Terms of Service with Justin MacFayden

In this episode, attorney Steve Sedberry shares his views on trademark licensing best practices using a deceptively short agreement. Sedberry explains: A company’s obligation to preserve and capitalize on a mark’s value; The law’s focus on consumer protection rather than commercial benefit; and Why negotiations are the time to be thorough when it comes to leveraging a trademark. Find the original contract here: https://www.lawinsider.com/contracts/lQok8kw3gbB  

How are college athletes just like online influencers—and how are they not? In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues. Gibson underlines: •Term considerations that are unique to college athletes, •The difficulty of using a school's brand, •Scheduling difficulties for very busy athletes, and •An overall assessment of the amateurism re-regulation and the growth of NIL deals. Review the contract here: https://www.lawinsider.com/contracts/iaKyZVblAh1

In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA). Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks. Kashyap uses Salesforce's agreement to illustrate a few important principles: •Roles must defined, particularly as they shift during an engagement, •Liability should be clear in the event of a plausible data breach, and •Counsel must understand that not-urgent is not the same as not-important when it comes to data risks. Review the contract here: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf

Alcohol distribution agreements are deceptively simple. They appear like so many distribution agreements, but the compliance environment is so localized that you can really get yourself in a bind if you're not careful. In this episode of the Contract Teardown show, experienced alcohol compliance attorney Kristina Perry Alexander details the risks associated with this seemingly simple documents. Alexander points out: The specificity of state-level alcohol regulation, The difficulty of choosing governing law jurisdictions, Complexities around direct-to-consumer distribution, and Signals that you should connect with experienced alcohol compliance counsel for your distribution agreement. View the contract here: https://www.lawinsider.com/contracts/h4xMKCdsj7

Non-Disclosure Agreements can be more than rote processes you hate. According to Ehteshamul Haque, they can lay the groundwork for successful deals. In this episode, Haque explains both the practical and philosophical elements of an NDA, including: • How power relationships impact mutuality,  • The trouble with authorized representatives,  • The reality of working with contractors, and • An NDA's role in laying the foundation for a deal. View the contract here: https://www.lawinsider.com/contracts/6imvHw2Ci5R

In this episode, attorney Sivonnia DeBarros uses an Endorsement Agreement with Dwyane Wade to explain Name, Image, and Likeness (NIL) concepts to student athletes. As is important in all contracts, DeBarros underlines the power dynamics and long-term goals of athletes as drivers for negotiating. DeBarros points out the need for specificity when surrendering any control over the use of your persona, and the importance of contextualizing the cash opportunity. Find the contract here: https://www.lawinsider.com/contracts/4sLtgt3mJ1d

In this episode, Professor Marcia Narine Weldon joins Mike to discuss building your company's customized playbook for severance agreements. After explaning the stakes for these contracts, Professor Weldon invites listeners to join an upcoming workshop to design your own severance playbook. Here are the details about the workshop: Companies and legal departments are managing more layoffs than ever before. Building a well designed Severance Agreement Playbook is a critical function for every legal team in 2023.  Law Insider invites you to our live and interactive Severance Agreement Workshop led by University of Miami Law professor, Marcia Narine Weldon. Professor Marcia Narine Weldon is an accomplished legal expert and Director of the Transactional Skills Program at the University of Miami School of Law. A cum laude graduate from both Harvard Law School and Columbia University, she brings decades of experience, having worked as a commercial litigator in New York, employment lawyer in Miami, and as the Vice President and Deputy General Counsel for Ryder, a Fortune 500 company. Register for the Workshop Date: Wednesday, June 7th, 2023 Time: 10am PT / 1pm ET Duration: 2 Hours *Recording available for 30 days after the workshop. The Law Insider In-house Workshop Series is dedicated to delivering practical lessons and actionable resources on the most critical legal and transactional skills for in-house attorneys. This isn't a lecture. It's a hands-on and interactive workshop where you'll develop your own playbook for severance agreements.  https://knowledge.lawinsider.com/severance-agreement-workshop/

In this episode of the Contract Teardown show, Adam David Long highlights changes to Bing’s Terms of Use since they’ve added ChatGPT functionality. Long draws attention to risks related to: -Companies training their product with user inputs, -Commercial versus non-commercial uses, -Unreliability of AI outputs, and -Promises by both companies and users to not infringe on IP rights. View the contract here: https://www.bing.com/new/termsofuse

How do you balance the requirements of good drafting, being both accessible and thorough? Those goals seem to contradict each other. In this episode, Attorney Akash Kashyap addresses this conflict using the Nintendo Switch family of product’s End User License Agreement. View the contract here: https://en-americas-support.nintendo.com/app/answers/detail/a_id/48058/~/nintendo-switch-family%3A-user-agreement

Entertainment attorney Julia Holt joins the Contract Teardown to discuss a license agreement between entertainment superstar Cardi B and an innovative alcohol brand. Holt notices some themes in her analysis: Cardi B has A LOT of power in the relationship, That power is reflected in some long-winded, artist-friendly terms, and Few artists have that power, but they can still rethink how they earn. Review the contract here: https://www.lawinsider.com/contracts/3GFFTrJdUS7