Negotiating Reps, Warranties and Remedies in Technology Contracts

Representations and warranties in technology agreements can be used to ensure that a PE sponsor is getting the benefit of its bargain; the vendor is employing appropriate cybersecurity and privacy measures; and the PE sponsor has recourse when the vendor does not live up to its promises. This article distills key takeaways from a recent program sponsored by Strafford CLE Webinars featuring Steve Gold, member of GoldTechLaw LLC; and Michael R. Overly, partner at Foley & Lardner. The speakers analyzed the representations and warranties; indemnification provisions; and limitations on remedies and damages commonly included in tech agreements, and they discussed how vendors and customers negotiate and fine-tune those provisions. See “Preparing for and Facilitating the Digitization, Automation and Optimization of Compliance Programs” (Oct. 26, 2021); and “Using RegTech to Enhance Compliance” (Aug. 17, 2021).

To read the full article

Continue reading your article with a PELR subscription.