David Tollen is the author of the American Bar Association’s bestselling manual on technology contracts, The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other IT Contracts, for Lawyers and Businesspeople (ABA Publishing / IP Section 2015).

David represents buyers and sellers in cloud computing, big data, and software licensing agreements, among other technology transactions. He also provides advice and assistance related to e-commerce, social media, industrial design, and intellectual property. He has broad experience with large-scale technology outsourcing, protection of electronic data, international transactions, complex software integration agreements, and procurement contracts for financial institutions, among other matters.

In addition, David provides in-house and public trainings on drafting and negotiating technology contracts, for lawyers and for contract managers, salespeople, financial executives, and other businesspeople. He’s a frequent speaker on IP and IT legal issues. He also serves as an expert witness in litigation about IT contracts.

David founded Sycamore Legal. He has served as General Counsel of a publicly traded software company, as Vice President of Business Development for a profitable technology start-up, and as an associate with Morrison & Foerster LLP.

In his spare time, David writes about history for young people. He’s the author of an award-winning educational novel called The Jericho River (Winifred Press 2014). (You can learn more about David’s non-legal writing at his fiction website.)


JD, Harvard Law School, cum laude, 1993

Ll.M., Cambridge University (U.K.), Queens’ College, 1994

B.A., U.C. Berkeley, with highest distinction in general scholarship, 1990

Publications & Speaking Engagements

  • The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other IT Contracts — for Lawyers and Businesspeople, Second Edition (ABA Publishing / IP Section 2015) — book
  • — leading contributor, portal in IT contracts; 2016
  • The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople (ABA Publishing / IP Section 2010) — book
  • Articles Archive: — articles
  • Trainings on IT Contract Drafting and Negotiations, various fora, 2005-2017
  • Big Data Licensing presentation, Advanced Licensing Agreements 2018 Practicing Law Institute (PLI) conference, January 23 and 24, 2018, in San Francisco.
  • Buyer and Seller Perspectives on Open Source in Tech Contracts, webinar in cooperation with Black Duck Software /available on demand, November 30, 2017
  • IT Contracts Risk Control: Reducing Tech Providers’ Liability — seminar, October 3 2016, TechAssure Fall Conference, Seattle
  • Cloud Computing Contracts 101 — recorded seminar / available on demand, September 22, 2016, the Barrister’s Club of San Francisco
  • Cloud Computing Contracts 101: Seven Key Clauses & Seven Common Mistakes — webinar, June 7, 2016, American Bar Association
  • What You Need to Know About the Cloud Services You Use — podcast/interview, April 26, 2016, through
  • Cloud Computing & IT Contracts: Central Clauses and Common Mistakes — webinar, November 5, 2015, International Association for Contract and Commercial Management (IACCM)
  • Tech Contracts: Tackling Data Breaches, Patent Trolls, IP Gremlins, and Other Monsters — seminar, October 22, 2015, San F rancisco Intellectual Property Law Association
  • Negotiating Cloud Contractsarticle, July 2015, Financier Worldwide
  • The Contract Drafter’s Job — guest lectures, February 2014 & 2015, Santa Clara University
  • Cloudy with a Chance of Contracts: How to Negotiate SaaS and Other Cloud Agreements — live & webinar, November 2, 2014, Continuing Education of the Bar, Oakland CA,
  • Cloud Computing Strategies & Pitfalls, — live program, October 8, 2014, The California Banker’s Association, San Diego CA
  • SaaS & Other Cloud Computing Agreements — live program, February 27, 2014, IP Section of the Barrister’s Club of the Bar Association of San Francisco, San Francisco CA, September 18, 2014
  • Drafting Cloud, Software, and other Tech Contracts: Getting IP and Commercial Terms Right — live program, February 5, 2014, IP Section of the California Bar
  • Cloud Computing Agreements — webinar, January 8, 2014, Licensing Executive Society of the USA and Canada
  • Ready-to-Sign License Agreements — article, November 19, 2013, Tech Transfer Central
  • Master Class on Indemnity in IT Agreements — live program, April 25, 2013, State Bar of California
  • Radio Interviews on 33.Voices, Stu Taylor on Business, and (on University Ready-to-sign-Licenses), 2013
  • Cloud Computing Agreements — February 21, 2013, National Business Institute (NBI)
  • IP and IT in the Cloud: The Business Lawyer’s Newish Job in the World of Cloud Computing and SaaS — live program, October 26, 2012, The 11th Annual Conference on Recent Developments in IP Law and Policy, Golden Gate University
  • Tech Agreements in an Online World: Eight Key Clauses and the Misunderstandings that Burden Them — live program, September 14, 2012, The 2012 IP and the Internet Conference, Intellectual Property Law Section of the State Bar of California
  • A Legal Primer on Emerging Business Models in Cloud Computing — June 6, 2012, The American Conference Institute’s 2nd National Forum on Negotiating and Executing Effective Agreements for Cloud Computing
  • Drafting & Negotiating SaaS and Cloud Contracts: Mysteries De-Mystified, Myths De-Bunked, and Clouds Rolled Back — live program, April 24, 2012, San Francisco IP Law Association
  • Six Lessons for Drafting and Negotiating Better IT Agreements — October 25, 2011, Cyberspace Committee of the Business Law Section of the State Bar of California
  • Negotiating & Drafting IT Agreements — live programs, September 2011, State Bar of Ohio
  • SaaS and Cloud Computing Agreements: Key Drafting and Negotiation Issues — teleseminar, July 19, 2011, Intellectual Property Law Section of the California Bar
  • Tech Contracts: Nine Lessons for Negotiating and Drafting Better IT Agreements — teleseminar, July 12, 2011, American Bar Association
  • Technology Agreements: Negotiation & Drafting — October, 2009, The California Banker’s Association
  • Software Copyright Licensing October, 2008, The San Francisco IP Law Association
  • Technology Agreements: Basics for IP Attorneys and Generalists — April 2008,The Bar Association of San Francisco

Admissions & Professional Associations

State Bar of California

The International Association for Contract & Commercial Management: 2017-present

American Bar Association IP Law Section: 2010-present

San Francisco Intellectual Property Law Association (SFIPLA), Board-Member: 2009-2015

Financial Institutions Committee of the Business Law Section of the State Bar of California: 2009-2011

Cyberspace Committee of the Business Law Section of the State Bar of California: 2006-2009