursuing IP rights. In this role, David has managed significant technology transactions for some of Canada’s largest technology companies. David also manages significant patent and trademark portfolios for several of the firm’s global clients. In 2014, David authored the Cloud Computing chapter of LexisNexis’ legal textbook: Social Media and Internet Law. David also serves as an adjunct professor at the Faculty of Law at Western University where he is a three-time recipient of the University’s Teaching Award of Excellence.
David Schnurr is a partner at Miller Thomson LLP, one of Canada’s largest national law firms, where he specializes in …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
About Lewis Brisbois Bisgaard & Smith LLP
Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with more than 1,000 attorneys and 35 offices in 22 states. Its national practice is sophisticated and well-versed in current legal trends, while its individual state practices provide vast resources and knowledge of procedural and legal nuances.
Lewis Brisbois offers legal practice in more than 30 specialties. Through interaction among its practice groups, Lewis Brisbois provides legal services to each client with a continuity of representation over multiple disciplines. It has built longstanding relationships with corporate and institutional clients based on its ability to provide comprehensive services on a national scale.
For more about Lewis Brisbois, please visit: LewisBrisbois.com.
Founded in 2013 and located in Indianapolis, PactSafe is a digital transaction management platform for web forms. We give your customers insight into and control of the millions of legal transactions happening on the web and in mobile apps. Legal teams can easily draft & publish agreements, we have a developer toolkit called Vault for easy implementation, and—most importantly—we empower teams to make data-driven insights into the risk of their online business.
About Schultis Law Group PLLC
Schultis Law Group, PLLC is a technology, licensing and outsourcing law firm dedicated to providing its clients with highly effective and efficient legal services. Our firm's view is that most technology transactions and in particular, outsourcing transactions, are long-term relationships that must be fair and balanced in order to be truly successful. Our approach to structuring transactions and to negotiations is collaborative, positive, and anchored in our track record of building supportive and mutually beneficial long-term relationships. We have substantial experience in both the customer and supplier-side transactions, so we can relate to the goals and the risks that each party has in a transaction. Schultis Law Group helps its client’s to:
- Define, complete, and negotiate IT and business process outsourcing arrangements.
- Structure, draft, and negotiate commercial, state, and U.S. government contracts and international transactions;
- Lead dispute resolution and work-outs; manage the resolution of large, complex contractual and programmatic issues;
- Handle intellectual property matters, including resolving patent, copyright, and trademark disputes and negotiating licenses;
- Identify and resolve corporate organizational and revenue recognition issues
About Miller Thomson LLP
Miller Thomson enjoys a reputation as one of Canada’s most respected national business law firms. With over 500 lawyers in 11 offices across Canada, the firm offers a complete range of business, advocacy and personal legal services to corporations, financial institutions, entrepreneurs, governments, not-for-profit organizations and individuals. Our people demonstrate a consistent ability to provide practical, creative and cost-effective advice, combined with an unyielding service commitment to our clients. The firm’s dedication to its lawyers, staff and the communities in which we practise, gives us a distinctive position in the Canadian legal industry.
Through strategic growth, Miller Thomson has added enhanced capabilities, depth and resources in many core and specialty areas of expertise in the firm, and in the process has become one of Canada’s largest law firms. Today, we are exceptionally well-positioned to help domestic and international decision-makers with all their Canadian legal needs.
For more information, please visit: millerthomson.com