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SaaS Contracts Lawyer: How technical are they?

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Quick Facts — SaaS Agreement Lawyers

SaaS Contracts Lawyer: Checklist of Technical Skills

Anytime there is an emerging field, the legal side will take time to catch up. For SaaS, there is a lot in flux, with legislation and case law changing on a seemingly daily basis. This means that SaaS attorneys have a unique struggle: keeping up with the technical side of the industry and staying on top of changes in the law.

So, how technical does a SaaS attorney need to be? Do they need specific training?

Checklist: Areas of Technical Knowledge SaaS Attorneys Need

When vetting a SaaS lawyer, don’t be afraid to ask them about their knowledge of the field. There is a lot at stake when drafting SaaS agreements, and you want to feel confident that the legal counsel you seek knows what they are doing. SaaS products can have millions of users, so making sure your company is protected is important. Many companies use free agreement templates they find online, which can be risky when the company begins to grow.

Below is a checklist of specific areas of technical knowledge your attorney should have.

The Basics

A quality SaaS attorney should be familiar with the basics of the industry. If they cannot explain how SaaS differs from buying a program upfront, this is not the attorney for you. In addition to knowing what SaaS is and how it differs from installable software, they need to be able to articulate the specific benefits of the industry as well as its potential drawbacks – there are many considerations. Knowing this demonstrates they have the training and can draft agreements that protect you.

Private Clouds

Many businesses are attracted to private clouds because they give them greater control over their data when compared to traditional cloud computing. However, these are not always as large, flexible, or secure as those offered by giants like Amazon and Microsoft. SaaS attorneys should understand where the vulnerabilities lie and how to word agreements so that these are disclosed to the consumer and you are protected.

Data Migration

It is common with SaaS products for data from existing applications and systems to be migrated to a new cloud. This comes with costs that vary based on the scale of the projects, as well as significant risks when it comes to potential data loss or corruption. A SaaS attorney needs to understand how to write agreements that assign the costs and offer you protection when it comes to problems with the data during transfer.

Multi-Tenancy

One way SaaS providers can keep costs low for themselves and customers is by putting multiple clients on the same database. This comes with more risks than private databases, especially as it concerns compromised data. Your SaaS lawyer needs to ensure that the shared nature of databases is disclosed to the customer in their contract, that the risks are touched upon, and that the extent of your liability it outlined.

Of course, this is just a small portion of what a SaaS contract lawyer needs to understand about the industry. The key is selecting a lawyer who is dedicated to working within the SaaS sector and staying on top of the constant changes.

Find Vetted SaaS Contract Lawyers Near You on Contracts Counsel

Protecting your SaaS company means having iron-clad terms of service, privacy policies, data processing agreements, and more. It does not mean finding free agreements online and using them in your software. For custom agreements, you cannot rely on old-school technology lawyers who haven’t kept up with changes in the industry. Instead, work with a high-quality SaaS contract lawyer through ContractsCounsel.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.

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Terry Brennan is an experienced corporate, intellectual property and emerging company transactions attorney who has been a partner at two national Wall Street law firms and a trusted corporate counsel. He focuses on providing practical, cost-efficient and creative legal advice to entrepreneurs, established enterprises and investors for business, corporate finance, intellectual property and technology transactions. As a partner at prominent law firms, Terry's work centered around financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business entities to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As the General Counsel of IBAX Healthcare Systems, Terry was responsible for all legal and related business matters including health information systems licensing agreements, merger and acquisitions, product development and regulatory issues, contract administr

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Since 2002, when I first received my law license and began practicing in criminal litigation, I have dedicated myself to providing competent and impassioned legal representation to my clients. Transitioning into business and intellectual property law and serving the Oregon community under the banner of INTELLEQUITY since 2016, I embarked on a mission to offer an unparalleled level of personalized legal guidance that empowers my clients through understanding, support, and legal mastery. As a seasoned attorney, I recognize that behind every case is a person with a distinct set of emotions, aspirations, and challenges. This is why my approach to legal services is not just about cases and statutes; it's about people and their lives. Whether it's navigating the intricacies of business law or safeguarding your intellectual property, I'm here to provide more than just professional counsel—I offer a compassionate, personalized approach to every case. This means keeping you well-informed at every step, empowering you with in-depth understanding, and steering you towards decisions that are legally sound and, more importantly, right for you.

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After 30 years of practice I large, publicly traded companies, I went out on my own. I engaged in general practice for 10 years before retiring. I continue to do work on a contract basis.

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Las Vegas, Nevada
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Brigham Young University

Dennis Sponer co-founded ScripNet, a uniquely designed Pharmacy Benefit Management (PBM) company in 1997. After serving as In-House Counsel for one of Las Vegas’ largest healthcare conglomerates, Dennis devised a payor based technological solution to the challenge of pharmaceutical payment and remittance. As one of the first workers’ compensation specific Pharmacy Benefit Managers in the industry, Dennis pushed the boundaries of what a PBM can do. ScripNet was a three-time winner of the Inc. 500 and was named to the Inc. 5000 numerous times thereafter. Clients of ScripNet included some of the largest carriers, governmental entities, and self-insured employers in the nation, including FedEx, Starbucks, Lockheed Martin, the Cities of Dallas, Atlanta and Philadelphia as well as the State of Texas and the State of Nevada. After fifteen years of exceptional growth and class leading industry recognition, ScripNet was acquired in 2012 by Optum Healthcare Solutions. After selling ScripNet, Dennis served as Executive Vice President for the acquiring company and was successful in integrating ScripNet into the larger entity. His latest venture, HSARx, was a consumer facing Pharmacy Benefit Manager focused on the owners of health savings accounts. He sold HSARx to SwiftScript in October of 2023. Dennis obtained his Juris Doctorate from Brigham Young University where he served as Note and Comment Editor of the Law Review. He then obtained his Master of Laws in Taxation (L.L.M.) from the University of San Diego. After selling ScripNet, Dennis returned to school to earn his TRIUM MBA, the program jointly administered by New York University's Stern School of Business, the London School of Economics and HEC Paris. Dennis is a member of the 1999 Leadership Las Vegas graduating class, was named by InBusiness Las Vegas to its annual Top 40 Under 40 list, is a graduate of MIT's prestigious Birthing of Giants program and holds a certificate in full stack development from MIT. Dennis is licensed as an attorney in California and Nevada and is a past President of the Las Vegas Chapter of the Entrepreneurs' Organization. He serves on the Southern Utah University School of Business National Advisory Board, the SUU Entrepreneur Leadership Council and the UNLV College of Liberal Arts Board. Through his consultancy, SRX Advisors, Dennis serves as an advisor and legal counsel to various startups, health care technology and artificial intelligence firms.

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Jonathan Wright offers 30+ years of legal and business expertise to clients seeking a trusted advisor. His experience as a CEO and General Counsel for tech, healthcare, and biotech companies enables him to provide seasoned guidance on complex contracts, strategic agreements, and business transactions. Whether you're starting a company, navigating financings, or handling day-to-day corporate legal needs, Jonathan offers valuable insights and support.

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