Contract Teardown Show from Law Insider

In this episode from Law Insider, Bob Tarantino—IP counsel at Dentons and certified super nerd—brings us the Open Gaming License from Wizards of the Coast. The Open Gaming License is a contract tool that helped games like Dungeons and Dragons explode in popularity, and it’s an example of how companies can increase community engagement by selectively letting go of intellectual property protections. We lawyers might learn a thing or two from this gamer culture, so let’s tear it down.

In this episode from Law Insider, Eric Drattel, general counsel at Roostify, tears down AXA’s Cybersecurity Insurance Policy Agreement. Although these insurance policies can and should be highly negotiated and customized, Eric walks through principles and red flags every lawyer should pay attention to. With major breaches in the news recently, lawyers should definitely know enough about the policies to advise well.

In this episode from Law Insider, the founder of DoNotPay.com, Joshua Browder, argues that Robinhood Financials customer agreement is harmful to consumers. He goes point-by-point—from pricing changes to data selling to arbitration clauses—and invites consumers to join class actions against Robinhood and similar companies. It’s an interesting time with Reddit users driving huge trade volume, and contracts are at the center of it, so let’s tear it down.

In this episode from Law Insider, Chilean startup attorney Matias Vukusic tears down the Y Combinator SAFE Agreement, or Simple Agreement for Future Equity. Matias talks about identifying impostor SAFE agreements, determining “reasonableness” when advising a very young company, and shares an exciting announcement about the future of the Contract Teardown Show. Y Combinator’s SAFE Agreement is a key document for any young startup to consider, so let’s tear it down.

In this episode from Law Insider, John Grant—a consultant known as the “agile attorney”—walks us through an agile software development agreement. This one comes from 18F, the hiring agency for government services software in the United States. You’ll learn how agile contracts differ from traditional development agreements, as well as how you can draft to prioritize speed while still defining important limits. So let’s tear it down.

In this episode from Law Insider, law professor, director of Emory Law’s TIGER program, and former patent counsel Nicole Morris tears down a venture capital collaboration agreement. This one’s unusual because Nicole actually uses this document as an object lesson for her students on what not to do. She talks about the confusing language, contradictory terms, and troublesome data provisions that plague contracts in the tech startup industry.

In this episode from Law Insider, attorney and tech founder Martin Clausen digs into a SaaS Escrow Agreement from Escrow London Limited. This document has a particular purpose—giving a business who’s relied on a technology the ability to continue using it even if the developer closes up shop. But, while escrow agreements are a common form of insurance, translating it to the modern world can be a clumsy undertaking. Martin explains how lawyers can mess up that transition and why they should defer to drafters that understand the tech context. There’s a lot to learn here about bringing old concepts into the modern world, so let’s tear it down.

In this episode from Law Insider, Chris White, an attorney in rural Ohio, tears down Anadarko’s standard oil and gas lease. It’s a study in negotiating power, carefully-defined terms, and super long sentences. Chris gives some hard-earned wisdom about protecting rural landowners who are too often powerless. So, let’s tear it down.

In this episode, attorney Margeaux Thomas breaks down the Amazon Flex Independent Contractor Agreement’s arbitration clause. This is a hot subject right now as a case disputing this clause is likely to appear before the Supreme Court. Margeux points out the presence of conspicuous language, the lack of clear jurisdiction, and a drafting attorney’s duty to make sure parties signing these agreements are well-informed. There’s a lot riding on how you draft the arbitration clause, so let’s tear it down.

In this episode from Law Insider, Corporate attorney Chad Busk breaks down the Purchase Agreement and Operating Agreement for Icon Aircraft’s A5 plane. He digs into the relationship between the purchasing and operating agreements and explains why companies might take on more liability than you might expect. Chad also makes a demand that your contract language be as streamlined as Icon’s aircraft. So let’s tear it down.