David W. Tollen

OK
About David W. Tollen
David W. Tollen is an attorney and one of the country's best-known experts on information technology contracts -- and he teaches IT contract drafting and negotiation at the U.C. Berkeley Law School. Separately, David is also the author of award-winning novels that use fantasy to teach history and science, for young people.
David is the author of THE TECH CONTRACTS HANDBOOK: CLOUD COMPUTING AGREEMENTS, SOFTWARE LICENSES, AND OTHER IT CONTRACTS FOR LAWYERS AND BUSINESSPEOPLE -- now in it's 3rd edition, just released in 2021. It's published by the American Bar Association, and the prior editions have consistently ranked as the #1 bestseller for the IP Law Section of the ABA. THE TECH CONTRACTS HANDBOOK is a how-to guide for drafting and negotiating IT agreements, written in simple English.
David is also the founder of Tech Contracts Academy, where he teaches IT contract drafting and negotiation, for lawyers and businesspeople. And he is the founder of Sycamore Legal, P.C. in San Francisco, where he and his staff provide legal services related to software licensing and other IT contracts. He also serves as an expert witness in litigation on these same topics.
Further, David is the author of THE JERICHO RIVER, a young adult novel that uses fantasy to teach world history. THE JERICHO RIVER won first place at both the London Book Festival and the Next Generation Indie Book Awards, as well as a bronze medal in the Readers' Favorite Book Reviews and Awards Contest, among other honors.
David's second novel is SECRETS OF HOMINEA. Another multiple award-winner, it's a middle grade fantasy -- a tale of giants, gnomes, queens, and adventurers -- and it teaches science and history.
David earned law degrees from Harvard Law School and Cambridge University in England, as well as a B.A. in history from U.C. Berkeley.
Customers Also Bought Items By
Are you an author?
Author Updates
-
-
Blog postTech Contracts Academy’s next training will be our June 15 webinar, Top 6 Mistakes in Cloud Computing Contracts. Registration is available now. You can see an excerpt of this webinar from a previous session by clicking here. We are planning several more one hour webinars between now and the end of the year. Each will provide insight into how to negotiate tech contracts better, faster, and with more confidence. We hope you will join us. June Webinar: Top 6 Mistakes in Cloud Computing Cont2 days ago Read more
-
Blog postPlease join David Tollen on Wednesday, May 18, at 10:00 a.m. PDT for a webinar on indemnities, hosted by our good friends at Parley Pro. Over the course of an hour, we’ll explore in depth the least understood, most negotiated, and most mishandled clause in IT contracts. Topics include: Reducing negotiation tension by focusing on the indemnity’s actual, oft-misunderstood meaning; The Cause Problem”: little-known, thorny issues in indemnities involving losses the indemnitor caused (e.g., data i4 days ago Read more
-
Blog postThe 1648 Treaty of Westphalia ended the Wars of the Reformation, laid the foundations for today’s system of nation-states, and drew the key borders of modern Europe. Below is a 100% accurate rendition of the final negotiations.
The post The Treaty of Westphalia, 100% Accurate appeared first on .
6 days ago Read more -
Blog postToday, Russia celebrated Victory Day: the anniversary of Germany’s 1945 surrender in World War II. That milestone offers a lesson about the war in Ukraine, but not the one claimed by Russian President Vladimir Putin. For the past fifteen years, Western nations have ignored one of World War II’s most obvious warnings … possibly until … Continue reading Putin and Appeasement’s Bad Track Record
The post Putin and Appeasement’s Bad Track Record appeared first on .
1 week ago Read more -
Blog postOur series of Tech Contracts Master Classes™ continues on Thursday, April 28th. Don’t wait – enrollment is available now. Our webinars continue also: On May 17, don’t miss Dissecting a Vendor-Friendly Tech Contract, and on June 15, Top 6 Mistakes in Cloud Computing Contracts. Eager to hone your skills in negotiating and evaluating software and cloud services contracts? Our programs are for attorneys and business people. All programs include live Q&A with David Tol3 weeks ago Read more
-
Blog postModern democracy gives us the best governments the world has ever seen. Or maybe Winston Churchill put it better when he said, “democracy is the worst form of Government except for all those other forms that have been tried.” But democracy hasn’t taken root everywhere. And its success has robbed all other governments of legitimacy … Continue reading Democracy Creates a Mess for the Rest of the World
The post Democracy Creates a Mess for the Rest of the World appeared first on .
4 weeks ago Read more -
Blog postOur next series of Tech Contracts Master Classes™ continues on Thursday, April 21st. Don’t wait – enrollment is available now. Eager to hone your skills in negotiating and evaluating software and cloud services contracts? These four on-line Master Classes are for attorneys and business people. All programs include live Q&A with David Tollen, one of the industry’s leading authorities, copies of the slides, and certificates of completion. And enrollment in Master Cl1 month ago Read more
-
Blog postOur next webinar is on April 19th: Data Privacy Terms in Tech Contracts. And our four-class Tech Contracts Master Class™ series is under way. Details below. We hope you will join us. All programs include live Q&A. April 19 Webinar: Data Privacy Terms in Tech Contracts Puzzled about data privacy terms in tech contracts? You are not alone. In this one hour webinar, David Tollen and Kathy O’Sullivan (CIPP/US) will discuss: Data privacy terms to consider even if not required by law for y1 month ago Read more
-
Blog postRevolutionary France had a Black general. His name was Thomas-Alexandre Dumas, and he was born a slave in Haiti — then a French colony — the son of a French nobleman and his African slave. Dumas’ father had little money and actually pawned the boy in 1776, when he was fourteen, but then bought him … Continue reading The Black General in 18th Century Europe
The post The Black General in 18th Century Europe appeared first on .
1 month ago Read more -
Blog postOur next series of Tech Contracts Master Classes™ begins Thursday, April 14th. Don’t wait – enrollment is available now. Eager to hone your skills in negotiating and evaluating software and cloud services contracts? These four on-line Master Classes are for attorneys and business people. All programs include live Q&A with David Tollen, one of the industry’s leading authorities, copies of the slides, and certificates of completion. And enrollment in Master Classes includes a 35% discount o1 month ago Read more
-
Blog postLast week, David Tollen taught a two-hour workshop for the Association of Corporate Counsel (ACC). The ACC Mountain West Chapter held its annual Tech Law Symposium in Salt Lake City. And David taught Key Terms in Cloud and Software Contracts: Intellectual Property, Commercial Terms, and Liability. In other words, ACC held a live, in-person event! Here’s hoping we’ll see more in-person meetings as the nation recovers from the pandemic. The Tech Law Symposium was a big success and1 month ago Read more
-
Blog postLooking for training about technology contracts? Master Classes: Our next series of four on-line Tech Contracts Master Classes begins April 14th and runs weekly until May 5th. Each class focuses on a different topic. And combined, they cover essential topics for understanding and negotiating technology contracts. Webinars: Our April webinar, Data Privacy Terms in Tech Contracts, is highlighted below. Check out techcontracts.com for more information about webinars. All include live Q&A wit1 month ago Read more
-
Blog postToday, Ukrainian President Zelensky called on the U.N. to remove Russia’s permanent seat on the Security Council. That would end Russia’s power to veto Security Council action — including authorization of international military force. The British ambassador tweeted that the United Nations can’t do that. But she’s wrong. Removing Russia’s permanent seat seems unlikely at … Continue reading The U.N. CAN Remove Russia’s Security Council Seat
The post The U.N. CAN Remove Russia’s Security2 months ago Read more -
Blog postWe just discussed privacy terms in tech contracts, in a free short (28 min.) audio/visual program on LinkedIn. Topics covered included: Terms re moving private data to the U.S. under GDPR (after Schrems II) and under the UK’s post-Brexit rules (including through contract attachments called “IDTAs”) Use of standard contractual clauses (SCCs) under GDPR The new EU/U.S. Trans-Atlantic Data Privacy Framework Terms required under U.S. state laws like California’s CCPA and Virginia’s VCDPA You can2 months ago Read more
-
Blog postDo the UK General Data Protection Regulation and Data Protection Act govern your transfers of personal data to the United States? (Or do they apply to your personal data transfers to another country without “adequate” safeguards?) The UK has launched new mandatory contract terms for those using contracts to legitimize transfers. What terms? Those relying on contract terms for transfers must choose (a) the UK’s International Data Transfer Agreement (“IDTA”) or (b) the UK Addendum to2 months ago Read more
-
Blog postThe world risks a new cold war thanks to Russia’s invasion of Ukraine — of the Crimean Peninsula. The conflict calls for short history of the two nations and of Crimea. [Originally posted in 2014. I’m reposting because this article has so much to say about today’s news from Russia and Ukraine.] Russia was born … Continue reading The Historic Ties Binding Russia, Ukraine, and Crimea
The post The Historic Ties Binding Russia, Ukraine, and Crimea appeared first on .
2 months ago Read more -
Blog postVladimir Putin may have created a new superpower — and it’s not Russia. In the weeks since Putin invaded Ukraine, the European Union has changed. A recent New York Times opinion piece suggests the invasion has both united and militarized the EU (transforming it into a far more effective partner for the U.S). Europe could … Continue reading EU Superpower: The New Holy Roman Empire
The post EU Superpower: The New Holy Roman Empire appeared first on .
2 months ago Read more -
Blog postRecent events have reminded me of America’s unusual advantage on the world stage. We have a highly professional and uncorrupt military: a blessing enjoyed by few nations today or at any time in history. The Russian kleptocracy goes to war Today, the Russian army is bogged down in Ukraine — apparently due to its corruption … Continue reading Thank you, American armed forces
The post Thank you, American armed forces appeared first on .
3 months ago Read more -
Blog postAncient Greek and Roman scholars achieved some amazing things. They foreshadowed many of the inventions and discoveries that shape our world. Anaximander of Miletus / Evolution & Life’s Aquatic Origins: Anaximander was one of the first philosophers and the author of the earliest known philosophical text. He lived in the Greek city of Miletus in … Continue reading Four Modern Breakthroughs that Ancient Science Just Missed
The post Four Modern Breakthroughs that Ancient Science Just3 months ago Read more -
Blog postThe legend of Lady Godiva is based on real events, according to a startling new discovery — but the facts were distorted right from the start, during the heroine’s lifetime. Several months ago, a student found a medieval manuscript in a cellar beneath Queens’ College, Cambridge. It included a 14th Century copy of the 11th Century text below. Queens’ is my alma mater, so I was one of the first non-academics to receive this translation from the Latin. It will blow your mind. (And after all thes7 months ago Read more
Titles By David W. Tollen
The Handbook provides guidance on the business issues behind the terms, as well as negotiation tips and sample contract language. And it covers all the key topics in technology contracts.
This third edition gives readers new and expanded best practices for data: for terms on privacy, data security, and control of data--some of the key concerns in IT contracts today. The third edition also takes a closer look at several other terms. But it retains the simplicity and brevity that made The Tech Contracts Handbook a bestseller. Topics include:
- Software-as-a-service (SaaS) and other cloud subscriptions
- Indemnities
- Limits of liability
- Service level agreements (SLAs) and warranties
- Open source software
- On-premise software distribution contracts
- Technology escrow and SaaS step-in terms
- SaaS transition and deconversion
- Intellectual property licenses
- Internet and e-commerce
- And much more
Written by the author of the ABA's bestseller, The Tech Contracts Handbook, this practical e-book gives you the tools to draft and negotiate indemnities in software licenses, cloud computing agreements, and other IT contracts. The Tech Indemnities Pocket Guide uses simple English, without technical or legal jargon, like a good contract. Yet it provides an authoritative, in-depth examination of indemnity clauses--for everyone from the most senior attorney to the most junior contract manager.
The Pocket Guide gives you a critical advantage when negotiating indemnities: knowledge and the ability to boil the issues down to bare bones--to the business issues at stake behind the terms. This e-book covers several core issues, including:
- Common errors - e.g., treating indemnities like remedies for breach, misusing language like "arising out of, related to, or alleging" ...
- IP indemnities in software licensing and cloud computing, including their many exceptions
- Data incident indemnities and why they're so hard
- Indemnities for personal injury, property damage, employee claims, etc.
- Indemnities from customers and distributors
- Ridiculous "nuclear indemnities"
- The "cause problem": a little-known trap lurking beneath many indemnities in IT contracts
WINNER of the Next Generation Indie Book Awards and the London Book Festival.
BRONZE MEDALIST in the Readers' Favorite Book Reviews & Awards Contest.
History isn't names and dates -- it's an adventure. And so is THE JERICHO RIVER.
David Tollen’s young adult fantasy takes you on a wild ride across the ancient world, the Middle Ages, and much more -- weaving real history and myth into an amazing adventure.
The Jericho River flows through a magical world shaped by myth and history. Young Jason Gallo sails the river on a dangerous quest to rescue his father. He battles minotaurs and pirates, flees barbarians, stumbles into mummies' tombs, and outwits philosophers, fairies, and scientists.
Jason's journey, however, is more than an adventure story. It's an expedition into history. The river flows like a timeline, carrying the young man through past lands -- Sumer, the pharaohs' Egypt, classical Greece, medieval Europe, and more -- winding its way through the ancient Middle East and Western Civilization. Professor Gallo, Jason's father, is a historian, and his notes outline the journey, revealing the truth about Cleopatra, King Arthur, and the fall of the Roman Empire. He explains how a French lawyer's son became king of Sweden, as well as the origins of coffee, the cat, chivalry, the Atlantis myth, and much more.
Will Jason find his father in time to rescue his crumbling family? Or will he be trapped by the past?
A magical, educational novel that teaches science and history! Ideal for homeschooling, distance learning, and the classroom.
Alison Pulido gets more than she bargained for when she cuts middle school. She follows a strange little man into another world. It’s a beautiful land where evolution breeds mythic people and animals. It’s a realm of satyr dukes and gnome rebels, giant priestesses and dwarf spies, noble unicorns and monster rats, along with cataclysmic floods, stone age battles, and imperial intrigues – all shaped by forces of history and science. Alison learns tales of all these wonders from her little man and his scholar companion. But Hominea is no safe place for a young Homo sapiens. Soon, Alison finds herself caught up in the other world’s struggle: in the battle between truth and ignorance.
SECRETS OF HOMINEA educates and entertains middle school readers, along with 4th and 5th -graders. Teachers and parents will love the educational resources, including questions for discussion and reading guides.
Come follow Alison through the portal and into this magical other world …