See the new form contract for mobile app license and subscription -- in the Forms Library!

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Articles and Updates

October 14, 2016

New Contract Form: Mobile App License & Subscription

We’ve posted a new contract in the forms library — and it’s available to you in MS Word (no charge, as always). The new form is a mobile app terms of service: a “clickwrap” contract, meant to be downloaded with software that goes on a mobile phone or other mobile device (e.g., through the iPhone […]

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September 27, 2016

TechAssure Fall Conference – Seattle, Washington

On Monday, October 3, 2016, David Tollen will be speaking at the TechAssure Fall Conference, in Seattle, Washington. He’ll be discussing IT contract risk control — to an audience primarily of insurance brokers specializing in technology-related risks. Here’s information on the conference, in case you can make it!

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September 15, 2016

Cloud Computing Contracts 101

I’ll be giving a talk on September 22, 2016, to the Barrister’s Club — a division of the Bar Association of San Francisco. It’s called Cloud Computing Contracts 101: Six Key Clauses and Six Key Mistakes. The program runs from 12:00 to 1:30 at: BASF Conference Center 301 Battery Street, 3rd Floor San Francisco, CA […]

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June 5, 2016

Cloud Computing Contracts 101: Webinar & Discount on The Tech Contracts Handbook

On Tuesday, June 7, David Tollen will present a webinar through the American Bar Association: Cloud Computing Contracts 101: Seven Key Clauses & Seven Common Mistakes. You don’t need to be an ABA member to attend.  You don’t even need to be a lawyer, though if you are, you’ll get CLE credit in your state.  […]

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May 25, 2016

New Forms for the Defense of Trade Secrets Act of 2016

We’ve just updated all the clauses and contracts at to address the Defense of Trade Secrets Act of 2016 (the “DTSA”). That includes the NDA’s and the other contracts that include confidentiality clauses at the Contracts page, as well as the confidentiality-related terms in the Clauses library. (On the Contracts page, only the NDA’s […]

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May 5, 2016

New Portal on Information Technology Contracts

I’m very pleased to announce the new It’s a portal on software licenses, cloud computing agreements, and other information technology contracts. It offers contract negotiators and drafters: Hundreds of Free Clauses: Including all the examples in my book, The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other Information Technology Contracts for Lawyers and Businesspeople (ABA Publishing […]

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May 1, 2016

Podcast: What You Need to Know About the Cloud Services You Use recently interviewed me on cloud computing agreements, and you can listen to the podcast at their site. Lawyerist focuses on the needs of small law firms, but the interview addresses the contracts most small businesses sign with their SaaS and other cloud vendors. In it, I discuss the negotiable versus non-negotiable contracts and the […]

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February 2, 2016

Safe Harbor v. 2.0: “EU-US Privacy Shield”

Hours ago, EU and U.S. negotiators agreed on a new framework for data sharing across the Atlantic. It’s called the “EU-US Privacy Shield.” Cutting to the chase, we should soon have new procedures American companies can follow to make them kosher recipients of European consumers’ private data. If so, European companies can provide consumer data […]

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January 25, 2016

The Tech Contracts Issue-Spotter

I use the table of contents from The Tech Contracts Handbook as an issue-spotter for software licenses, cloud computing agreements, and other IT contracts. I’m posting the table so others can do the same. Simply peruse the topics listed below and ask yourself whether your contract needs a clause addressing each one. Introductory Material: [deleted] xi […]

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December 15, 2015

Must the Buyer Pay for Technology or Maintenance if Implementation Doesn’t Happen?

This article is a report I prepared for one of the parties in litigation outside the United States. I served as what American courts would call an expert witness. This article is published with my client’s permission. The parties’ names have been replaced, and identifying information has been removed. This article explores an issue common […]

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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. © 2016 by David W. Tollen. All rights reserved.

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