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Stories by Mark Grossman

Done deal

You have finally signed that big deal that took forever to negotiate. Regardless of whether it was a SaaS, managed services, or cloud computing deal, you are just glad the deal is finally wrapped. After pen is put to paper and the contracts are all signed, you pop the corks, thank your tech lawyer for his great work, send him home, and get back to your "normal" duties as CIO. The legal part is mercifully over and now you can get back to business sans lawyers.
I hate to tell you this, but that is the wrong approach in tech deals, and in fact, is the wrong approach in any big deal of any kind. You must keep your contracting team intact and functioning in order to receive the full benefit of your negotiations, to fully protect your interests, and to help you manage your vendors. Keeping your tech attorney on your team helps you focus on other things while he manages the legal aspects of your relationship with your vendor. A little delegation here goes a long way, and could make you look good in the eyes of your Board.

Written by Mark Grossman16 Sept. 09 22:00

How to Guard Your Trade Secrets (and Why You Must)

Trade secrets are key to the survival of any business, but if you aren't careful, modern technologies like BlackBerrys and USB drives (or loose lips) can help them walk right out the door--and without a well-written contract, you may have little legal recourse.

Written by Mark Grossman30 Jan. 09 06:10

How to negotiate contracts

Businesses buy computer-related goods and services all the time. Just to name a few examples, they buy consultants and technicians' time, custom programming, software and hardware. The way the parties usually handle the paperwork is that the vendor gives the customer their form and the customer signs it. After all, the form is printed so it can't be changed. Wrong!

Written by Mark Grossman23 Dec. 08 22:00

Technology Contracts: Lawsuits Waiting to Happen

Got a technology contract to cover your latest deal, like an acquisition, merger or commercial transaction? It may not protect your interests the way you think it does. Horribly written contracts for tech and telecom deals cross my desk every day--they're a lawsuit waiting to happen. When a lawyer writes a contract, he should be writing a document that tells a story about the deal, albeit with a tilt toward his client. Often, what I see isn't a tilt--it's illiteracy.

Written by Mark Grossman30 Sept. 08 13:25