April 18, 2012 |   I have written before about the risks of clauses in technology contracts giving the vendor broad and, usually, undefined rights in aggregated data of their customers. Specifically, I have talked about the need for specificity as to what constitutes “aggregation” (e.g., combination with other...

February 09, 2012 |   A growing number of cloud and other technology agreements include grants to the vendor of broad and generally undefined rights to take “aggregated data” derived from the engagement and use it for unspecified purposes. Businesses should be aware of these clauses and revise them to accomplish two...

December 27, 2011 |   Happy holidays to everyone. As we end another year, I have thought about ways businesses can improve their vendor and supplier relationships – specifically, ensuring vendor performance conforms to the requirements of the relevant contract documents. It is in this area that many businesses have...

November 11, 2011 |   A few weeks ago, I wrote about the various methods used by businesses in addressing shrink-wrap, Web-wrap, and click-wrap agreements. As discussed, there are essentially three methods of addressing the risk of shrink-wrap agreements: blind acceptance, knowing acceptance, and mitigation. In my last...