awall – Technology Law Section

Part 2: Best Practices for Software License and Development Agreements

Negotiating and drafting software agreements can be challenging and disputes commonly arise over a wide variety of issues, including ownership of intellectual property, indemnification, and limitations of liability. The licensor will typically seek strict limitations of liability and broad disclaimers of warranties, whereas the licensee will seek to ensure that it has the broadest possible remedies in the event of a dispute. To effectively draft and negotiate a software agreement that best serves the client’s interests, counsel to software companies and/or prospective licensees must understand the critical elements in a software license or development agreement, and the common challenges that often arise during the course of drafting and negotiating those agreements.

In our second session on software contracting, presenter Matt Wilmot will provide guidance for drafting and negotiating software license and development agreements, such as the scope of the license rights being granted (including rights to improvements to the software), as well as the important risk allocation provisions indemnification, representations and warranties, and limitations of liability.

Presenter:

Matt Wilmot is a partner in Stoel Rives's Technology and Intellectual Property group, where he focuses on the representation of technology-based companies and clients in other industries having intellectual property assets.

Matt’s clients include software companies and mobile app developers (including SaaS and cloud-based companies), as well as companies in the bioscience, media and content distribution, footwear and apparel, and manufacturing and distribution industries. He regularly represents his clients on a broad range of technology and other related transactions both in the U.S. and internationally, including patent and technology licensing; software licensing; trademark, copyright and content licensing; collaborations and consortia; research and development; technology transfer; and other transactions and agreements concerning the development, protection, commercialization, and use of intellectual property rights.

Prior to joining Stoel Rives, Matthew was a shareholder at Schwabe, Williamson & Wyatt, P.C., where he was the leader of the firm’s Trademark, Copyright and Transactional IP practice group, as well as the firm’s Technology Industry group.

When: Wednesday, June 28th, 2017 12:00 – 1:00 pm
Where: Kell’s Irish Restaurant & Pub, 112 SW 2nd Ave., Portland, OR 97204 (503) 227-4057
Cost:
$22 for Technology Law members;
$27 for other bar members and non-lawyers;
$18 for students.
This cost includes lunch.
MCLE Credit: The Technology Law Section will apply for one (1) general CLE credit

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Project management in software is both changing and has changed, and in the last decade the Agile method has become dominant. Initially, Agile (and its many related specific methods) was adopted by software companies themselves, who were able to implement iterative processes by forming teams and focusing on sprints without affecting product release dates. But as Agile has been adopted by contractors, it has exposed constraints of the typical form of services contracts. Traditional project management and traditional contracts could rely on an SOW attached to a services contract, describing milestone dates and deliverables, together with the fees and costs. Agile, which emphasizes flexibility and adaptability, may require a different approach.

This session provides perspective on how to bring contracting practices in line with Agile development methods. Presenters, John Grant and Leigh Gill, bring experience from their backgrounds inside software companies, as consultants, and through their work as project managers. They will also discuss how Agile principle are being adopted and used increasingly by lawyers and law firms, and the future of the agile lawyer.

Presenters:
John E. Grant is Founder of the Agile Attorney Network, a resource for lawyers and legal teams looking to harness the tools of modern entrepreneurship to build more successful, sustainable, and scalable practices. He also leads the legal project management and process improvement function for Fisher Phillips, a national labor and employment firm. John has been working at the intersection of Agile and Legal since 2013, and has trained hundreds of lawyers how to use Agile methodologies for increased productivity and greater delivery of client value. He can be reached through the contact page at AgileAttorney.com.

Leigh Gill is a second career lawyer, having worked previously as a software project manager. Leigh is an attorney at Immix Law Group, a law firm for growing companies with offices in Portland and Seattle, and seeks to recognize and support business realities while providing superior legal services. Leigh’s practice is primarily intellectual property and technology, informed by his experience on the business side, and driven by a desire to help great ideas enter the world.

When: Tuesday May 30th, 2017 12:00 – 1:00 pm
Where: Kell’s Irish Restaurant & Pub, 112 SW 2nd Ave., Portland, OR 97204 (503) 227-4057
Cost:
$22 for Technology Law members;
$27 for other bar members and non-lawyers;
$18 for students.
This cost includes lunch.
MCLE Credit: The Technology Law Section will apply for one (1) general CLE credit

Please make checks payable to “Oregon State Bar.”

of the Oregon State Bar

Author: awall

CLE: Part 2: Best Practices for Software License and Development Agreements

CLE: Part 1: Drafting Contracts in an Agile World

Part 1: Drafting Contracts in an Agile World, and the Gymnastics Required