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YOU Can Be the Best Negotiator in the Room: Enterprise SaaS & Cloud Deal Negotiations
September 27 @ 5:30 pm - 8:30 pm$80 - $125
A senior executive’s ability to negotiate is in many ways the most important skill an executive can have. During the first part of this evening’s session, Technology Lawyer, negotiator, author and frequent speaker on negotiating skills, Mark D. Grossman will give you the benefit of what he learned in his 30 plus years as a negotiator.
During the second part of this evening’s session, Mark will focus on cloud and SaaS deal negotiation. It is a truism that enterprises of all sizes are now comfortable with SaaS and cloud solutions. However, SaaS and cloud deals raise many complex legal issues that need to be thoroughly negotiated and documented in your agreements.
During this portion, Mark will speak to the unique customs, usages, and norms of SaaS and cloud deals, and the particular provisions that are critical to agreements in this area. The discussion will include issues common to SaaS and cloud agreements including PII, cybersecurity, SLAs, data ownership, warranties, and limitations of liability.
Your key takeaways will be:
- Understanding BATNA – Best Alternative to a Negotiated Agreement
- Why Mark does not believe in “win-win” negotiating
- If not “win-win,” what Mark believes is the goal of your negotiations
- Learning to listen better during a negotiation and understanding why that is an important negotiating skill
- Knowing how to get the other side to reveal their unspoken agenda
- Using an important lesson in team negotiating strategy from Marlon Brando in “The Godfather”
- Norms in the industry for SaaS and cloud deals
- How to protect your data in the cloud
- Strategies to keep your SaaS and cloud agreements out of court
- Understanding how a bad limitation of liability clause can emasculate your SaaS or cloud agreement
- How to avoid agreeing to a SaaS or cloud deal that puts YOU at risk of having to refresh YOUR resume
Mark D. Grossman Bio
Mark is a sought-after keynote speaker, negotiator, technology lawyer, and author of “Technology Law, What Every Business (and Business-Minded Person) Needs to Know.” Since 1995, Mark has spoken at over 300 events worldwide.
Mark’s keynotes showcase his sophisticated business savvy as a deal maker and negotiator, and highlight his quick-witted style of presenting complex concepts in a way that entertain and inform audiences worldwide. Mark brings the same clarity and humor to speaking that he brought to his weekly “TechLaw” column in the “Miami Herald.”
Mark has negotiated deals into the hundreds of millions of dollars, including a $200+ million deal with IBM, and deals with some of the best-known brands in the world including General Electric, General Motors, Verizon, IBM, American Express, AT&T, Computer Associates, Computer Sciences, Levi Strauss & Co., Amazon Web Services, HP, Oracle, Fox News, ESPN and many other large privately held businesses and Fortune 500 companies – the list goes on into the hundreds.
Since 2003, Mark has appeared in Best Lawyers in America. In 2016 and again in 2018, Best Lawyers named him “Lawyer of the Year” for Technology Law in New York City. Each year, Best Lawyers names a single lawyer in each specialty, in each community, as the “Lawyer of the Year.” Mark’s selection a second time for 2018 is unprecedented. Those honored receive outstanding ratings in the confidential peer-review survey in which over 25,000 leading attorneys cast about two million votes on the legal abilities of other lawyers in their specialties. Inclusion in Best Lawyers is considered a singular honor because lawyers do not pay a listing fee. “Corporate Counsel” magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”
Based on yet another survey of his peers, New York Super Lawyers has had Mark on their list every year since 2015. Super Lawyers are those who were in the top 5% of the vote in a state.
Mark is a frequent guest on television and radio, offering his point of view on topical legal issues in today’s news cycle. Appearances include CNBC’s “Closing Bell,” Bloomberg TV’s “Bloomberg West,” ABC’s “Nightline,” Wall Street Journal Radio and NPR.
Mark has written hundreds of columns for PC World Magazine, South Florida’s Daily Business Review, and the Miami Herald.
He is a member of the National Speakers Association, a collective of speaking professionals that includes experts in a variety of industries and disciplines.
Mark is a cum laude graduate of Georgetown University Law Center in Washington, D.C. and received his B.A. with high honors from Stony Brook University.