Agile Software Development Agreements: Navigating Complex Contracting Issues

Evaluating Agile vs. Waterfall Development; Structuring Provisions on Pricing, Project Plan, IP Rights, Warranties

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, September 18, 2018

Recorded event now available

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Program Materials

This CLE webinar will guide corporate and technology counsel in evaluating the benefits and risks of agile software development and structuring essential provisions in agile software development agreements. The panel will discuss current trends in the use of agile development methods, legal issues that arise with the arrangements, and strategies to avoid common contracting pitfalls.


Agile software development, an alternative to waterfall software development, is a preferred development methodology for many companies. Agile development allows software developers to collaborate with customers in establishing deliverables at smaller intervals throughout the development process rather than predicting the full scope, cost and deliverable deadlines at the beginning of the project and risking a failure to deliver as promised.

Attorneys who draft, negotiate or review agile software development agreements find them challenging because the flexible nature of agile development makes it difficult to anticipate, allocate and guard against potential risks. However, there are effective ways to structure contract terms that can help counsel manage risks.

Listen as our authoritative panel of technology and corporate attorneys explains best practices when adopting agile software development methodology. The panel will evaluate the pros and cons of agile software development, discuss critical provisions to include in agile software agreements, and explain considerations for counsel to customers and developers during contract drafting to avoid legal pitfalls.



  1. What is agile software development? How is it different from traditional software development methodologies?
  2. Navigating contractual challenges with agile agreements
  3. Evaluating agile vs. waterfall software development agreements


The panel will review these and other relevant issues:

  • What factors should technology and business counsel take into account when evaluating whether to use an agile or waterfall software development agreement?
  • What provisions are essential in agile software development agreements to most effectively manage risks?
  • What are the most challenging issues with agile software development and what are effective strategies for addressing them?


Arne, Paul
Paul H. Arne

Morris Manning & Martin

Mr. Arne is the co-chair of his firm's Technology Transactions Practice and the Privacy and Security Practice....  |  Read More

Chandler, Paul
Paul A. Chandler

Mayer Brown

Mr. Chandler represents clients in connection with the outsourcing of information technology functions and business...  |  Read More

Schaffner, Derek
Derek J. Schaffner

Special Counsel
Foley & Lardner

Mr. Schaffner counsels clients regarding legal and business issues associated with complex technology transactions and...  |  Read More

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