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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, July 30, 2024

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

This CLE course will provide business and technology counsel with a roadmap for drafting key provisions in technology professional services agreements (PSAs). The panelist will discuss key clauses that should be included in PSAs, strategies for avoiding common negotiation pitfalls, and best practices for minimizing and resolving contract disputes.

Faculty

Alan G. Fishel
Partner
ArentFox Schiff LLP

Mr. Fishel handles transactional matters relating to technology and telecommunications agreements, including cloud service agreements, professional service agreements, hardware agreements, colocation agreements, service level agreements, manufacturing agreements, dark fiber agreements, and in-building wireless agreements. He also drafts and negotiates many different types of agreements in other areas as well. In addition, Mr. Fishel helps clients in numerous industries improve their template agreements. As Co-Chair of AFS University, Mr. Fishel provides interactive and engaging in-person presentations and webinars to firm attorneys, in-house counsel, and/or business people regarding topics such as how to become an expert at drafting agreements; how to find the 18 most common types of flaws in contracts when the other party sends you their drafts; and how to become an excellent negotiator, avoid negotiating mistakes, respond to common negotiating lines, and handle difficult negotiators.

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Description

Drafting PSAs for technology projects involves significant risk because the contracts contain complex provisions granting third-party access to a company’s valuable and confidential business information.

Counsel to companies entering PSAs with vendors must have a clear understanding of the company’s business goal, services being purchased, cost of services, and timeline for performance prior to negotiating and drafting the PSA. Counsel must also understand recent trends in contracting for technology services to ensure that the PSA terms reflect current best industry practices. Focusing solely on price can be a grave mistake.

Listen as Alan G. Fishel, Partner at Arent Fox, discusses best practices for drafting and negotiating technology PSAs. The panel will discuss key clauses that should be included in the contracts and provide strategies for avoiding common drafting pitfalls and minimizing and resolving contract disputes.

Outline

  1. Key provisions in technology PSAs
    1. Service levels
    2. Cooperation
    3. Intellectual property
    4. Acceptance testing
    5. Compliance with professional standards
    6. Personnel
    7. Payment terms and fees
    8. Termination
    9. Warranties
    10. Indemnification
    11. Limitation of liability
    12. Legal compliance
    13. Confidentiality and nondisclosure
    14. Jurisdiction and governing law
    15. Miscellaneous provisions (severability, force majeure, entire agreement, etc.)
  2. Anticipating common drafting issues and streamlining negotiations

Benefits

The panelist will review these and other key issues:

  • What are the key questions counsel must consider before undertaking the negotiation and drafting of a technology PSA?
  • What contract terms are most frequently included in PSAs?
  • What are the most commonly disputed issues during contract negotiations and what are effective approaches to resolve them?