Please save the date to join Kilpatrick Townsend's Global Sourcing and Technology Team for a full-day seminar at our office in Atlanta, Georgia on May 7, 2015. We will provide breakfast and lunch, and invite you to join us for a happy hour with cocktails and hors d'oeuvres following the program.

This seminar is targeted at lawyers and non-lawyers who negotiate technology procurement contracts (Cloud Agreements, SAAS Agreements, traditional software and implementation agreements, and ERP licensing and implementation transactions), outsourcing contracts, and general procurement contracts.

Agenda:

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Introduction
Presented by Jim Steinberg

Negotiating Information Technology Contracts: Best Practices and Contract Considerations
9:30 a.m. - 11:00 a.m.
Presented by Jim Steinberg and Jim Paine

This presentation will focus on why technology agreements are different from commodity purchases and a process for using an RFP to obtain appropriate terms and conditions that protect the customer on day one, and will continue to protect the customer over the life of the agreement as disputes and additional negotiations occur. The presentation will also focus on common negotiating mistakes made by novices and veteran negotiators and on key terms and conditions that are critical to protecting the customer. [The presentation includes a variety of clips from TV shows and movies to emphasize the points.]

Break
11:00 a.m. - 11:15 a.m.

Cybersecurity & Knowledge Asset Protection for a Hacked & Watching World
11:15 a.m. - 12:30 p.m.
Presented by Jon Neiditz and Amanda Witt

This practical exercise will take you through state-of-the-art security, privacy and knowledge asset
protection provisions of the vendor contract, as well as the nitty gritty of relationship management from the customer and vendor sides, asking and answering all of the hardest questions with alternative provisions, negotiation strategies and communications, and issue resolution strategies. How have the facts that the Target and Home Depot breaches moved upstream from vendors changed vendor contracting? Do you need a SOC 2 Type II audit from cloud providers, and on what could you insist in the alternative? When do government surveillance concerns dwarf all information security concerns and how should you address them? What level of oversight do the law and government expect, and what types and levels are effective and cost-effective?

Lunch
12:30 p.m. – 1:30 p.m.

Issues in the Cloud
1:30 p.m. - 2:30 p.m.
Presented by Sonia Baldia and Josh Ganz

We will review current issues in, and considerations for, cloud computing transactions and discuss best practices in cloud agreement negotiations, which will provide an overview of the common sticking points in negotiations, including service levels, pricing, confidentiality, return of customer data, intellectual property, indemnities, limitations of liability, and other related topics.

Break
2:30 p.m. - 2:45 p.m.

Dispute Resolution
2:45 p.m. - 3:45 p.m.
Presented by Jay Bogan, Jim Paine and Sonia Baldia

We will review how to manage disputes with your service provider from the inception of the dispute all the way through arbitration or litigation, and we will discuss the pros and cons of arbitration vs. litigation.

Break
3:45 p.m. - 4:00 p.m.

Ethics in Negotiation
4:00 p.m. - 5:00 p.m.
Presented by Jim Steinberg and Meredith M. Francis

This presentation will address what is ethically permitted for lawyers in negotiations with counsel, members of the court, and third parties. The presentation will include a review of the applicable rules and a number of situations where lawyers have strayed from the rules, either unwittingly or with intentional bad conduct. [The presentation includes a variety of clips from movies and courtrooms to illustrate the various points.]

Cocktails
5:00 p.m. – 6:00 p.m.

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