Anatomy of an SOW: Special issues in drafting Statements of Work in technology transactions

Mia Rendar
Mia Rendar
Pillsbury Winthrop Shaw Pittman LLP

Mia Rendar is a thoughtful technology and business process transactions advisor who focuses a substantial portion of her practice on technology and outsourcing engagements.

Gabby Regard
Gabby Regard
Pillsbury Winthrop Shaw Pittman LLP

Gabby Regard advises clients on a range of technology and outsourcing engagements.

On-Demand: July 17, 2024

2 hour CLE

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Program Summary

This CLE presentation will provide an in-depth exploration of drafting and negotiating Statements of Work (SOWs) in technology transactions, with a special focus on statements of work that cover AI services. The first portion of the presentation will cover essential components and best practices for SOWs, including distinguishing elements that belong in the Master Service Agreement (MSA) versus the SOW, defining service levels, and properly drafting service descriptions. The second half will address unique considerations for crafting SOWs that cover AI services, with a primer on the issues inherent in AI use, and emphasizing the importance of training, intellectual property issues, and maintaining transparency and traceability. By the end of the session, attendees will have a base understanding of how to craft precise, actionable, and legally sound SOWs that effectively incorporate both traditional technology services and cutting-edge AI applications.

Key topics to be discussed:

  • Fundamentals of SOWs in tech transactions
  • Detailed structure and components of SOWs
  • AI services in SOWs

Closed-captioning available

Speakers

Mia Rendar_Pillsbury Winthrop Shaw Pittman LLP_myLawCLEMia Rendar | Pillsbury Winthrop Shaw Pittman LLP

Mia Rendar is a thoughtful technology and business process transactions advisor who focuses a substantial portion of her practice on technology and outsourcing engagements.

With in-depth experience negotiating SaaS deals, cryptocurrency platform implementation, and integration of artificial intelligence technologies, Mia has had the opportunity to support global leaders in the finance, retail, startup and health care sectors. She has also advised clients on multinational IT and business processes, facilities management and managed network services, logistics and fulfillment deals, systems integration, and software licensing arrangements.

Mia is a key member of Pillsbury’s cloud team and supports clients as they enter into contracts with major cloud providers, plan strategic cloud migrations and go to market with cloud-based products. Mia has advised global companies moving to cloud-based critical services, as well as technology-focused clients engaging with cloud providers on migrating on-premise service offerings to cloud-based solutions. She has also helped first-time cloud users scope financial commitments and migration goals across multiple cloud providers. With her extensive experience in cloud technology, Mia provides critical guidance to her clients, ensuring successful cloud initiatives that meet their business goals.

 

Gabby Regard_myLawCLEGabby Regard | Pillsbury Winthrop Shaw Pittman LLP

Gabby Regard advises clients on a range of technology and outsourcing engagements.

With a focus on strategic outsourcings and complex services arrangements, Gabby assists clients in navigating the full lifecycle of transactions, from initial structuring to post-contract management. Her practice encompasses a wide range of agreements, including information technology (IT) and business process outsourcing (BPO) transactions, transition of services, software-as-a-service (SaaS), software licensing, payments transactions and branding agreements.

Agenda

I. Fundamentals of SOWs in tech transactions | 2:00pm – 2:40pm

  • Differentiating between MSA and SOW contents
  • Crafting clear and actionable service descriptions
  • Addressing performance indicators, service levels, updates, and professional services

II. Detailed structure and components of SOWs (part I) | 2:40pm – 3:00pm

  • Overall Structure: Scope, transition, solution implementation, personnel, pricing

Break | 3:00pm – 3:10pm

III. Detailed structure and components of SOWs (part II) | 3:10pm – 3:30pm

  • Specificity in scope and responsibilities
  • Renewal rights and managing updates/upgrades

IV. AI services in SOWs | 3:30pm – 4:10pm

  • Describing AI services effectively
  • Training and education for AI use
  • Intellectual property, transparency, and reporting obligations

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 General hours

Delaware

Pending CLE Approval
2 General

Florida

Reciprocity
2.5 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 General

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 General hours

Maryland

No MCLE Required
2 General hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 General hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
2 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 General hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General hours Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2 General

Wyoming

Pending CLE Approval
2 General

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