Drafting Service Level Agreements: Best Practices for Corporate and Technology Counsel
Structuring Key Provisions, Anticipating Common Areas of Dispute, and Streamlining Negotiations
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Commercial Law
- event Date
Tuesday, August 23, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide business and technology counsel on drafting service level provisions in technology agreements, with a focus on lessons from recent cases.
Mr. Tantleff, CIPP/E, is a partner in Foley’s Technology Transactions, Cybersecurity, and Privacy; and the Environmental, Social, and Corporate Governance (ESG) practice groups. He represents companies in various technology, privacy, security, information management, open source, and intellectual property matters, such as the development of compliance policies, programs, cybersecurity breach preparation, incident response, big data, and data monetization initiatives. Mr. Tantleff also regularly represents clients in mergers and acquisitions, outsourcing transactions, strategic alliances, development and licensing arrangements, supply and distribution arrangements, and other strategic and collaborative transactions involving significant technology and intellectual property. He is a frequent speaker on technology, security, privacy, and outsourcing matters, and is regularly quoted in The Wall Street Journal, Reuters, Politico, Fortune, and other top-tier publications on topics such as cyberattacks, privacy law developments, and data protection, including regarding the General Data Protection Regulation (GDPR) and the Asia Pacific Cross Border Privacy Rules. Mr. Tantleff has been retained for data protection, cybersecurity, monetization of big data/IoT programs, and data breach response, remediation, and simulations by companies across all industries and sizes, domestically and abroad, including several Fortune 100 companies. He has also counseled several state legislators on cybersecurity legislation.
Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. He is the co-author of A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press, 2012).
The technology services environment is evolving hourly, and drafting service level agreements (SLAs) presents unique challenges for counsel to customers, service providers, and vendors.
SLAs at their most uncomplicated address the current level of anticipated service. Well drafted and effective SLAs also outline what happens when the unanticipated occurs, relationships break down, or the parties need to make changes--additions, deletions, and modifications to the service levels.
Case law, including State of Indiana v. IBM, provides useful lessons and reminders for business counsel negotiating SLAs. The ruling demonstrates how a provider of services may avoid breaching an SLA or be held liable for failing to meet a service level via the substantial performance of the contract. The case also addresses issues regarding preparing a cure notice and more.
Listen as our panel of attorneys experienced in drafting IT contracts discusses best practices for negotiating service levels in the agreements.
- Structuring service level agreements
- Key provisions
- Measuring tools
- Reporting
- Standards
- Common issues and remedies
- Lessons learned from case law
The panel will review these and other critical questions:
- How can counsel for service providers, vendors, and customers entering SLAs best mitigate risk when drafting and negotiating the agreements?
- What are the lessons from court decisions on drafting service levels and SLAs properly?
- What are the most commonly disputed issues during contract negotiations, and what are some practical strategies for resolving them?
