Tips for Negotiating New Technology Agreements in the Time of COVID-19

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event under the governing law of the agreement and excuses related failures or delays in performance, and (2) assessing how to negotiate new tech agreements within the uncertainty of the pandemic. The former has been addressed by recent client updates . This update focuses on the latter—how contract provisions other than force majeure can help anticipate and mitigate the risks of new tech agreements in these uncertain times.