JOHN P. O’BRIEN, TECHNOLOGY ATTORNEY

Contract Remedies

Have you ever been confronted with a delivery scenario where you recognize that with just a little more effort, staff or resource of some sort, a potentially larger issue could be quickly and efficiently resolved? It’s much more valuable to all concerned to help avoid, or remediate, a problem early and efficiently, rather than try […]

Acceptance Testing, Part 2 of 2

“Acceptance” sounds so simple, so what’s the big deal? Acceptance is a transformational event in the world of Consulting Service Projects whether you are the Customer or the Consultant. On one side, everything leading up to acceptance is pre-sales (i.e. non-billable), and everything afterwards is post sale (billable),and you have very different legal rights depending […]

Acceptance Testing, Part 1 of 2

“Acceptance” sounds so simple, so what’s the big deal? Acceptance is one of the most important terms in any Consulting Services Project.         ∙ Most payment obligations are triggered by acceptance, so if it’s not accepted it’s not invoiced and the             Customer does not pay for […]

IP Ownership

“I paid you your standard rate as requested… why shouldn’t I own all of the IP in the service deliverable?” IP Ownership sounds like it should be pretty straight forward. The Customer says, I paid for the service, I paid the rate you quoted, so I should own the work. To fully appreciate the Consultant’s […]

The Distinction Between Warranty and SLAs

Did you ever wonder what the difference is between a Warranty and an SLA? It’s easy to get confused between a SLA and a warranty. A warranty is a UCC special limited right that is activated immediately after you accept a product, unless it is expressly disclaimed. The idea behind this special warranty right is […]

No obligation, Always Free Consultation

I am a legal professional specialized in helping companies of all sizes develop, negotiate and/or modify consulting contracts, licenses (in-bound or out-both), SOWs, HR agreements and other business related financial transactions. This experience provides a powerful resource in navigating the challenges tech companies and tech consumers face in growing their business, managing their risks and maximizing their profits.

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