Drafting IT Master Services Agreements: Guidance for Purchaser and Vendor Counsel
Defining Project Scope and Obligations, Negotiating Pricing and Payment Terms, Interplay With Statements of Work

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Commercial Law
- event Date
Tuesday, July 25, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide business and technology counsel with a roadmap for drafting and negotiating information technology (IT) master services agreements (MSAs). The panel will discuss key provisions in the agreements and strategies for avoiding common negotiation pitfalls and resolving contract disputes.
Faculty

Mr. Peterson leads the firm’s Technology Transactions Practice. He has focused his practice for 20 years on helping companies work better with their technology and operations supplies. Mr. Peterson has represented customers in dozens of large outsourcing agreements with, cumulatively, over $10 billion in contract value. He has represented clients in all major types of outsourcing transactions and has negotiated opposite all of the first-tier and most of the second-tier providers. Mr. Peterson is a frequent speaker and writer on outsourcing topics, among others.

Mr. Heaphy chairs the firm’s Outsourcing and Technology Practice Group and Co-chairs its India practice, where he leads a broad-based, supplier-focused team of experienced professionals representing a diverse group of global providers of technology and services related to outsourcing, software, robotics, and the cloud.

Mr. Schultis focuses on IP transactions, and has substantial experience representing both technology consumers and vendors and a wide variety of service providers. He represents large customers in outsourcing arrangements including one of the world's largest financial institutions, a big four accounting firm, major health care providers and utilities. Prior to founding his firm, he spent a decade as a partner at Pillsbury Winthrop Shaw Pittman LLP, focusing on IP transactions.
Description
Using IT MSAs brings efficiency and consistency to contracting for technology services. Before negotiating and drafting an MSA, counsel representing technology purchasers and suppliers must clearly understand the purchaser's business objectives, the scope of services, expected deliverables, the scope of the work, warranty and other remedies, and performance and payment obligations.
Careless drafting of MSAs or focusing solely on price during contract negotiations can be a grave mistake that leads to lost money and time, eroded goodwill, disputes, and litigation.
Listen as our expert panel discusses best practices for drafting and negotiating IT MSAs. The panel will discuss necessary clauses for the contracts, explain how they interplay with accompanying statements of work, and provide strategies for avoiding common drafting pitfalls and resolving contract disputes.
Outline
- Key provisions in IT MSAs
- Purchaser considerations
- Vendor considerations
- Anticipating common drafting issues and streamlining negotiations
Benefits
The panel will review these and other highly relevant issues:
- What are the essential questions counsel to purchasers and suppliers must first consider before negotiating and drafting an IT MSA?
- What are the most frequently included contract terms in MSAs?
- What are the most commonly disputed issues during contract negotiations and practical approaches to resolving them?
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