Structuring Cloud Computing and Other Technology Agreements After Wayfair
New Guidance on Drafting Contract Provisions for SaaS, PaaS, IaaS, and Other Remote-Delivery Technologies
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the impact of the landmark South Dakota v. Wayfair decision on cloud computing and other technology agreements. The panel will offer insight into how SaaS, PaaS, IaaS, and a host of other software, platform and digital infrastructure service contracts need to evolve to absorb these new tax implications as well as tips on drafting key terms to address the collection and reporting regime.
- South Dakota v. Wayfair
- Old rule under Quill
- New rule under Wayfair
- State legislative responses
- Implications for tech firms selling remote-delivery products and services
- Contract drafting tips
- Key provisions
- External considerations
- Service vs. license
- Scope of service considerations
- Jurisdictional guidance
The panel will review these and other key issues:
- How can counsel work with tech clients to determine the most favorable characterization of the transaction?
- How should risk-shifting language be updated to accommodate the new collection and reporting regime after Wayfair?
- How can counsel best leverage jurisdiction-specific guidance in shaping contract language?
Jacqueline R. Neff
Senior Managing Attorney
Marashlian & Donahue
Ms. Neff counsels clients on a variety of regulatory, tax and transactional matters. She an experienced litigator and a... | Read More
Ms. Neff counsels clients on a variety of regulatory, tax and transactional matters. She an experienced litigator and a member of the firm’s litigation team, focusing her litigation skills on complex civil and administrative matters. Ms. Neff advises a wide range of companies, including VoIP service providers, competitive carriers, UCaaS/unified communications services providers, software/SaaS providers, technology and application service providers and developers, wireless/MVNOs, Internet access, satellite, and prepaid providers, among others. In her regulatory/tax practice, Ms. Neff counsels clients regarding the regulatory and tax treatment of electronic commerce, cloud computing/Software as a Service (SaaS), Communications as a Service (CaaS), Unified Communications as a Service (UCaaS) and mobile apps.Close
Derek J. Schaffner
Foley & Lardner
Mr. Schaffner counsels clients regarding legal and business issues associated with complex technology transactions and... | Read More
Mr. Schaffner counsels clients regarding legal and business issues associated with complex technology transactions and outsourcing engagements from the bid stage through contract execution, with a focus on cloud computing, data privacy, IT sourcing, application development and maintenance, software and systems implementation, business process transactions, and licensing. Mr. Schaffner’s representative IT transactions include the outsourcing of IT infrastructure services and support, managed network services, network security services, application development and maintenance, and telecommunications services.Close