The Latest Market View of Key Issues in SaaS Contracts

James McPhillips
James McPhillips
Pillsbury Winthrop Shaw Pittman LLP

James McPhillips advises a range of clients, from publicly traded Fortune 100 companies to smaller, privately held enterprises, on all aspects of technology and similar services 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.

On-Demand: May 8, 2023
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Program Summary

The Software-as-a-Service (SaaS) model for providing subscription-based software hosted in the cloud is not new. However, the growth in the usage of SaaS products has exploded in recent years for many reasons, including the increased adoption of cloud computing, the rise of remote work and distributed teams, and the growing demand for software solutions that are flexible, scalable, and cost-effective. In addition, advancements in technology such as artificial intelligence, machine learning, and the Internet of Things are also contributing to the growth of the SaaS market.

As the market for SaaS products advances, the legal considerations and best practices with respect to contracting for SaaS products continue to evolve. Corporate and technology counsel should be aware of the current state of contracting in the SaaS market, which includes key issues such as the rise in multi-vendor bundled solutions, use of artificial intelligence in the cloud, mitigating the risk of dynamic and hyperlinked contract terms, addressing the risk of service suspension, negotiating (or not) service levels and other performance measurements, and disaster recovery and business continuity commitments. Our presenters will provide practical tips and real-world examples to help lawyers and contract professionals navigate these and other issues in the evolving legal landscape of SaaS products and services.

Key topics to be discussed:

  • Current State of Contracting in the SaaS market
  • The Rise in Multivendor Bundled Solutions
  • Use Of Artificial Intelligence in The Cloud
  • Mitigating The Risk of Dynamic and Hyperlinked Contract Terms
  • Addressing The Risk of Service Suspension
  • Negotiating (Or Not) Service Levels and Other Performance Measurements
  • Disaster Recovery and Business Continuity Commitments

Date: May 8, 2023

Closed-captioning available

Speakers

James McPhillips_Pillsbury Winthrop Shaw Pittman LLP_myLawCLEJames McPhillips | Pillsbury Winthrop Shaw Pittman LLP

James McPhillips advises a range of clients, from publicly traded Fortune 100 companies to smaller, privately held enterprises, on all aspects of technology and similar services transactions.

James is a market-leading advisor on strategic cloud platform and services initiatives, having advised clients on dozens of transactions with the world’s largest and most sophisticated cloud service providers. James also has considerable experience with information technology and business process outsourcing transactions; software-as-a-service (SaaS) agreements; software licensing and development arrangements; core systems implementations; technology non-disclosure agreements; and other related corporate transactions. He provides guidance on legal, operational and financial aspects during all phases of each transaction, including initial bid preparation, contract negotiation and drafting, implementation advice, relationship governance and contract renewal planning.

 

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 engaged in outsourcing multinational IT and business processes, facilities management and managed network services, logistics and fulfillment deals, systems integration, and software licensing arrangements.

Agenda

I. Current State of Contracting in the SaaS market | 2:00pm – 2:10pm

II. The Rise in Multivendor Bundled Solutions | 2:10pm – 2:20pm

III. Use Of Artificial Intelligence in The Cloud | 2:20pm – 2:30pm

IV. Mitigating The Risk of Dynamic and Hyperlinked Contract Terms | 2:30pm – 2:40pm

V. Addressing The Risk of Service Suspension | 2:40pm – 2:50pm

VI. Negotiating (Or Not) Service Levels and Other Performance Measurements, Disaster Recovery and Business Continuity Commitments | 2:50pm – 3:00pm

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