Osgoode’s Certificate in Negotiating and Drafting IT Agreements is an innovate course offering a deep dive into all aspects of structuring, negotiating and drafting IT agreements.
Led by P. Bradley Limpert, an expert faculty of legal and IT specialists from leading technology companies will provide you with the knowledge and practical skills you need to competently and confidently negotiate and draft IT agreements.
Over four intensive days you will acquire a comprehensive overview of key factors relevant to structuring an IT agreement, and practical tools which will enable you to draft and negotiate the contentious clauses. You will also learn the critical business, technological, and IP aspects underlying IT agreements, so that you can approach your contracts with a thorough grounding in fundamental concepts. Topics include:
Your learning will be enhanced and reinforced by putting what you’ve learned into action with small group, skills-based “learn by doing” drafting and negotiation workshops where you will receive personalized feedback from experienced IT agreement professionals.
In addition to the comprehensive course materials, participants will receive the text Technology Contracting: Law, Precedents and Commentary, which includes checklists, annotated sample agreements, and precedents.
Module 4 (April 18) is also available for individual purchase.
February 11, 2016, 8:45 a.m. – 5:15 p.m. EST
Module One will provide you with the foundational knowledge you need to maximize your understanding and participation in the remainder of the certificate. You will learn the critical IP and technological aspects of IT contracts, IT systems and system development, as well as the key cross-border and ethical issues that need to be considered when approaching IT agreements.
Increasingly, the scope of technology agreements extends beyond Canada and may engage foreign parties. This session will address multi-jurisdictional issues that affect IT contracts, including factors affecting the scope and terms of cross-border agreements and the protection of IP rights and conﬁdential/personal information across jurisdictions.
*Module 1 available by webcast
February 19, 2016, 9:00 a.m. – 5:15 p.m. EST
In Module 2 we will continue to examine the essential underlying concepts required for negotiating and drafting IT agreements. The discussion will drill down on strategies for allocating liability in an IT contract, and security and privacy issues. The focus will then shift towards examining specific types of IT agreements, including confidentiality, escrow and software development agreements. The day will conclude with an interactive negotiation demonstration which will highlight best practices for negotiating performance warranties and guarantee clauses.
This session will examine two much used but under-appreciated agreements: Non-Disclosure Agreements (NDAs) and Source Code Escrow Agreements. Learn how to minimize the risks of disclosing and receiving confidential information, as well as the common problems and pitfalls with escrow agreements.
This interactive session will provide participants with an opportunity to observe a live negotiation from the supplier and customer perspectives. The panel will examine various negotiation positions, as well as provide guidance on the strategic use of language when drafting these important clauses.*Module 2 available by webcast
April 1, 2016, 9:00 a.m. – 4:30 p.m. EST
In Module 3 we will continue to examine specific types of IT agreements, including outsourcing, support and maintenance and software licensing agreements. Rounding out the day, three expert faculty members will deliver our second interactive demonstration session, focusing on the negotiation of a License Agreement from the perspective of both supplier and customer.
Participants will observe experienced practitioners negotiate the key elements of a License Agreement, and will learn tools to effectively address such issues as payment terms, scope, ownership of IP, strategies for negotiating value-adds, and governance provisions.
*Module 3 available by webcast
April 18, 2016, 9:00 a.m. – 5:00 p.m. EST
In Module 4, you will have an opportunity to put into action what you have learned. The day will feature two small group, interactive workshops, plus a presentation on advanced negotiation techniques by leading IT and negotiation experts.
In this hands-on, small group workshop, you will have a valuable opportunity to receive personalized feedback from our expert faculty on your drafting skills. Prior to the module, participants will be provided with a fact scenario and segments of a License Agreement and asked to re-draft and submit various key clauses for discussion in the workshop.
*NOTE: Advance preparation is required for the drafting workshop.
An expert panel will examine advanced negotiating skills from both the vendor and customer’s perspective. The focus will be on practical skills including redirecting the negotiation through reframing; strategic use of caucuses and breaks; balancing empathy and assertiveness; and building and managing a negotiating team. You will also learn about offer-concession strategies, dealing with obstructive tactics, and best practices for closing the transaction.
Building on the fact scenario from the morning session, you will work in small groups and engage in a mock negotiation representing the interests of either the vendor or customer. This is an interactive session in which you will receive personalized feedback and guidance from an expert facilitator.
*NOTE: Because of the interactive nature of the day, in person attendance is required for this module.
Module 4 is available for purchase as an individual session. Click here for details
You will receive the Osgoode Certificate upon completion of the program (which includes attending all 4 modules, and participating in the drafting workshop and mock negotiation). Please note that modules 1-3 may be completed in person or by webcast. However, all registrants must attend module 4 in person.
Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Payment plan details below. Dress is business casual.
We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after January 21, 2016 will include an administration charge of $700. No refunds will be issued after the program commences. Non-attendance or withdrawal after the program start date will incur a full program fee. Payment must be received by January 28, 2016.
If you have any questions or would like more information please contact:
February 11 & 19, April 1 & 18, 2016
Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON
Can’t attend the full program in person?
Webcast is available for Modules 1 - 3.
$2495 plus HST
Registration for this program is now closed.