Author Archives: David Tollen

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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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#1 New Release — Amazon “Cloud Computing”!

Earlier this week, I reported that The Tech Contracts Handbook was Amazon’s #1 new release in the “Business Purchasing & Buying” category. Now it’s number one in the far larger, more general “Cloud Computing” category! The Tech Contracts Handbook: Cloud … Continue reading

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#1 New Release — Amazon “Business Purchasing & Buying”

I’m very pleased to announce that The Tech Contracts Handbook is now available from most retailers – and it’s already Amazon’s #1 new release in Business Purchasing and Buying! Please click here to find the book on Amazon. The book … Continue reading

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The Big Data Licensing Issue-Spotter

Managing and sharing big data creates technical challenges unlike anything found in traditional data-sharing relationships. But big data contracts don’t involve a whole new field of legal knowledge. If you’ve already worked on cloud computing agreements or traditional data licenses, … Continue reading

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FAQ’s re E.U. Data Transfers, Now that Safe Harbor Is Gone

Here’s a good post on transfers of European private data to U.S. computers (from BakerHostetler). Of course, it’s in response to the October 6 decision by the E.U.’s Court of Justice, invalidating the Safe Harbor certification system. I think the … Continue reading

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Second Edition of The Tech Contracts Handbook

I’m very pleased to announce that the American Bar Association has published the second edition of my book: The Tech Contracts Handbook — Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople. The book is available … Continue reading

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The Anti-NDA for Idea Submissions (Instead of the “Feedback License”)

In an earlier post, I explained that the standard “feedback license” arises out of a misunderstanding of IP—and generally asks too much from the would-be licensor. After some kvetching in the comments from Professor Eric Goldman, I suggested a “Disclaimer … Continue reading

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Don’t Send Write-Protected Contracts

A lot of companies send their partners contract drafts with write-protection: with word processing protections that force the user to track changes through redlining. This tells your partners that you don’t trust them to point out all their contract revisions. … Continue reading

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