The Tech Contracts Handbook, with David W. Tollen

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Listen to the full interview at www.33voices.com/david-w-tollen/audio

David Tollen is an attorney and author, as well as a founder of Adeli & Tollen LLP, a technology and intellectual property law firm with offices in San Francisco, Los Angeles, and the Silicon Valley. His practice focuses on intellectual property and information technology agreements, including software licenses, cloud computing agreements, and Internet and e-commerce contracts. He speaks and teaches on the same subjects. Mr. Tollen works in San Francisco and the Silicon Valley. He has published two books: The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople and THE TECH CONTRACTS POCKET GUIDE (an earlier version of the HANDBOOK).

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The Tech Contracts Handbook, with David W. Tollen

  1. 1. @33voices / www.33voices.com / chase@33voices.com
  2. 2. NOTE:The following represents ten highlightsfrom the interview by @MoeAbdou,founder & host of 33voices®.Click to stream audio
  3. 3. David W.TollenAttorney and author, aswell as a founder of Adeli& Tollen LLP, a technologyand intellectual propertylaw firm with offices in SanFrancisco, Los Angeles, andthe Silicon Valley.
  4. 4. 33voices.com/David-W-TollenContracts define the nature of business relationships -don’t delegate them.instead work with a superb legal teamand understand the parameters.No.1
  5. 5. 33voices.com/David-W-TollenNo.2Remember that contractsare not about winning a legal case in the future,they specify responsibility.Good fences make good neighbors.
  6. 6. 33voices.com/David-W-TollenNo.3Avoid the emotional debateswith fairness.it’s about leverage -there’s no fairness.
  7. 7. 33voices.com/David-W-TollenNo.4Ideas belong to everyone.Intellectual property is often the exception,not the rule.
  8. 8. 33voices.com/David-W-TollenNo.5Intellectual propertyis protected when secured bycopyright, a patent,a trade secret or a trademark.
  9. 9. 33voices.com/David-W-TollenNo.6Non-disclosure Agreementsare of little value unless they specify explicitlythe confidential information.
  10. 10. 33voices.com/David-W-TollenNo.6Non-disclosure Agreementsare of little value unless they specify explicitlythe confidential information.33voicesDavid Tollen - Non-Disclosure Agreements
  11. 11. 33voices.com/David-W-TollenNo.7The initial section of a contractspecifies the key promisesmade by both parties.be clear and avoid ambiguity.
  12. 12. 33voices.com/David-W-TollenNo.8Distinguish clearly betweena license and a sale.a license give a right of usage,not ownership.
  13. 13. 33voices.com/David-W-TollenNo.9The indemnity and limitsof liability clauses areyour insurance policy.opt for specificity.
  14. 14. 33voices.com/David-W-TollenNo.10Test the limits.it’s always worth testingwhat the other party saysis non-negotiable.
  15. 15. Really reflect...Do you know what yourcompany’s limits of liability?Really reflect...
  16. 16. CONNECT WITH US!Tell us what you thinkChase@33voices.com

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