Data Processing Agreements (DPAs) that Embrace Reality

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 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:

1. Cardi B has A LOT of power in the relationship,

2. That power is reflected in some long-winded, artist-friendly terms, and

3. Few artists have that power, but they can still rethink how they earn.

Review the contract here: https://www.lawinsider.com/contracts/3GFFTrJdUS7

At ContractsCon 2023, attorney Shavon Smith walked through a biotech Master Services Agreement.

The interesting context: this agreement was made between two companies responding to Covid the beginning of the pandemic.

In such an unsure time, how can collaborating parties contract fairly and create quickly?

The Master Services Agreement allows them to set flexible and clear terms. Learn more in this live episode.

The Contract: https://www.lawinsider.com/contracts/3CDcawikXgP

About Law Insider: We’re all about contracts!

Law Insider (https://www.lawinsider.com​​​​) is a subscription-based contract database and resource center that helps over 250,000 lawyers and business owners draft and negotiate contracts more effectively.

Join the Community

We think drafting and negotiating contracts is one of the most important skills you can build as an attorney and business owner. Law Insider is committed to supporting our user community with the tools and resources to help build these skills.

Where to Start

Looking for sample contracts, clauses or defined terms? Create a Basic Access Account and try it out. Looking for educational videos, webinars and articles on drafting and negotiating best practices? Visit our resources center.

Plans and Pricing

Law Insider offers monthly, annual and team subscriptions. For full pricing and packaging details, visit our pricing page at lawinsider.com/pricing.

Check out our on-demand webinars:
https://www.lawinsider.com/resources/

Check out our reviews on G2: https://bit.ly/3cbBCZ1​​​​

Check out our tutorials: https://support.lawinsider.com​

Follow Law Insider on Twitter: https://twitter.com/lawinsider​​​

Join the Law Insider Facebook Community:
https://www.facebook.com/groups/lawin...

=======================================

Law Insider Promo Code: TEARDOWN2

=======================================