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This practical, how-to book seeks to explain the perspectives of both sides of the negotiating table on a clause-by-clause basis, clearly setting out the key points they will want to protect - and why - while also offering suggestions as to what they may be willing to concede or compromise upon. It is written with the benefit of DLA Piper's unparal
Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers
The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more
Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.
Negotiating and understanding the nuance of IT threats and solutions is critical to all businesses, and professionals often need guidance when detailing IT security in contract negotiation. This handbook offers quicker and easier negotiation strategies for both buyers and sellers, and offers comprehensive insights into many issues as well as suggestions for resolutions. The business world is made of relationships between companies and their outside partners, such as suppliers, vendors, and customers. From a security perspective, these partnerships are not under the full control of any participant. Security strength is dependent on mutually-agreed upon solutions defined and provisioned in the contract language. The problem is how to ensure that these requirements are simultaneously mutually acceptable and thorough, delivering required protection to each partner. Every business wants to lower the cost of contract negotiation, and ensure a comprehensive agreement. This handbook is a guide to contract preparation, and is packed with wisdom only gained through extensive field experience and long-term work with the analysis of contradictions in security requirements.
Drawing on best practices and real examples from companies who are achieving record results, Getting to We flips conventional negotiation on its head, shifting the perspective from a tug of war between parties to a collaborative partnership where both sides effectively pull against a business problem.
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
This book is the 'one-stop-shop' for practical contractual matters, making it essential reading for anyone involved in negotiating and drafting commercial contracts. Answering questions such as 'How do I draft my contract clearly?', 'What will happen if my contract is interpreted by the English court?' and 'Why are liability clauses so full of legal jargon?', the book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - The meaning and use of commonly-used words, phrases and legal jargon - An explanation of key UK contracts legislation, including the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 - Steps to take, and what to check for in a contract to eliminate errors - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the Fifth Edition also includes: - A new chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts This title is included in Bloomsbury Professional's Company and Commercial Law online service.
An Insider's Guide to Hotel Contract Negotiations Stephen Guth's latest book provides a unique insider's perspective on the high-stakes complexities of hotel contract negotiations. Covering topics from attrition to force majeure to walked guests, "Hotel Contract Negotiation Tips, Tricks, and Traps" dissects contract provisions with easy-to-understand explanations and alternate language to counter hotel negotiation ploys. Based on years of real-life experience, the practical negotiation tactics described in this book could save you tens of thousands of dollars on your next meeting and could protect you from being hit with even more in liquidated damages. Whether you are a meeting planner, ten-percenter, or just someone who is looking to get a great deal for your next group meeting, this book has something for you. Don't negotiate your next hotel deal without it!
"Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.