Archive for 2022
Will Your Digital Health Company’s Contracts be Vulnerable to a Recession?
If your digital health company is like most companies right now, your company is nervous about the possibility of an impending recession. Of course, the real challenge is how to handle those nerves, and what steps your digital health company should take to better protect itself in the current environment. The conventional wisdom is to…
Read MoreTalk with an Expert Series: Beau Fernald Shares Software Implementation Best Practices
Silicon Valley Digital Health Law Blog’s Kristie Prinz recently sat down for an interview with Beau Fernald, Fractional COO and Principal of Aware Insights LLC to discuss the topic of software implementation. One of the most common drafting mistakes in digital health and software contracts is failing to sufficiently define the parties’ mutual expectations…
Read MoreBest Practices in Drafting Digital Health SaaS Contracts to Add & Retain Customers
The digital health industry has exploded during the COVID-19 pandemic, resulting in an increasing number of digital health SaaS transactions. However, given the relative youth of the industry, few business lawyers or businesspeople negotiating digital health SaaS transactions are familiar with the best practices to pursue in negotiating and drafting digital health contracts. Silicon Valley…
Read MoreThe Prinz Law Office Adopts New Fixed & Subscription Billing Options
I am excited to announce that my firm is adopting a number of new options for working with our clients. We received feedback asking for new fixed rate and subscription packages for specific business scenarios, and in response to that feedback we have designed a variety of new packages designed around those requests. These options…
Read MoreFTC Announces Settlement with Twitter Over Deceptive Use of Account Security Data
The Federal and Trade Commission (“FTC”) announced today a settlement with Twitter, Inc. (“Twitter”) in which Twitter agreed to pay $150 million for its alleged misuse of user account security data, specifically email addresses and phone numbers, for advertising purposes. The government alleged that the misuse of account data was in violation of a 2011…
Read MoreKristie Prinz Explains Why Not to Use the Term “SaaS License”
Arbitration vs. Litigation in Digital Health Contracts: Which Option is “Better”?
I was recently asked by a client whether arbitration or litigation was “better.” The issue had been raised by an attorney on the other side of the contract, who had not only tried to persuade my client to revise the specific clause in that case, but had also provided my client the unsolicited advice that…
Read MoreIntroduction to Negotiating and Drafting SaaS Contracts
Date: June 17, 2022 Time: 10 a.m. PST Price: $175.00 Register How are SaaS agreements unique from other technology contracts? What do you need to know to negotiate and draft them? Silicon Valley SaaS lawyer Kristie Prinz will present an introductory webinar on “Introduction to Negotiating & Drafting SaaS Contracts,” on June 17th at 10 a.m.…
Read MoreIntroduction to Software Contracts Workshop for Lawyers
Date: May 21, 2022 Time: 9:00 a.m. PST Price: $699 Register Are you a lawyer who would like to expand your practice niche into the software transactions area? Would you like to know the basics about negotiating and drafting these types of agreements? Join Silicon Valley Digital Health Lawyer Kristie Prinz in an introductory software…
Read MoreIntro to Software Contracts for NonLawyers
Date: May 23, 2022 Time: 9 a.m. PST Price: $699 Register How are software contracts unique from other business contracts? What do you need to know to negotiate them? Silicon Valley Digital Health Lawyer Kristie Prinz will be teaching an introductory workshop on software contracts negotiation for nonlawyers. The virtual workshop will be interactive and…
Read MoreIntroductory Digital Health Contracts Workshop for Lawyers
Date: June 6, 2022 Time: 9 a.m. PST Price: $699 Register Are you a lawyer who would like to expand your practice niche into the digital health area? Would you like to know the basics about negotiating and drafting these types of agreements? Join Digital Health Lawyer Kristie Prinz in an introductory digital health contracts…
Read MoreIntroduction to Digital Health Contracts Workshop for Non-Lawyers
Date: June 18, 2022 Time: 9 a.m. PST Price: $699 Register How are digital health contracts unique from other business contracts? What do you need to know to negotiate them? Silicon Valley Digital Health Lawyer Kristie Prinz will be teaching an introductory workshop on digital health contracts negotiation for nonlawyers. The virtual workshop will be…
Read MoreIntroduction to Digital Health Contracts
Date & Time: May 16, 2022, 10 a.m. PST Price: $150 Early Bird, $175 General, $195 Last Minute, $350 Group/Department Register Eventbrite How are digital health contracts unique from other business contracts? What do you need to know to negotiate them? Silicon Valley Digital Health Lawyer Kristie Prinz will present an introductory webinar on May…
Read MoreDigital Health Lawyer Kristie Prinz Presents on Negotiating Digital Health Contracts
How are digital health contracts unique from other business contracts? What do you need to know to negotiate them? Silicon Valley Digital Health Lawyer Kristie Prinz will present an introductory webinar on May 16th at 10 a.m. PST on “Introduction to Negotiating Digital Health Contracts” which will provide an overview of the basic concepts you…
Read MoreDrafting Problems with Fee Terms in Digital Health Contracts
When a client sends me a digital health software agreement to review or update, I always make a priority of reviewing any terms in the contract involving fees and then carefully reviewing the website and any marketing materials or fee schedules to confirm that the fee terms in the contract clearly match the fees listed…
Read MoreWhy Digital Health Companies Should Plan for Customer Negotiations over Insurance Requirements
If your digital health company is like most, you postpone the procurement of insurance policies until you absolutely have to obtain them, expecting to be able to obtain whatever you need on demand. You likely do not consider that not having certain insurance in place may delay the signing of your next big customer contract.…
Read MoreKey Mistakes Companies Make in Negotiating Digital Health Software Contracts
What are the key mistakes companies make when negotiating digital health software contracts? First and foremost, the most common mistake I run into negotiations is that companies often end up negotiating with the wrong contract as the starting point. For example, the parties may negotiate from a software license template when they need a SaaS…
Read MoreIs Your Digital Health Agreement Silent on Implementation?
If your digital health company is like most companies these days, you likely set up a software interface and train your customers on how to use the product at the very beginning of the relationship. You probably even charge some sort of fee for these initial services that you provide. And the set-up process may…
Read MoreHow to Recognize a Poorly Written Digital Health Contract
In my experience, the first sign of a poorly drafted digital health contract is that contract completely confuses the software licensing and SaaS technology models, so that it’s extremely unclear as to what kind of product that the software provider is actually selling. If the product is a software license, the contract should contain a…
Read MoreIs your Digital Health Software Company Signing Customers to Contracts Based on the Appropriate Contract Model?
Is your digital health software company signing customers to contracts that are based on the appropriate technology contracting model? In digital health contracts (as in software contracts generally), perhaps the single most common issue that gets confused is the difference between a software license and a software-as-a-service agreement. But the concepts are very different. In…
Read MoreWhen does a Digital Health Company need a Service Level Agreement?
I often find that many digital health companies are unfamiliar with the concept of a service level agreement and have no idea when they might need one. A “service level agreement” or “SLA” is a technical agreement that defines that parties’ expectations of the level of service that will be provided in a particular service…
Read MoreIs Digital Health Software Subject to FDA Regulation?
If you work in the software industry, you may be surprised to discover that digital health software products may be subject to regulation by the Food and Drug Administration (“FDA”). Some software is considered a software as a medical device (“SaMD”) product or software in a medical device (“SiMD”) product. So, how do you know…
Read MoreWhat is the Concept of “Digital Health”?
What is the concept of “Digital Health”? If you work in the field and are still unsure of how exactly to define the term, then you are in good company: while there seems to be some consensus regarding what is included in the concept of “Digital Health,” there is still some confusion on the scope…
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