5 Keys to Effective Technology Contracts
Photo by Rodolfo Clix from Pexels. Technology Contracts — often called Terms & Conditions — are the set of documents that no one ever wants to read . . .…
There’s an old saying: “He who contracts by hand deserves his spot in no man’s land.” In other words, handshake agreements are bound to get you into trouble. (And actually, it’s not an old saying, we just made it up.) Lovers should never start businesses without contracts. Brothers should never deal in land without contracts. Mothers, well, mothers can do whatever the hen they want, they’ve earned it.
Should you have a contract for what you’re about to do? Absolutely. Does it really matter whether Cousin Eddie, Divorce-Attorney-Dan, or LegalZoom drafts your distribution agreement? Triple absolutely. In contracts there are the money clauses, and then what we call the non-money money clauses. The non-money money clauses are the ones that take you by surprise. Often overlooked as downstream or low-probability hypotheticals, these clauses include legalese like indemnification, setoff, venue and jurisdiction, notice, warranties, covenants, representations — a sweep of coded language you need to stay abreast of. Our attorneys have gone toe-to-toe with the likes of Google, Samsung, IBM, Honeywell, Merck, Synthetic Genomics, Roche, and more. We’ve been exposed to all the tactics that skew a fair term sheet into a bad deal, tactics that unqualified attorneys won’t catch or know how to counter. We help businesses negotiate not only the best terms, but also the best contracts. This ensures that today’s closing doesn’t mean tomorrow’s closure.
There are the money clauses, and then there are the non-money money clauses. The non-money money clauses are the ones that take you by surprise. Often overlooked as downstream or low-probability hypotheticals, these clauses actually include legalese like indemnification, setoff, venue and jurisdiction, notice, warranties, covenants, representations — a sweep of coded language you need to stay abreast of. Our attorneys have gone toe-to-toe with the likes of Google, Samsung, IBM, Honeywell, Synthetic Genomics. We’ve been exposed to all the tricks that skew a fair term sheet into a bad deal and how to help businesses negotiate not only the best terms, but also the best contracts. This ensures that today’s closing doesn’t mean tomorrow’s closure.
Contracts come in all shapes and sizes, and some of the kinds we regularly negotiate include:
| Athlete Endorsement Agreement | Buy-Sell Agreement | Confidentiality Agreement (NDA) |
| Franchise Agreement | Independent Contractor Agreement | Joint Venture Agreement |
| Master Service Agreement | Material Transfer Agreement | Music Label Agreements |
| Software License | Sponsored Research Agreement | Trademark License Agreement |
Lead Attorney Profiles
Kevin Christopher
Principal
Kevin Christopher, JD/MBA, leads Rockridge®, a Certifed B Corp law firm, as corporate and patent attorney. Kevin is also founder and CEO of QUANTiSCOPE®, an AI/ML biotech public benefit corporation. Kevin is active in his local communities, having served in Americorps, as county and state commissioner, and on the boards of several environmental and social equity nonprofits. He has also advanced international sustainability goals through working groups of the World Economic Forum and similar organizations. Kevin has enjoyed a diverse and fulfilling career, counting as direct business and legal mentors Vincent Stanley of Patagonia, Joe Tsai of Alibaba, Secretary of Energy Jennifer Granholm, and U..S. District Court Judge Charles Breyer.
Micah Gonzalez, CIPP
Brand, Data Privacy & Regulatory Attorney
Micah Gonzalez is a Certified Information Privacy Professional (CIPP) focused on brand, data, and regulatory law. She helps high-impact, high-growth companies comply with and benefit from various state and federal data, intellectual property, and regulatory frameworks in order to maximize their benefit and commercial potential.
