See the new form contract for customers' purchase of all three (softare, SaaS, & IT services) through a single contract: the "ITMA" -- in the Forms Library

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Articles and Updates

October 20, 2017

Last Chance: Re-Register your DMCA Agent by the End of the Year

by Deborah Pulido If you are an internet service provider taking advantage of the Digital Millennium Copyright Act safe harbor, you have until December 31, 2017 to re-register your designated DMCA agent. As David Tollen reported back in 2016, the Library of Congress has changed the rules for designating an agent to receive “takedown” notices […]

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October 5, 2017

Threats Your Technology Poses to Confidentiality and Attorney-Client Privilege

On October 11, I’ll be moderating a panel-webinar for lawyers, provided by the American Bar Association. It’s called What You Need to Know: Threats Your Technology Poses to Confidentiality and Attorney-Client Privilege.  The panelists and I will discuss the technology law firms use to communicate with clients and store documents — particularly professional responsibility rules surrounding […]

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June 12, 2017

Article on Modification of Online Contracts

This is a good article from the ABA’s Business Law Today publication: Online Contracts: We May Modify These Terms at Any Time, Right? In short, no, it doesn’t reliably work to tell customers or website visitors that you can unilaterally amend their contracts, just by posting a new version. You need notice and consent, as The Tech […]

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June 7, 2017

Law Review Article Cites The Tech Contracts Handbook

A South Carolina Law Review article cites The Tech Contracts Handbook — and in fact relies upon it heavily. The article is THE UNDERCOVER DETECTIVE LOOKS AT DATA BREACH CONTRACT CLAUSES: WHO SHOULD BE RESPONSIBLE UNDER THE CONTRACT FOR COSTS OF COVER? (67 S.C. L. Rev. 535, Spring 2016). The author is Professor Jill Bronfman of […]

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April 26, 2017

When Law Firms Buy Cloud Services

by David W. Tollen and Nathan Leong You’re a lawyer looking for online software and other tools to run your firm—tools like email, word processing, calendaring, timenotes, legal research, and particularly document management. You stumble across a great suite of tools from a reputable company and sign up. You love your new powers; now you’re […]

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April 20, 2017

Is Technology a Threat to Attorney-Client Privilege?

By Phil Brown and David W. Tollen Lawyers love tradition, but many clients want to communicate with 21st Century tools. Texting, Skyping, SnapChatting: all of these would mystified most lawyers ten years ago. But habits change. The flood of technological “advances” in communication methods brings new threats to attorney-client privilege and confidentiality. The truth is, […]

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December 17, 2016

New Form: Customer’s ITMA (Information Technology Master Agreement)

We’ve posted a new contract in the forms library — and it’s available in MS Word (no charge, as always). It’s meant to serve as a customer’s primary contract for purchasing any and all IT (other than hardware or IaaS): namely, licensed software, software-as-a-service (SaaS), and/or IT professional services. You can use it to acquire […]

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December 9, 2016

5 Simple Rules for Negotiating Software and IT Contracts

Capterra’s IT Management Blog just published an article by David Tollen: 5 Simple Rules for Negotiating Software and IT Contracts. It’s a customer-focused articles, addressing five mistakes customers tend to make in their tech contracts. (Sorry vendors! Capterra’s blog mainly serves customers.) Please check it out …

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November 17, 2016

Re-Register for the DMCA by the End of 2017

In its ongoing effort to keep us on our toes, the Library of Congress has changed the rules governing the Digital Millennium Copyright Act. In short, if you’re already signed up to take advantage of the DMCA safe harbor, you must re-designate your agent online by the end of 2017. Without the DMCA, service providers […]

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November 15, 2016

#1 Bestseller!

FYI, The Tech Contracts Handbook is the number-one bestseller on Amazon’s Business Purchasing and Buying list! Please check it out! David Tollen, THE TECH CONTRACTS HANDBOOK: Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople, 2nd Edition (ABA Publishing, IP Section, 2015)

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The articles posted here do not provide legal advice. No attorney-client relationship is formed by your use of this blog. You use the information provided here at your own risk. © 2017 by David W. Tollen. All rights reserved.

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