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Negotiating and Drafting IT Contracts Training Course

A two-day seminar designed to explain what IT contracts are, how and why they work and how to put them in place.

8-9 Sep 2020

& 9-10 Mar 2021 , 11-12 Mar 2021 , 6-7 Oct 2021 , 13-14 Oct 2021

Book now

Details

Course overview

Understand IT contracts and their complexities to ensure you draft watertight agreements and manage the risks effectively

All those involved in IT transactions need to understand the trends and industry ‘norms’. A tough commercial environment means you need to guarantee you are getting the best terms available and the best deal for your company or clients.This course has been specifically designed to engage both IT supplier and users of IT to develop their understanding of the structure and content of IT contracts:

  • What they are
  • How and why they work
  • What should be included
  • How to put them in place
  • How to overcome the key challenges
  • What the IT (separate from the contract) actually means

This practical and intensive two-day programme will boost your knowledge in these six key areas to ensure you get the deal done with the best terms for your organisation.

Who should attend?

This seminar is designed for representatives from both IT suppliers and users/buyers, including:

  • In house lawyers
  • Contract managers
  • Procurement managers
  • Buyers
  • IT directors and managers
  • Private practice lawyers and IT consultants

Presenter's firm

  is a leading and award-winning international law firm with offices in London, Liverpool, Manchester, Sheffield, Piraeus, Singapore, Monaco and Hong Kong. As a full service law firm, it delivers advice and strategic guidance spanning the full legal spectrum from non-contentious advisory and transactional work, to all forms of dispute resolution. Its commitment is to provide a fast and efficient service wherever its clients operate. As its business has grown and diversified, it has recognised the strength and importance of the principles held by its people; putting clients first and operating as one team to realise its goals and share its success. These principles have formed the foundation of its culture and the way its lawyers interact with one another and the firm’s clients. They are what distinguish it and are vital to its future.

The firm is on the panel of a number of national and international organisations and regularly competes against many of the City firms. In recent months they have been able to win a number of panel reviews against City firms.

Clients of the firm include

• Carrs Milling Industries • Co-operative Group • CRH Group • Elstree Film Studios • Halewood International • Health Education England • Iceland Foods • Johnson & Johnson plc • Lavinia Corporation • Lloyds Bank • National Express • Odeon Cinemas • Peel Group • Stobart Group • United Utilities plc • Zeneca Group.

To find out more out what Hill Dickinson can do for you click HERE.

Programme

Background to an IT contract (pre-contract preparations)

  • Part 1: Prevention is better than cure
    • Differences in perspectives of IT suppliers and IT customers
    • IT contracts words to avoid... and encourage
  • Part 2: Preparing to negotiate
    • IT tendering and procurement
    • Managing IT negotiations
    • Pre-contract documents
    • Interim agreements and pre-contract contracts
    • Structure of IT agreements
    • Responsibility for technical schedules

Understanding enough IT to work with IT contracts

  • Lawyers vs IT consultants
  • Computer architecture
  • Storage devices
  • Software – what is it?
    • Source code vs object code
    • Databases
  • Classical networks – what are they?
  • The Internet
    • IP Addressing and DNS 
    • ASP to Software as a Service (SaaS) to the Cloud
  • Virtualisation
  • Content and data
    • Analogue v digital
  • Communications
  • Encryption
  • AI and machine learning
  • Future trends

Software Licences

  • Software
  • Software licences:
    • Background
    • Commercial questions
    • Goods or Services?
    • Express terms:
      • Usual restrictions in software licences
      • Safeguards against those restrictions
      • The effect of the Software Directive
      • Warranties to a standard
      • Date and currency warranties
      • Communicating the licence terms
      • Shrink and web-wrapped software
  • Maintenance and support adjuncts
  • Escrow:
    • Source code escrow
    • SaaS step-in escrow

Etymology of an IT project: group exercise: Part I

  • Waterfall commercials – how to negotiate

Etymology of an IT project: group exercise: Part II

  • Waterfall software development
  • Waterfall development contracts

Software development

  •  Agile v Waterfall methodologies
  • Crowdsourcing and open source development
  • Agile contracts

Software as a Service

  • Advantages and disadvantages
  • LHA v SaaS agreements
  • Customer sensible due diligence
  • SaaS agreement:
    • Description of services
    • Right to use
    • Scope of use
    • Price 
    • Other clauses  

Copyright and database rights – basic principles (Part 1)

  • What is copyright? – and important copyright issues
  • Use of the © symbol
  • What are database rights?
  • Sources of most disputes
  • Copyright enforcement bodies
  • FAST and the BSA
  • Audit clauses

Copyright and database rights – implications for software activities (Part 2)

  • Porting software
  • Non-textually copying software
  • Software patents
  • Moral rights in software and typefaces

Outsourcing and IT services contracts

  • Overriding principles
  • Structures of IT services agreements
  • Defining services
  • Defining Service Level Agreements (SLAs)
  • Change control and project/system scope creep
  • How are IT suppliers managed?
  • Supplier warranties vs customer pushbacks

IT Reseller Agreements

  • Software distribution: what does the industry do?
  • Sales agents
  • Sales representatives
  • Resellers
  • Contracts

Problems with IT contracts

  • Typical disputes in IT projects
  • Methods of IT dispute resolution and corresponding clauses
    • Litigation
    • ADR, mediation and arbitration
    • Expert determination
    • Neutral evaluation
    • Ping-pong determination
  • Disclosure issues
  • Software ownership issues: who owns it?

Open source software

  • Open source software
  • The rise of OSS
  • Historical concepts
  • The open source definition
  • The trajectory of OSS today
  • OSS as an industry
  • OSS licences

IT warranties and clauses

  • Implied terms:
    • Anglo v Winter Brown
    • Quality
  • Material, substantial or reasonable?
  • Anti-virus clauses
  • Date issues and clauses
  • Comm issues and clauses
  • Currency issues and clauses
  • Sizing warranties and scalability issues

Presenter

Mark Weston (More...)

Mark Weston is a partner at Hill Dickinson LLP and is the Head of Information Technology, Intellectual Property and Commercial (London). Mark joined the firm from Matthew Arnold and Baldwin LLP where for 12 years he was a partner and Head of the Commercial, Intellectual Property and Information Technology Group, before which he spent several years at Baker McKenzie.

Expertise: Mark’s practice covers both non-contentious and contentious matters in all areas of commercial law, intellectual property law, information technology law, Internet, electronic commerce and on-line services law. He specialises in commercial and Tech issues.

Clients: Just some of Mark’s more well-known clients include Elstree Film Studios, Defaqto, mysupermarket.co.uk, Groupon, RTL Group S.A., Retailcorp Brands LLC, The Gulf Marketing Group, Europcar, Hilton Hotels and the BBC.

Some detail: Mark has extensive experience in advising clients on all manner of commercial matters (such as business planning and solutions, franchising, distribution, agency and marketing) through branding and intellectual property exploitation and licensing, to advice and documentation regarding hardware and software issues (such as development, licensing, maintenance and distribution, SaaS and cloud, Internet transactional solutioning, B2B, B2C and B2G electronic commerce, S-commerce and M-Commerce, social media, outsourcing, facilities management, procurement, IT policies, data protection (privacy), GDPR and freedom of information issues). He has a particular expertise in new digital business and revenue streams. He is also experienced in dealing with software disputes and IT litigation. The increasingly extensive media side of his practice relates primarily to publishing (both real world and digital content), to games and gaming platforms (and particularly transmedia technologies), advising companies about their advertising onscreen, online and in print and managing their public communications strategies generally (dealing with the CMA and ASA in the process) – and also a smattering of television, film and music exploitation.

More unusual:

Mark has previously spent several months on secondment to Hewlett Packard and he has also been seconded to assist in the legal problems arising in new technology companies such as Symbian. From 2000 to 2001, Mark was resident in the Chicago office of Baker & McKenzie advising US clients on European and UK aspects of IT and electronic commerce law and practice.

Mark is the author of the Legal Practice Companion, a parallel text book at several law schools, the editor of the IP and Media Law Companion as well as the rest of the Companion series of books published by Bloomsbury Professional, Tottels, Cavendish Publishing and Oxford University Press. He has noted numerous reports for the IT Law Reports and is widely published in Computing, Computers & Law, Computer Law & Security Report, IT Law Today, Intellectual Property World, Solicitors Journal and many other journals both online and offline. Mark has also authored articles syndicated in the national and trade press and is regularly quoted in national newspapers. Mark is the author of the Business Names on the Internet chapter in the PLC Ecommerce Manual as well as numerous other articles on various Commercial & IT law topics.

Mark lectures regularly on all Commercial, IP and IT law topics, most recently lecturing at the IBC IT ‘Summer School’ Programme in Cambridge, England; the Falconbury two-day and three-day Commercial Contracts seminars (run several times a year) and IT Contracts seminars (run three times a year) in London; and he has previously lectured at the Annual On-line & Internet Commerce Law Institute seminar in Chicago and tutored at University College London. He also runs a programme of bespoke training schemes on commercial law, IP law and IT law as well as soft skills programmes such as negotiation skills and presentation skills.

Finally, you will have seen that Mark likes blogging and writing books, which are available at all good bookshops! He also appears regularly on BBC1 (usually providing advice on-screen to BBC Watchdog) and also on Sky News as a legal commentator, as well as trying to avoid the huge quantity of pink powder the TV make-up girls want to apply to his increasingly receding hairline.

Book now

Book now

8-9 Sep 2020
Live webinar
8-9 Sep 2020
Live webinar
GBP 1,099.00
EUR 1,579.00
USD 1,786.00
+ VAT @ 20.00%
Enrol now
Limited
places

to attend
Live webinar
9-10 Mar 2021
Face-to-face, (venue not yet confirmed)
9-10 Mar 2021
Face-to-face
(venue not yet confirmed)
GBP 1,099.00
EUR 1,539.00
USD 1,714.00
Until 26 Jan 21*
Enrol now
to attend
Face-to-face
(venue not yet confirmed)
  • 2 days of classroom-based training
  • Meet presenters and fellow attendees in person
  • Lunch and refreshments provided
  • Download documentation and certification of completion
  • Fair transfer and cancellation policy
11-12 Mar 2021
Live webinar
11-12 Mar 2021
Live webinar
GBP 899.00
EUR 1,299.00
USD 1,474.00
Until 28 Jan 21*
Enrol now
to attend
Live webinar
6-7 Oct 2021
Live webinar
6-7 Oct 2021
Live webinar
GBP 899.00
EUR 1,299.00
USD 1,474.00
Until 25 Aug 21*
Enrol now
to attend
Live webinar
13-14 Oct 2021
Face-to-face, (venue not yet confirmed)
13-14 Oct 2021
Face-to-face
(venue not yet confirmed)
GBP 1,099.00
EUR 1,539.00
USD 1,714.00
Until 1 Sep 21*
Enrol now
to attend
Face-to-face
(venue not yet confirmed)
  • 2 days of classroom-based training
  • Meet presenters and fellow attendees in person
  • Lunch and refreshments provided
  • Download documentation and certification of completion
  • Fair transfer and cancellation policy

Learn more about our face-to-face and webinar training formats.

* Note the early booking discount cannot be combined with any other offers or promotional code

Continuing professional development

This course qualifies for the following CPD programmes:

  • CPD certificate of attendance: 12.00 hours

Customised in-house training

We can customise this course to meet the requirements of your organisation and deliver it at your location and/or online.

Contact us

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Good material and plenty of food for thought and after-course follow up. Excellent presenter really knows the subject matter and was very entertaining – kept my interest throughout even through the after lunch "graveyard" shift!

Andrzej Wojtak, Commodity Manager, Synamedia, Sep 19

Mark was engaging, with plenty of light moments. This made what could become a heavy subject much more palatable and I thought the material was presented in a useful manner with it being easy to follow and absorb. The content was exactly what I was hoping for and with an engaging speaker it was a very interesting course – two days well spent.

Kate Lee, Product Specialist - Direct supply chain, Synamedia, Sep 19

The speaker was excellent. Mark was very engaging and made an intensive two-day course very much doable. He was very clear in his explanations and made challenging concepts very easy to understand.

Lujain Bawazir, Junior , Global Advocacy and Legal Counsel, Sep 19

Great speaker, very engaging with great examples. I particularly liked the negotiating exercise we took part in on the first day and the example of the drafting contract at the end of the second day. I really enjoyed the course, there was a lot of information to take in but Mark did a great job keeping us engaged. This course will definitely give me the confidence to move forward to help draft SaaS contracts.

Christopher Cooper, Commercial Manager, Synamedia, Sep 19

Great content, applicable, practical, and engaging. The speaker was very knowledgeable and helpful and I particularly liked the practical group exercises and real-life examples used throughout to make the content more applicable.

Claire Cinnamon, Solicitor, A&L Goodbody, Sep 19

The course was expertly presented; professionally arranged; and worth the fee. Top instructor. Excellent knowledge of the material.

Guy Beaudin, Public Sector Business Development Director, Insight Direct (UK) Ltd, Mar 19

Overall the content of the course was excellent: interesting, challenging and certainly increased my knowledge in the areas. Speaker was excellent and kept things interesting and relevant.

Justin Lilley, Purchasing Manager, Scottish Qualifications Authority, Mar 19

The speaker was excellent. He had complete understanding of the subject accompanied with decades of practical experience.

Yuvraj Duggal, ENBD Group Legal Adviser, Emirates NBD, Mar 19

BEST Training course I have ever attended! Very engaging and clear with lots of relevant and interesting examples.

Jack Steele, IT Vendor Specialist, Gazprom Marketing & Trading, Mar 19

The course was useful, insightful and Mark was very helpful.

Suraiya Secretary, Contract Executive, Insight Direct (UK) Ltd, Mar 19

Very knowledgeable, very engaging, didn't lose enthusiasm or energy during the course and kept me interested through two days of complicated subject matter!

Tamsin Fendley, Commercial Manager , HM Treasury, Mar 19

I found the course very worthwhile. It gave me a good grounding for IT contracts and an update on common contracts aspects such as warranties. The course was quite fast-paced with a great deal of material to cover in just two days.

Nicholas Timbrell, IT Sourcing Manager, Vitality Corporate Services Limited, Oct 18

Mark was great. Kept us engaged for the entire duration of the course. He was very approachable and helpful. He made the course very interesting with his videos, presentations and questions. Thoroughly enjoyed his teaching methods. An extremely well delivered course.

Afreen Malik, Manager, Icon Clinical Research UK ltd, Oct 18

I already attended a dozen training courses from Falconbury and other legal training entities in London; I would say Mark was the best speaker I have had in such training courses. He was very pragmatic, gave detailed and comprehensive explanations regarding the IT particulars and useful tips on how to link such particulars with the legal aspects of a negotiations or a draft of an IT contract.

Eduarda da Costa, Lawyer, Novabase Serviços - Serviços de Gestão e Consultoria, SA, Oct 18

I would highly recommend it to anyone working with IT contracts! The course is very informative and full of tips and fun facts. And Mark Weston is a top-notch expert in this area.

Karolina Matuszewska-Pautsch, Senior Legal Counsel, Commercial Legal & Procurement, European Stability Mechanism, Oct 18