• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Drafting Service Level Agreements: Best Practices for Corporate and Technology Counsel

Structuring Key Provisions, Anticipating Common Areas of Dispute, and Streamlining Negotiations

About the Course

Introduction

This CLE course will guide business and technology counsel on drafting service level provisions in technology agreements, with a focus on lessons from recent cases.

Description

The technology services environment is evolving hourly, and drafting service level agreements (SLAs) presents unique challenges for counsel to customers, service providers, and vendors.

SLAs at their most uncomplicated address the current level of anticipated service. Well drafted and effective SLAs also outline what happens when the unanticipated occurs, relationships break down, or the parties need to make changes--additions, deletions, and modifications to the service levels.

Case law, including State of Indiana v. IBM, provides useful lessons and reminders for business counsel negotiating SLAs. The ruling demonstrates how a provider of services may avoid breaching an SLA or be held liable for failing to meet a service level via the substantial performance of the contract. The case also addresses issues regarding preparing a cure notice and more.

Listen as our panel of attorneys experienced in drafting IT contracts discusses best practices for negotiating service levels in the agreements.

Presented By

Michael R. Overly
Partner
Foley & Lardner LLP

Michael R. Overly is a partner and intellectual property lawyer with Foley & Lardner LLP where he focuses on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. Michael is a member of the Technology Transactions, Cybersecurity, and Privacy and Privacy, Security Information Management Practices. Michael is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC), and Certified Outsourcing Professional (COP) certifications. Mr. Overly’s numerous articles and books have been published in the United States, Europe, Korea, and Japan. He has been interviewed by a wide variety of print and broadcast media (e.g., the New York Times, Los Angeles Times, Business 2.0, Newsweek, ABCNEWS.com, CNN, and MSNBC) as a nationally recognized expert on technology and security related matters. In addition to conducting seminars in the United States, Norway, Japan, and Malaysia, Mr. Overly has testified before the U.S. Congress regarding online issues.

Aaron K. Tantleff
Partner
Foley & Lardner LLP

Mr. Tantleff is a partner at Foley & Lardner LLP and a recognized authority in technology transactions, cybersecurity, and data privacy. Drawing on his prior experience as global director of intellectual property for a NASDAQ-listed information technology company and acting associate general counsel for an NYSE-listed consulting firm, he brings rare fluency in the commercial, operational, and legal dimensions of enterprise technology to boardroom and C-suite engagements. Mr. Tantleff's practice spans privacy and cybersecurity compliance and incident response, outsourcing, IP licensing, open-source strategy, big-data monetization, and strategic transactions. He is also at the forefront of the Firm’s artificial intelligence advisory capabilities, counseling companies, boards, and executive teams on strategic AI governance and adoption, including the design and analysis of agentic AI systems, AI agent testing and evaluation, AI-related contracting, and the development of frameworks that align AI initiatives with evolving regulatory, ethical, and commercial standards. A sought-after speaker and thought leader on emerging technology risk and resilience, Mr. Tantleff's practice blends hands-on transactional rigor with forward-looking counsel on AI’s transformative role in enterprise strategy.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, June 25, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Structuring SLAs
    1. Key provisions
    2. Measuring tools
    3. Reporting
    4. Standards
    5. Common issues and remedies
  2. Lessons learned from case law

The panel will review these and other critical questions:

  • How can counsel for service providers, vendors, and customers entering SLAs best mitigate risk when drafting and negotiating the agreements?
  • What are the lessons from court decisions on drafting service levels and SLAs properly?
  • What are the most commonly disputed issues during contract negotiations, and what are some practical strategies for resolving them?