Technology Lawyer: Software, Data, AI, and Commercial Deals by Elena Rogers

Technology Lawyer: Software, Data, AI, and Commercial Deals

If you are leading a technology company as a founder, CEO, department head, or in-house counsel, you know how much of your business moves through contracts. Every software license, cloud service agreement, and data-sharing arrangement carries both opportunity and risk.

A technology lawyer works with you to keep deals moving, align terms with your operating model, and protect the intellectual property that drives your business.

This page outlines the areas where technology companies most often need legal support, the agreements you will encounter, the issues that tend to shape negotiations, and the process a technology lawyer follows from intake to handoff.

Where a Technology Lawyer Adds the Most Value

Technology lawyers step in at the critical points where legal and business strategy intersect. For example, when managing SaaS Agreements or Master Subscription Agreements, terms may vary based on subscription tiers, user counts, or usage metrics. These contracts often include complex provisions around service level guarantees, restricted uses and licenses, data and content ownership, and termination rights, all of which are details that require careful consideration and negotiation.

They also provide guidance in vendor arrangements and internal policies, ensuring that commitments around uptime, support tiers, and remedies for service failures align with the company’s risk profile. Increasingly, data privacy and security compliance is front and center, with enterprise customers demanding comprehensive security policies and vendor risk assurances.

On the intellectual property side, technology counsel helps protect and monetize innovation. Some methods of protection and monetization include:  patents for software and new features, trade secret protections for algorithms, LLMs, and other work product, copyright coverage for code and APIs, and trademarks that safeguard brand identity.

Finally, when a company faces investment, acquisition, or strategic partnership opportunities, a technology lawyer plays a pivotal role in due diligence. This includes reviewing product portfolios, license structures, open-source components, and key commercial agreements to ensure that no hidden risks undermine the deal.

The Agreements You Will See Most

As a leader or decision maker within your company, you are likely familiar with:

• Data and AI Terms addressing training data rights, output ownership, acceptable use, and disclosures.
• Master Subscription Agreements (MSAs) and Order Forms defining subscription terms, licensing, confidentiality, warranties, indemnities, liability caps, and scope of work.
• Master Service Agreements detailing the scope of work and obligations of the parties through a vendor-customer relationship.
• Data Processing Agreements (DPAs) establishing data security requirements and procedures, sub-processor lists, responsibilities and liability, and audit cooperation.
• End User License Agreements (EULAs) or Terms of Service outlining licensing and use rights, user restrictions, and content ownership for individuals and users of enterprise customers.