As noted in a recent New York Times article, “there is a widespread belief that software and algorithms that rely on data are objective. But, software is not free of human influence. Algorithms are written and maintained by people, and machine-learning algorithms adjust what they do based on people’s behavior.” In an era where big data is used for decision-making purposes, the legal profession grapples with possible hidden bias and the need for greater transparency in the use of black-box algorithms. This session will explore data ethics and the need for its inclusion in information governance conversations within corporations as entities collect, use, and monetize client data. The session will explore C-suite transparency in connection with software used for insider threat monitoring and surveillance, making hiring decisions, and monitoring various forms of employee behavior.
This article provides a quick description and practical tips regarding 10 key contract clauses in professional services agreements.
This is a sample software assignment agreement, under which a consultant provides software and technology development consulting services, and assigns the rights to the software and other deliverables to the client company (including "work made for hire"). The sample includes a choice of Pennsylvania laws.
This is a supplemental presentation for the session.
A panel of experts will discuss the contract clauses that most often cause disputes, even if the disputes are not over large dollar amounts. These disputes can occur for a variety of reasons, such as ambiguity in the contract language, or a requirement for the business to make exceptions to how it normally operates. The panel will provide a list of clauses that often create contract disputes or misunderstandings, and offer guidance on how to use the negotiation stage to avoid future disputes. The panel will also discuss strategies for working with internal clients to make sure the contract's requirements are realistic and complied with by all parties.
This is a list of polling questions asked of session participants.
These are key points to review and confirm prior to reviewing any software license.
These are key issues and provisions to consider for each of a traditional software license and a hosted software-as-a-service agreement.
This interactive session will take participants through a case study involving a traditional business trying to compete with a disruptive online competitor. Faculty will guide attendees to identify ways in which the traditional business could use disruptive technology in its own operations and will focus on the legal issues that the traditional business must resolve to migrate to more innovative service offerings. Key issues discussed will include: How can the traditional business learn from its disruptive competitors to become more flexible? What regulatory issues could impact the transformed business? Is the new business proposition lawful? What is the applicable legal framework for the business? How will the traditional business implement the new arrangements (i.e., can the transformation be carried out in-house or will external resources be required)? What will be the key legal challenges in the operation of the transformed business?
Come to a discussion of best practices for managing commercial software licensing and acquisition of software as a service (SAAS) offerings for internal use and customer deployment. The session will address trends in software and SAAS contracting, cloud computing, and global contracts. A panel of experts will provide practical advice on key clauses and terms found in software licenses and SAAS contracts, including an analysis of the plain meaning and effect of common obligations and responsibilities found in these agreements.