How are college athletes just like online influencers—and how are they not? In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues. Gibson underlines: •Term considerations that are unique to college athletes, •The difficulty of using a school's brand, •Scheduling difficulties for very busy athletes, and •An overall assessment of the amateurism re-regulation and the growth of NIL deals. Review...

In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA). Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks. Kashyap uses Salesforce's agreement to illustrate a few important principles: •Roles must defined, particularly as they shift during an engagement, •Liability should be clear in the event of a plausible data breach,...

Alcohol distribution agreements are deceptively simple. They appear like so many distribution agreements, but the compliance environment is so localized that you can really get yourself in a bind if you're not careful. In this episode of the Contract Teardown show, experienced alcohol compliance attorney Kristina Perry Alexander details the risks associated with this seemingly simple documents. Alexander points out: The specificity of state-level alcohol regulation, The difficulty of...

Non-Disclosure Agreements can be more than rote processes you hate. According to Ehteshamul Haque, they can lay the groundwork for successful deals. In this episode, Haque explains both the practical and philosophical elements of an NDA, including: • How power relationships impact mutuality,  • The trouble with authorized representatives,  • The reality of working with contractors, and • An NDA's role in laying the foundation for a deal. View the contract here:...

In this episode, attorney Sivonnia DeBarros uses an Endorsement Agreement with Dwyane Wade to explain Name, Image, and Likeness (NIL) concepts to student athletes. As is important in all contracts, DeBarros underlines the power dynamics and long-term goals of athletes as drivers for negotiating. DeBarros points out the need for specificity when surrendering any control over the use of your persona, and the importance of contextualizing the cash opportunity. Find the contract here:...

In this episode, Professor Marcia Narine Weldon joins Mike to discuss building your company's customized playbook for severance agreements. After explaning the stakes for these contracts, Professor Weldon invites listeners to join an upcoming workshop to design your own severance playbook. Here are the details about the workshop: Companies and legal departments are managing more layoffs than ever before. Building a well designed Severance Agreement Playbook is a critical function for every...

In this episode of the Contract Teardown show, Adam David Long highlights changes to Bing’s Terms of Use since they’ve added ChatGPT functionality. Long draws attention to risks related to: -Companies training their product with user inputs, -Commercial versus non-commercial uses, -Unreliability of AI outputs, and -Promises by both companies and users to not infringe on IP rights. View the contract here: https://www.bing.com/new/termsofuse

How do you balance the requirements of good drafting, being both accessible and thorough? Those goals seem to contradict each other. In this episode, Attorney Akash Kashyap addresses this conflict using the Nintendo Switch family of product’s End User License Agreement. View the contract here: https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/~/nintendo-switch-family%3A-user-agreement

Entertainment attorney Julia Holt joins the Contract Teardown to discuss a license agreement between entertainment superstar Cardi B and an innovative alcohol brand. Holt notices some themes in her analysis: Cardi B has A LOT of power in the relationship, That power is reflected in some long-winded, artist-friendly terms, and Few artists have that power, but they can still rethink how they earn. Review the contract here: https://www.lawinsider.com/contracts/3GFFTrJdUS7  

At ContractsCon 2023, attorney Shavon Smith walked through a biotech Master Services Agreement.   The interesting context: this agreement was made between two companies responding to Covid the beginning of the pandemic.   In such an unsure time, how can collaborating parties contract fairly and create quickly?   The Master Services Agreement allows them to set flexible and clear terms. Learn more in this live episode.   The Contract: https://www.lawinsider.com/contracts/3CDcawikXgP ...

During ContractsCon 2023, Foster Sayers joined Mike Whelan to discuss OpenAI’s Terms of Service and their application to ChatGPT. According to Sayers, the terms of service may have applied well to the users of OpenAI’s API connections, but perhaps not everyday consumers. Now that ChatGPT is explicitly targeting consumers, should their terms change? Review the contract here: https://web.archive.org/web/20230228014736/https://openai.com/policies/terms-of-use  

In this special episode, Mike Whelan is interviewed by Law Insider's director of business development, Molly Abel. They discuss the vision for Law Insider moving forward and make a special announcement. Head to lawinsider.com/resources for more details.

How detailed should your arbitration clause be? In this episode of the Contract Teardown show, guest Diana Isyanova shares three possible approaches. She argues that the relationship between the parties should dictate options, then the parties themselves should make informed choices. Watch to see how three transactions handled alternative dispute resolution options. Ebook referenced: https://www.lawinsider.com/resources/guides-and-checklists/is-your-arbitration-clause-complete Contracts...

In this episode of the Contract Teardown, privacy consultant Avishai Ostrin explains the Data Processing Agreement, or DPA. The DPA protects companies from privacy breaches on third-party sites and data storage tools like Amazon Web Services or Slack. Listen as Ostrin details the crucial elements of a DPA and what red flags to look out for when drafting. About Law Insider: We’re all about contracts!   Law Insider (https://www.lawinsider.com​​​​) is a subscription-based contract database...

Contracts are part of the whole customer experience, and getting them wrong can undermine relationships your business has fostered for years. In a special interview, three contract experts and gaming enthusiasts tell us how Wizards of the Coast dropped the ball when they rewrote their Open Gaming License. In this episode, we discuss The history of the original Open Gaming License (find our original interview with Bob Tarantino here), Wizards of the Coast’s original attempts at...

Commercial lawyer Lynden Renwick tears down three examples of a limitation of liability clause. He discusses caps, carveouts, and exceptions, then gives his multi-stage model for managing contract risk.   The Contracts:  https://storage.googleapis.com/lawinsider-wordpress/1/2022/12/Peernet-license.pdf https://www.lawinsider.com/contracts/gn4fKDoCp4w#limitation-of-liability https://www.lawinsider.com/contracts/4q8nykvjvsz#limitation-of-liability  About Law Insider: We’re all about...

IP attorney Nancy Delain shares her thoughts on a long-term licensing agreement that doesn’t meet the need. She gives guidance on exclusivity, terms, royalties, and “void for vagueness” claims.   The Contract: https://www.lawinsider.com/contracts/a0bWpzYC1UA    About Law Insider: We’re all about contracts!   Law Insider (https://www.lawinsider.com​​​​) is a subscription-based contract database and resource center that helps over 250,000 lawyers and business owners draft and negotiate...

Washington DC-based attorney Shavon Smith tears down a teaming agreement between Tactical Solutions Options and contracting powerhouse SAIC.   The two companies wished to bid on new federal contracts but, with no particular project in mind, aimed to clarify jobs and relationships. Learn what they did well in their agreement and which red flags you’ll want to look out for as you draft.   The Contract: https://www.lawinsider.com/contracts/8qxHf2SPyy9    About Law Insider: We’re all about...

IP attorney Peter Speroni walks through Royal’s Song Token Purchase agreement. This document builds on new forms of intellectual property ownership, including Non-Fungible Tokens (NFT) that bundle ownership rights. Peter asks important questions about the impact of NFTs on the music industry and the nature of fandom.   The Contract: https://storage.googleapis.com/lawinsider-wordpress/1/2022/10/Royal.ioNasContract.pdf   About Law Insider: We’re all about contracts!   Law Insider...

Attorney Sean Greaney shares his tips for services agreements that let employees leave work gracefully. Often called “garden leave agreements,” these contracts put former employees in a paid work position that keeps them from competing with the company. But, according to Sean, some standard clauses aren’t right for this context. Watch for the red flags he sees in a specific Independent Services Agreement.   About Law Insider: We’re all about contracts!   Law Insider...

Listen as attorney Julie Grantham walks through her own Agreement for Marketing and Brand Development Services. She shares how she works with clients to address concerns while modernizing their understanding of creative work product.   About Law Insider: We’re all about contracts!   Law Insider (https://www.lawinsider.com​​​​) is a subscription-based contract database and resource center that helps over 250,000 lawyers and business owners draft and negotiate contracts more effectively. ...

When your golfing buddy offers advice for your business, do you hire her on as a consultant? How formal should your agreement be? In this episode, attorney Arthur Baker gets practical. He evaluates what must be included in a contractor agreement and where flexibility is more important. Get details on questions like payment terms, expected deliverables, termination, and more. Follow along with Arthur as he reviews this simple but significant agreement. About Law Insider: We’re all about...

When a company lets go of an upper-level employee, they might have them sign a separation agreement, especially when there’s confidential information to protect. In this episode, Mathew Kerbis tears down a Confidential Separation Agreement & General Release of All Claims. Listen as he offers advice on how to smooth an employee’s exit and guarantee company secrets stay privileged. Kerbis also has some great bonus tips on avoiding careless drafting mistakes that you won’t want to miss! ...