Manufacturing & Distribution

Michele Cohen, a principal in the firm’s Baltimore office, participated in the Software Licensing and Cloud Computing Boot Camp: Successful Contracting in an Ever-Changing Environment event hosted by the Maryland State Bar Association Learning and Publications Department.

Program Description:

This program will explore the issues that arise in negotiating software licenses and cloud computing agreements. Experienced in-house and outside counsel representing both vendors and customers will discuss “what is market” for limitations of liability, data breach, representations and warranties and other significant issues. The panelists will identify issues and then provide practical solutions that will help parties to reach agreement. Among the issues to be discussed are:

• Online Terms: Enforceability and Customer Self-Protection Limitation of Liability for Data Breaches
• What’s Appropriate, Especially Post-GDPR and CCPA?
• Compliance with Laws: Who Should Be Responsible for What?
• Vendors’ Use of the Customer’s Data: What’s Appropriate, and When. Indemnification: What is the Market in Four Key Areas?
• Force Majeure Clauses: Are they appropriate when the contract contains SLAs?
• Does “irrevocable” really mean irrevocable?
• Indemnification for IP infringement: Are there any limits?
• Diageo v. SAP: The importance of drafting usage rights

Instructors:

• Ward Classen
• Benjamin Beiter
• Michele Cohen
• Ali Emadi
• Tobey Marzouk
• William McComas
• Ryan Sweigard
• Geoffrey Hervey