Contract Corner
As we reach the end of 2023, we have once again compiled all of the links to our Contract Corner blog posts, a regular feature of Tech & Sourcing @ Morgan Lewis. In these posts, members of our global technology, outsourcing, and commercial transactions practice highlight particular contract provisions, review the issues, and propose negotiating and drafting tips.
If there is a particular area of interest that you do not see listed below, let us know and we may feature it in a future Contract Corner.
As a Service
- A Buyers’ Guide to Navigating Data Security Provisions in SaaS Agreements
- Key Components of SaaS Contracts
- SaaS Enabled Marketplace Terms – Part 1: The Integrator’s Dilemma
- SaaS Enabled Marketplace Terms – Part 2: Hitting Reset
Automation Robotics and Artificial Intelligence
- Additional Contracting Tips for AI in Service Agreements
- Contracting Pointers for Services Incorporating the Use of AI
- Use of Aggregated Data in Artificial Intelligence Solutions
Blockchain
Cloud
- Basics of Uptime Commitment in Cloud Service Level Agreements
- Checklist for Moving from an On-Premises to a Cloud Solution
- Key Differences Between SaaS and On-Premise Software Agreements
- SaaS and Cloud Services Solutions - Operational vs Customer Business Data and Who Gets to Use What
- Suspension Rights in SaaS Agreements
Commercial Transactions
- Common Issues in Sponsorship Agreements – Part 1: Knowing What You’re Getting, What You’re Paying For, and What Happens When Everything Changes
- Common Issues in Sponsorship Agreements – Part 2: Maximizing Value While Protecting Your Brand
- Merchandise License Agreements
- Practical Tips for Amending Complex Commercial Contracts
- Sole and Exclusive Remedy Provisions
Contract Corners (General)
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Considerations for a
Termination for Convenience Provision
- Considerations for Autorenewal Provisions
- Cracks in the Confidentiality Exception Boilerplate
- Extending Contracts by Variation
- Key Terms When It Comes Time to Terminate
- Who Was That? Dealing with Turnover
COVID-19
- Drafting a Force Majeure Clause in the COVID-19 Era
- Service Locations and Remote Work Following COVID-19
- Key Considerations for Business Continuity and Disaster Recovery Provisions
- Phishing for Force Majeure – What’s the Catch?
Cybersecurity
Data Rights
Intellectual Property
- Allocating IP Rights in Development Agreements
- IP Indemnification – Third-Party Product Exceptions
- Key Considerations for IP Rights in Tech Transformation Projects
- Managing IP Rights for Technology Projects
Outsourcing
- An Overview of Benchmarking for Customers and Suppliers
- From Pandemic Challenges to a Potential Recession – Are Your Outsourcing Contracts Up to Date?
- Next-Gen Business Process Outsourcing: Key Contracting Issues to Consider
- Next-Gen Business Process Outsourcing: Who Owns the IP?
- Transition-Out Obligations in Service Agreements
- Vendor Financial Viability Provisions – The New Normal?
Service Agreements
- Acceptance Requirements in Service Agreements
- Considering Security, Audit, and Other Key Provisions When Your Supplier Shifts to a More Permanent Remote Work Model
- Cost of Living Adjustment Considerations in Services Contracts Among Rising Inflation
- Service Level Methodology Basics – 10 Key Components
Sourcing
- Required Consents Analysis in Due Diligence
- Risk Mitigation via Software Code Due Diligence
- Take Care to Avoid Ambiguity When Using Template Liability Provisions
System Development and Implementation
- Key Considerations for Application Purchase Agreements (Part 1)
- Key Considerations for Application Purchase Agreements (Part 2)
Technology and Tech Transactions
- Dependencies in Technology Integration Deals, Part 1: Understanding Dependencies
- Dependencies in Technology Integration Deals, Part 2: Remedies for Breach
- Divestiture Provisions in Software License and Services Contracts—Not a Big Deal Until You Need Them
- OSS Representations and Warranties in M&A and Financings
- The Purview Doctrine - Does a Guaranty Need to be Reaffirmed When Amending a Guaranteed Contract?
Transformation
- Developing a Transformation Plan
- Key Provisions in Transition Services Agreements
- Technology Transformation in Outsourcing Agreements (Part 1)
- Technology Transformation in Outsourcing Agreements (Part 2)
- Technology Transformation in Outsourcing Agreements (Part 3)
- Tips for Negotiating a Major Platform Modernization Contract
Website and Online Presence Management