Training

I have been a regular speaker at national and international conferences on a range of subjects connected to Technology Law.

training

Providing training is one of my main focuses – after all, no-one wants to instruct a lawyer after things have gone wrong, you need to know what to do in advance. That is what my training is aimed at – providing content-full, helpful, practical sessions for delegates.

Training can be aimed at different categories of people – from lawyers who want the latest case updates to business people who want practical guidance. In all cases, I don’t just read out slides, I go further and provide valuable learning points from the legal principles I discuss.

I provide a number of different training packages – here is a brief discussion of what I do. I’d love to talk to you about how I could provide some training in your organisation – please email me to find out the details.

TRAINING PACKAGES

Contract Law Update

Contract Law for IT Professionals

The GDPR and its Implications for Business

Negotiating and Drafting Service Level Agreements

A Masterclass on Indemnities: Law and Drafting

A Masterclass on Limits and Exclusions of Liability: Law and Drafting

 

CONTRACT LAW UPDATE

I am probably best known for this, and it would be no exaggeration to say that hundreds of lawyers and others listen to this update every year. However, I never give the same talk twice – it is kept up to date constantly to take account of the latest developments and to highlight emerging themes.

This is chiefly aimed at lawyers – though when I deliver it to bodies like the Society for Computers & Law, it always attracts a goodly number of business people who welcome its practical focus. In fact, it sells out every year – and attracts many of the same people back year after year. It is not focused on any one particular industry sector – though it draws on developments in general commercial, corporate, construction and engineering and property. There is material for anyone in just about any area of business – and it gets delegates from across the board.

This one comes in three flavours:

  • A half-day session of three hours looking at important themes over the last five to ten years, picking out the leading cases, showing how the law of contract is developing and what the major practice points are for anyone involved in drafting, negotiating or litigating contracts
  • A two hour session focusing mostly on the last 12 to 18 months of legal developments
  • A one hour session focusing on the last 6 to 12 months of legal developments

I don’t have to sing its praises – the feedback speaks for itself. Here is what some delegates have said about recent 2018 presentations of this course:

  • Richard’s encyclopaedic review continues to amaze. He managed to cover an astonishing breadth with insight and humour. Thank you to Richard and all in support.
  • Fascinating and frightening in equal measure (as always)!
  • Great session – 10+
  • Very impressed by the scope and depth of Richard’s presentation – very useful. Excellent slides!
  • Very engaging and was able to hold the attention of his audience. Very well organised, relevant content and timing was spot on

Here is a selection of what delegates have said in past years:

  • A well-prepared, lean, useful, relevant and excellently presented seminar. Richard was superb – thanks very much!
  • A very comprehensive, thought-provoking and engaging presentation. Highly recommended.
  • Excellent as always. Great delivery and content. Thorough and incisive. Exactly what’s needed.
  • This event is excellent. I have been to the last four and rely on the brilliant notes throughout the year.

The last reference to notes is important – I believe in providing content-full events. Don’t you just hate those sessions when you come away with a slide deck full of clip art and inscrutable bullet points? I believe in providing copy slide decks you can read and actually use rather than just gaze at bullet points and wonder what they mean. Delegates have told me that they take the slide decks and use them during the year when problems come up!

CONTRACT LAW FOR IT PROFESSIONALS

This course lasts a day, and is ideal for four up to a dozen delegates. It is aimed at IT professionals, perhaps people with a technical background who are now working in a commercial environment and expected to draft or negotiate contracts. It is also aimed at people who are thorough-going commercial people with perhaps years of experience but who have never had any formal training in what contracts are – what are the buzz words? What do legal words and phrases mean? People come with lots of questions, and I try to answer them, questions like:

  • When someone holds out for best endeavours and you are offering reasonable endeavours, what are the implications?
  • What does “subject to contract” mean?
  • What do I need to know about using Letters of Intent? How are they different from MOU’s or Heads of Agreement?
  • What is the “battle of the forms” and how do I win it?
  • What about lots of other expressions and clauses that I see in contracts – “good faith”, “without prejudice”, orders of precedence clauses, what do they mean and what are the pitfalls?
  • How can I avoid turning my customer’s obligations into meaningless and unenforceable “agreements to agree”?
  • What is behind limitations and exclusions of liability – when does the law intervene with the Unfair Contract Terms Act 1977? What happens then?

These and many more points are all covered in a busy day. It is not just lectures – I provide realistic scenarios based on my real-life experiences and the decisions of real cases in the IT sector. The aim is to teach you the basics and let you work out the answers to the questions posed by the scenarios. I then provide the answers and give guidance on best practice to avoid problems in future.

I have been developing and running this course for the past 8 or 9 years and feedback has been fantastic! Take a look at what some of the delegates have said in testimonials after attending at techUK:

  • I found the Contract Law course very useful. The course highlighted that all employees are able to impact the ability of the business to protect itself from legal challenges, not just those who negotiate the original contracts. Directors, managers, project teams, sales teams and operations managers particularly within SMEs would greatly benefit from attending this course. Highly recommended. (Michelle Hulse – Head of Finance, Securestorm Ltd)
  • I work with contracts on a daily basis, and this course has given me a more thorough understanding of the basics of English contract law. Richard Stephens is incredibly experienced and pitches this course at just the right level and tempo. (David Shaw – Mapping Specialist, Paragon Software Systems plc)
  • The contract law course was concise, well-structured and clear. It was exhilarating to have covered so much in so short a time. Attention was usefully drawn to the points of most relevance to commercial practitioners who did not have the benefit of a legal background. (Josh Berle, Government Sales DirectorVocaLink Limited)
  • An engaging and very interactive course offering a one-of-a-kind look at contracts within the context of the information technology landscape. Richard is an approachable and user-friendly presenter and the course is well worth attending for professionals involved in the contract negotiation process. (Laura Poole, Bid & Contracts Advisor – Iken Business Ltd)
  • The training class was slick and insightful; with knowledge gained being directly applicable to a working environment. Richard has an outstanding understanding of the subject matter, but it was his ability to construct and communicate a well-paced, digestible and inclusive course that I was truly thankful for. (Graeme Lea – General Dynamics)
  • A great course, well presented and aimed at the manager with no specific law training. Would recommend as an introduction to the pitfalls and simple mitigations to prevent contract disaster. (Chris Eldridge – Director of Operations, Mayden)

**AVAILABLE NOW** – THE GDPR AND ITS IMPLICATIONS FOR BUSINESS

Why should you choose this course?

The GDPR has slowly come upon us, leaving many businesses, especially SME’s, confused. The Regulation became effective as of 25 May 2018, yet it is long and detailed, while leaving some matters to domestic legislation, and leaving the application of many principles vague. It is not an easy read, or one that most SME’s would want to undertake – but it is so crucial to modern business that everyone needs some understanding of its principles – from the Board of Directors down to the humblest operative in the IT Department. It is not just a question of avoiding big fines, but a question of following modern best practice – because it is not just government, but ordinary people, who expect compliance with data protection law in the modern world.

Unlike other courses, this one is aimed at the tech industry in particular, concentrating on what is of importance to those operating in that sector, such as those offering cloud services, outsourcing, development or integration.

Who should attend?

Most people in a modern business will have some contact with data, whether collecting it, processing it or negotiating or administering contracts for processing data. So this course is for everyone.

What is the course outcome?

The course will take delegates through the basic principles of the GDPR and will introduce the fundamental principles while adding detail to the basics. More than just a recitation of the GDPR’s provisions, reference is made where appropriate to the abundant guidance available on aspects of the GDPR, both from national and EU supervisory bodies and from other third parties. The course is accompanied by Q&A sessions, allowing delegates to apply their existing knowledge and discuss difficult areas e.g. how the GDPR applies to cloud providers.

Delegates will come away with a sound knowledge of the basics and a good grasp of how it applies to the tech sector, as well as an understanding of what steps need to be taken to ensure compliance with the law.

What is the agenda?

The course looks at the following areas among others:

  • territorial scope of the GDPR
  • basic principles:
    • consent
    • lawfulness of processing
    • legitimate interests
  • Security and breach notification
  • The individual’s “new” rights
    • Notices
    • Access, rectification and portability
    • Rights to object
    • Automated decision making and profiling
  • Transferring data, including international transfers
  • Using processors and sub-processors

**AVAILABLE NOW** – NEGOTIATING AND DRAFTING SERVICE LEVEL AGREEMENTS

Why should you attend this course?

Service Level Agreements (SLA’s) are a part of both modern business and modern government: many businesses and government departments (central and local) claim to offer compliance with SLA’s, and SLA’s lie at the heart of many agreements in the tech sector: cloud services, software support, outsourcing, help desks – really anything where one party provides a service to another.

Considered “technical”, they may not be drafted by lawyers or others with lengthy drafting experience in the first place – but of the entire contractual suite of documents, the SLA may well turn out to be the one piece of documentation the parties have most recourse to in the lifetime of a contract.

Getting an SLA right at the outset will save the parties much pain later and prevent arguments over what the SLA actually means or how it applies to what has happened in practice. Despite this basic fact, many SLA’s fail either because they are too complicated or because they exist in a theoretical world divorced from reality.

In developing this course, I have drawn on my experience of drafting and negotiating SLA’s over many years and I will provide practical examples from my own experience as guides to good drafting and negotiation practice.

Who should attend?

Most people in a modern business will have some contact with an SLA – from the commercial management team drafting and negotiating one to the IT Department which is trying to understand and operate it. Just about anyone in your organisation will want to learn how to draft and operate an SLA.

What is the course outcome?

The course will take delegates logically through the process of establishing and drafting an SLA, focusing on the impact of SLA’s on the tech sector and how they are used in, for example, cloud service agreements or helpdesk or other support agreements.

Delegates will come away with knowledge of how to go about setting up an SLA, what to include and what to exclude, an understanding of key expressions including the all important TLA’s so beloved of the tech sector (SLA is itself a TLA …), an appreciation of the key negotiation areas and the major pitfalls to look out for.

The course includes plenty of opportunities for Q&A using worked examples as a basis for discussion.

What is the agenda?

The course looks at the following areas among others:

  • How are SLA’s put together
  • Relationship to the main agreement
  • Who should do the first draft?
  • How to measure the various services – which ones to include
  • What remedies should be proposed for non-compliance with service levels
  • What is the right balance to strike when making an SLA:
    • The provider wants to describe its normal service
    • The customer which wants a big stick to beat the provider with
  • How to make sure your drafting works – aim for precision and simplicity
  • What does the law say about SLA’s – there has been a movement in the law’s approach to these things
COMING SOON – A MASTERCLASS ON INDEMNITIES: LAW AND DRAFTING
COMING SOON – A MASTERCLASS ON LIMITS AND EXCLUSIONS OF LIABILITY: LAW AND DRAFTING