Every deal is different, and an analysis of the parties, deal objectives, and potential future disputes is essential in order to minimize risks associated with the deal. Unwise decisions regarding choice of forum and dispute resolution can cost thousands in unexpected expenses later. More importantly, though, sloppy drafting of statements of work or provisions dealing with intellectual property rights can have devastating effects on a party in the event of a dispute.
Drafting complex agreements for business conducted over the Internet has been a core part of our practice for years.
Cloud computing and software as a service (SaaS) deals are becoming more common. With SaaS deals, the focus is less on licensing and more on the service agreement, specifically the Service Level Agreement (SLA) that covers topics like uptime requirements, speed, and responsiveness.
Kronenberger Rosenfeld’s approach to drafting technology and SaaS agreements is twofold. First, as litigators, we ensure that we have created multiple layers of protection for our clients from the costs of being forced to litigate in unexpected jurisdictions or of being forced to litigate various types of so-called nuisance lawsuits. Second, we draft our agreements with the goal of increasing value for our client’s projects, relating to its intellectual property rights and to revenues and profits generated from the agreements.