Agile Software Development Agreements: Navigating the Complex Contracting Issues

Evaluating Agile vs. Waterfall Development; Structuring Provisions on Pricing, Project Plan, Warranties and More

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

Conducted on Wednesday, April 5, 2017
Recorded event now available

This CLE webinar will provide guidance to corporate and technology counsel for evaluating the benefits and risks of agile software development and structuring key 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, has become a popular and 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 key provisions that should be included 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 key issues:

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


Paul H. Arne, Partner
Morris Manning & Martin, Atlanta

Mr. Arne is the co-chair of his firm's Technology Transactions Practice and the Privacy and Security Practice. He represents technology companies and large end users, with a particular emphasis on complex, outsourcing matters, international transactions, open source software, privacy, university technology transfer, and revenue recognition issues. He is also involved with development, manufacturing, and distribution involving medical devices. He has written numerous technology law articles in legal publications and a frequent speaker on the law affecting technology companies.

Anne M. Friedman, Of Counsel
DLA Piper, Los Angeles

Ms. Friedman's practice focues on structuring large scale sourcing and technology transactions, concentrating on global and domestic outsourcings in the areas of information technology, software development and maintenance, and business process outsourcing. Her practice also includes drafting transition services agreements in connection with M&A transactions, software licensing, integration and implementation transactions, hosting agreements, distribution agreements, related corporate transactions, and handling issues relating to data privacy, data security and intellectual property matters. 


CLE On-Demand - Streaming Video

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Customer Reviews

The presentation was perfect - not too technical or legal. Keep up the good work!!

Patricia Embley

Great program.

Jennifer Doran

Hinckley, Allen & Snyder

I liked the concise and clear presentation of the subject matter.

Arthur Glassman

Moss & Barnett

I thought the content covered in the webinar was very helpful.

Stephanie Hooks


The speaker's use of practical examples and not just talking about legal concepts, was very good.

Jeffrey Kaplan

Gaglione, Dolan & Kaplan

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Business Contracts and Franchise Advisory Board

Vincent R. Martorana

Assistant General Counsel


Charles (C. J.) Schoenwetter


Bowman and Brooke

Rochelle Spandorf


Davis Wright Tremaine

Craig Tractenberg


Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

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