Contract Law

Game Theory: Improving Legal Negotiation Outcomes

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Game theory chess

More and more lawyers are using the science of game theory to help achieve better contractual and financial results in negotiations for their clients. But what is game theory and how can it be used to transform legal and business outcomes? What is game theory? Back in the 1700s Scottish economist, Adam Smith, proposed the idea that people’s […]

Contract Law

Entire agreement clause pitfalls: supplier beware

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Contract entire agreement clause

An entire agreement clause, including a no-reliance provision, can protect a party where the other parties tries to rely on a pre-contractual statement that it alleges the first party made orally or which is set out in other documents. What is a pre-contractual representation? In IT and telecommunications deals a pre-contractual representation is generally an oral or a written statement that […]

Contract Law

Benchmarking Clauses in Technology Agreements

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Benchmarking clause contract

Exclusivity and best service pricing in outsourcing Outsourcing and managed network services contracts are typically longer term arrangements that run for terms of four to seven years. Often customers agree to an exclusive or part-exclusive relationship with a supplier in order to secure the supplier’s best pricing. In return, the customer is usually ‘locked in’ to […]

Contract Law

How safe is the EU/US Safe Harbor in Ireland?

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The EU Data Protection Directive 95/46/EU (which is transposed into Irish law by the Data Protection Act 1988 – 2003) provides that organisations transferring personal data from Ireland (or from anywhere in the European Economic Area) to countries outside the European Economic Area must ensure that recipient country provides an ‘adequate’ level of data protection. (The European Economic […]

Contract Law

Legal issues in offshore outsourcing of services

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There are a number of commercial risks and legal issues with offshore outsourcing that all organisations should be aware of prior to signing an outsourcing contract. What is offshore outsourcing? In an offshore outsourcing model, a company engages a service provider to perform business functions (for example, call centres for a telecommunications company or claims […]

Contract Law

Gig Economy App Services: Licence to Disrupt

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gig economy sharing

Gig Economy We are living in the age of the gig economy. It is causing disruption all around us. Technology, the online marketplace, and the internet of things (IoT) is rapidly changing the status quo at a phenomenal and unyielding rate. The so called ‘gig economy’ (also know as the sharing economy) and its apps […]

Contract Law

Locking Horns: The Differences Between Jurisdiction and Governing Law

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Differences between jurisdiction and governing law

Number 1 Takeaway: Jurisdiction and governing law clauses address different things Jurisdiction and governing law are different. Because of the differences between jurisdiction and governing law, parties should draft them clearly and ideally in separate clauses in a contract. But what exactly are the differences between jurisdiction and governing law clauses? In this article I will […]

Contract Law

Best Governing Law For Technology Contracts

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Where can I sue and what law will apply? The effect of the terms of a contract and how they are interpreted can differ a lot depending upon which country’s laws govern them. All commercial entities want to select the best governing law for their contract and make sure that their disputes are heard somewhere that is convenient and pro-business. Parties […]

Contract Law

7 Steps To Love Your Next Outsourcing Contract

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Customers enter ICT outsourcing contracts for a number of reasons, including to save money, use the specialist skills and experience of a third party supplier, and/or transfer risk to the supplier. In an outsource, a customer will be generally transferring responsibility for non-core internal business functions to the outsourcing provider. It is therefore important to […]

Contract Law

Service Levels: Part 2 – Drafting Service Levels / SLAs Effectively

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Drafting Service Levels That Work Drafting service levels and service level agreements (SLAs) that are appropriate, and managing the service levels correctly, provides a number of benefits for both parties to a commercial IT contract or outsourcing contract. As discussed in my previous article, service levels provide a customer with a way to measure the success of the delivery of […]