Revising Master Service Agreements and Updating Key Provisions

Complying With Laws, Recitals, Notice, Codes of Conduct, Assignments, Links, Security Audits, Data Privacy, Insurance

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


Conducted on Thursday, April 22, 2021

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel seeking to revise current master service agreements (MSAs) to reflect the issues related to the economic environment and global pandemic. The panel will guide counsel on the provisions of service agreements that should be examined and updated to reflect the clients' needs in light of these business challenges.

Description

MSAs are a standard tool for many corporations and businesses of all sizes. These documents define the overall relationship between parties, so everyone is on the same page as initiatives move forward. They provide the structure for companies navigating a fast-changing business environment that has seen a global pandemic, economic insecurity, and change in U.S. administration and policy enforcement.

With this in mind, MSAs must be routinely revised to reflect the changes in both the legal requirements for enforcement and what the particular industry must address in light of the economic circumstances.

Sometimes the revisions are simple and clear. If a company changed names or addresses in 2020, has that information been updated on the MSA's recitals? Other times, counsel must review and determine what new laws (and proposed laws) may have changed in the applicable jurisdictions governing the MSA. There are legal restrictions that range from the suspension of automatic renewal provisions to limitations of damages that went into effect during the last year.

A revision to an MSA should address the current and ongoing operative environment of the business client. If a company has gone fully or primarily remote, is the notice provision still valid and effective? Updating online MSAs should include verification that links to corresponding pages still work and align with the MSA. Updated provisions related to codes of conduct and insurance, together with data privacy and security concerns, would be needed to address the issues raised by the work-from-home environment that is the new standard for most businesses.

Listen as our expert panel discusses the best practices for drafting and revising a carefully crafted MSA. The panel will focus on the provisions most impacted by the changes in the law and economy in 2020 and how those changes will affect MSA clause requirements in 2021 and beyond.

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Outline

  1. General provisions and contract assessment: 2021 considerations
  2. Compliance with laws
  3. Recitals
  4. Notice
  5. Codes of conduct
  6. Assignments
  7. Links
  8. Security audits
  9. Data privacy
  10. Insurance

Benefits

The panel will review these and other relevant topics:

  • What recital provisions should be updated due to name or address changes or acquisition which occurred in 2020?
  • How do laws approved in 2020 change provisions in MSAs related to auto-renewals and limitation of damages?
  • How does work-from-home change MSA provisions related to insurance or notice?
  • What are the other major considerations related to MSA revisions in 2021?

Faculty

Davis, Zachary
Zachary S. Davis

Attorney
Stoel Rives

Mr. Davis is an experienced construction and design attorney who advises clients in a broad spectrum of legal matters,...  |  Read More

Garber, Joshua
Joshua R. (Josh) Garber

Attorney
Law Offices of Joshua R. Garber

Mr. Garber is dedicated to representing startups, public companies, and other businesses with a focus on commercial...  |  Read More

Smith, Gabriela
Gabriela N. Smith

Of Counsel
Klemchuk

Ms. Smith is an experienced business attorney who assists her clients with international contractual and regulatory...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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