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Contract Negotiation Crucial Before Website Development

2 April 2007
It's a nightmare scenario. You're in charge of your company's major Web site redesign project and the site is horrendous. Even your mother hates it. As you consider where to mail your resume, you might want to consider what you'd do differently next time. Tech projects fail for many complex reasons. ... (read more)

One-Size-Fits-All Approach to Tech Contracts Will Fail

16 March 2007
Horribly written contracts for tech deals cross my desk every day. They are lawsuits waiting to happen. When a lawyer writes a contract, he should be writing a document that tells a story about the deal, albeit with a tilt toward his client. Often, what I see isn't a tilt, it is illiteracy. When I started ... (read more)

Consider Letters of Intent Carefully

15 February 2007
Letters of Intent are always non-binding documents. My clients are always telling me this. Apparently, it's what their Uncle Charlie told them. I have nothing against Uncle Charlie, but he's wrong. A Letter of Intent (LOI) could be the beginning of the end. Over the last few years, being a technology ... (read more)

The 'Norms' of IT Contracting

19 December 2006
The world of computers and information technology (IT) has developed some unusual norms in warranties and allocating risk. In other industries, they might seem absurd, but not in IT. As long as you understand the significance of the way IT contracts are done, you can come to a fair deal. As a preliminary matter, let's clarify that I'm using the broad term "IT" in a broad sense. ... (read more)

Disaster Recovery

29 September 2006
Fire, earthquake, hurricane, flood, terrorism and sabotage are just a few of the ways that you could lose your entire computer operation almost instantly. Is your business prepared for these possibilities? When Hurricane Andrew blew through Miami, my house was about one mile from the northern eye wall. ... (read more)

Preventing Computer Crime

29 August 2006
Hollywood and newspapers love computer crime. It sells tickets and newspapers. For movies, it's an area that's ripe for artistic license since so few people understand the realities surrounding computer crime. Words like "password sniffers," "Trojan horses," "denial of service," and "salami attacks" attract attention. ... (read more)

Negotiating Computer Contracts

2 June 2006
Businesses buy computer-related goods and services all the time. Just to name a few examples, they buy consultants' and technicians' time, custom programming, software, and hardware. The way the parties usually handle the paperwork is that the vendor gives the customer their form and the customer signs it. ... (read more)

Custom Software - Part II

19 May 2006
Last column I started the discussion of custom software development agreements. Undoubtedly, they're one of the most difficult types of contracts for technology lawyers to write. This week, I'll complete the discussion with some additional items that you should consider in your agreements. Performance ... (read more)

Custom Software

28 April 2006
In a perfect world you would be able to walk into a store or pick up the phone and get the perfect software. However, as you may have noticed, we don't live in a perfect world. Often, the best (or only) option is to buy software custom-made to fit needs of your business. Having software custom-made or ... (read more)

A Scarlet Letter for Your Company

15 April 2006
Co-authored by Tate Stickles Today's nightmare. You maintain a database of your customer information on your computer. (Who doesn't?) Your system gets "breached" by a bad guy. You get sued. Ouch. Let's start by clarifying "breach." By "breach," I mean a break-in by either your own employees because ... (read more)

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Mark Grossman
Mark Grossman