Technology Transactions

We draft and negotiate information technology agreements. These include software licenses, SaaS and cloud computing agreements, domestic and foreign outsourcing contracts, IT distribution agreements (VAR, OEM), joint development agreements, data “licenses,” and IT professional services contracts, as well as sales of hardware, semiconductors, and semiconductor IP cores.

We also advise clients on the issues created by open source software licenses, particularly copyleft licenses. We have particular expertise crafting programs to determine appropriate use of copyleft software, avoid inappropriate use, and segregate viral-licensed software from other applications.

Internet & E-Commerce

We handle legal issues specific to e-commerce and the business of the Internet. These include data security, online trademark and copyright issues (fair use, etc.), and spam law. We negotiate and draft e-commerce contracts, including Internet collocation and hosting agreements, ISP terms of service, online service level agreements (SLA’s), acceptable use policies (AUP’s), and link-exchange agreements.

Trade Secrets & Other IP Advice

We advise clients on a wide variety of intellectual property issues. We have particular experience in setting up trade secrets programs – ensuring protection of secret sauces, R&D, business plans, and other sensitive information. We also help protect and maintain portfolios of other IP assets, including brands, designs, and new technologies.


We advise on compliance with privacy laws and regulations. Our work includes HIPAA advice and business associate agreements (BAA’s), GLBA advice for financial institutions and their vendors, and crafting of employee-facing and customer-facing privacy policies, as well as advice about the other privacy issues that arise in commercial contracts. Our clients include cloud computing companies hosting third party data, including data from Europe and abroad.

Big Data

We draft and negotiate licenses and other contracts related to big data. And we advise on rights and responsibilities related to data analytics and data “ownership,” including privacy, data security, copyrights, trade secrets, and anonymization.

Social Media

We help social media vendors create contracts and policies for management of their customers and users. And we help customers understand social media rules and laws and make effective use of them for advertising and promotions.

In addition, we draft and negotiate marketing agreements and professional services contracts related to online marketing and exploitation of social media.


Our founder, David Tollen, provides one-day and two-day training on drafting and negotiating technology contracts. His book, The Tech Contracts Handbook, serves as the courses’ primary text.

Workshops are available for corporations, government agencies, and law firms. Corporate and government in-house trainings are available for contract managers, procurement officers, salespeople, and other businesspeople, as well as for lawyers.

David Tollen is an experienced and accomplished speaker. His style is upbeat and highly organized, and he seeks to involve participants in the discussion as much as possible. David is also passionate about organizing complex materials into simple lessons. He is an experienced tech industry presenter, and he’s been invited to speak or train before lawyers and businesspeople at Google, the California CIO’s office, BMW’s Silicon Valley licensing team, the Licensing Executive Society, state and local bars, and a long list of technology industry groups and companies.