ABA book addresses cloud computing agreements

The American Bar Association Business Law Section has published “Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements” that provides best practices to effectively review, evaluate, draft and negotiate cloud computing agreements.

The one-sided, standard boilerplate agreements for cloud computing are slowly evolving to meet regulatory and legal environments, and not all cloud agreements are created equal.

This guide, edited by Lisa R. Lifshitz and John Rothchild, will help lawyers create agreements that are more clearly expressed and better suited to their customers’ needs, taking into account the technological, business and legal considerations of an organization’s use of cloud computing technologies.

“Cloud 3.0” is intended to teach lawyers and others to understand cloud agreements, providing best practices when drafting and negotiating cloud computing agreements, including:
• How to evaluate vendors and recognize agreements that heavily favor the vendor

• Detailed analysis of service levels in cloud agreements, enabling you to negotiate for guarantees that will serve your clients’ needs

• Warranties, indemnities and limitations of liability in cloud contracts

• Best practices for cloud privacy and maintaining security

• Tips for effective cloud negotiations to better arm you to create “win-win” agreements

• Alternative dispute resolution, litigation strategies and bankruptcy considered in the context of cloud agreements

• Mitigating risk through cyber-liability insurance

Negotiating the exit from a cloud contract and ensuring successful transition, whether to another provider or an in-house solution

Lifshitz is a partner in Torkin Manes’ Business Law Group in Toronto and is the leader of the firm’s Technology, Privacy & Data Management and Emerging Technology Groups. She has expertise in preparing and negotiating technology agreements, including cloud and managed services, mobile payment, system acquisition and master services agreements. She also advises on privacy, data security and cybersecurity legal matters and provides guidance on IoT, AI/smart contracts, blockchain and open source issues.

Rothchild is a professor at Wayne State University Law School in Detroit. He specializes in intellectual property and technology law, teaching courses including The Law of Electronic Commerce, Copyright Law, Constitutional Law and Trademarks and Unfair Competition. He is editor of the ABA Cyberspace Law Committee’s annual Survey of the Law of Cyberspace, and has edited several books about technology law.