Negotiating SaaS Agreements: Key Contract Provisions and Protections
Data Ownership, Access, and Security; Service Level Agreements; Limitations and Warranties; Indemnification
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the latest trends in drafting and negotiating Software as a Service (SaaS) agreements. The panel will discuss critical issues in negotiations and contract provisions and offer strategies to avoid common contracting pitfalls.
Outline
- Drafting and negotiating critical provisions in the SaaS agreement
- Ownership of data
- Access to data
- Data security
- Service level agreement
- Limitations and warranties
- Indemnification
- Other significant provisions
- Recent legal developments and business trends impacting SaaS agreements
Benefits
The panel will review these and other high priority issues:
- What are the primary distinctions between on-site and provider-hosted software? Why does it matter from a legal standpoint?
- How can concerns about data privacy, security, access, integrity, and recovery be addressed in the SaaS contract?
- What are best practices for drafting SaaS agreements to ensure that SaaS services remain available and supported?
Faculty
Katherine Gnadinger
Corporate Counsel
Microsoft
Ms. Gnadinger serves as Corporate Counsel at Microsoft, supporting the manufacturing industry account teams. Her... | Read More
Ms. Gnadinger serves as Corporate Counsel at Microsoft, supporting the manufacturing industry account teams. Her primary responsibilities include advising business clients on complex cloud computing deals and complex legal issues such as cybersecurity, artificial intelligence, and data privacy. She additionally provides risk analysis for and negotiation of strategic alliances, software and IP licenses, professional services and support contracts, and various other agreements. Prior to joining Microsoft, Ms. Gnadinger worked as a Senior Attorney at Bell Textron Inc., supporting U.S. and Canadian military business, global supply chain, and IT security.
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James W. McPhillips
Partner
Pillsbury Winthrop Shaw Pittman
Mr. McPhillips advises a range of clients, from publicly traded Fortune 100 companies to smaller, privately held... | Read More
Mr. McPhillips advises a range of clients, from publicly traded Fortune 100 companies to smaller, privately held enterprises, on all aspects of technology and similar services transactions. He is a market-leading advisor on strategic cloud platform and services initiatives, having advised clients on dozens of transactions with the world’s largest and most sophisticated cloud service providers. He has considerable experience with information technology and business process outsourcing transactions, SaaS agreements, software licensing and development arrangements, core systems implementations; technology non-disclosure agreements; and other related corporate transactions. He provides legal, operational, and financial guidance during all phases of each transaction, including initial bid preparation, contract negotiation, drafting, implementation advice, relationship governance, and contract renewal planning.
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Kristie D. Prinz
Founder
The Prinz Law Office
Ms. Prinz is a technology and life sciences IP business lawyer and the founder of The Prinz Law Office in Silicon... | Read More
Ms. Prinz is a technology and life sciences IP business lawyer and the founder of The Prinz Law Office in Silicon Valley. Ms. Prinz’s practice focuses on providing technical IP business advice to early stage start-ups and more established mid-market companies in the software, SaaS, technology, and health technology industries. Ms. Prinz is the author of the Silicon Valley Software Law Blog and a regular speaker on software, SaaS and technology contracting business issues. Ms. Prinz is a graduate of Vanderbilt Law School and is licensed to practice law in the states of California and Georgia.
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