David Tollen is an attorney and the author of the American Bar Association's bestseller, THE TECH CONTRACTS HANDBOOK: Cloud Computing Agreements, Software Licenses, and other IT Contracts, for Lawyers and Businesspeople (ABA Publishing 2015). He the founder of Sycamore Legal, P.C., a San Francisco / Silicon Valley law firm specializing in information technology contracts (www.SycamoreLegal.com). He is also the founder of Tech Contracts Academy, LLC (www.TechContracts.com), where he trains businesspeople and lawyers on drafting and negotiating software and IT contracts.
Mr. Tollen serves as an expert witness in litigation related to software licenses and other information technology contracts and relationships. He addresses industry custom and practice surrounding software-as-a-service (SaaS) agreements, other cloud computing transactions, IT professional services, e-commerce, data security, and other topics. He is not a patent licensing professional branching out into another field; he is a specialist in software contracts.
Mr. Tollen began his career litigating technology and intellectual property cases, so he has an unusual understanding of the process. He has testified in court and in deposition.
Areas of Expertise
- Intellectual Property
- Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
- A: JD, Harvard Law School, cum laude, 1993
Ll.M., Cambridge University (U.K.), Queens’ College, 1994
B.A., U.C. Berkeley, with highest distinction in general scholarship, 1990
- Q: Please list your affiliations or memberships in any professional and/or industry organizations:
- A: State Bar of California
The International Association for Contract & Commercial Management: 2017-present
American Bar Association IP Law Section: 2010-2017
San Francisco Intellectual Property Law Association (SFIPLA), Board-Member: 2009-2015
Financial Institutions Committee of the Business Law Section of the State Bar of California: 2009-2011
Cyberspace Committee of the Business Law Section of the State Bar of California: 2006-2009
- Q: Please list any teaching or speaking experience you have had, including subject matter:
- A: Professional trainer on drafting and negotiating IT contracts, for Tech Contracts Academy and Sycamore Legal, 2011-present.
Regular speaker on IT legal issues, universities, industry/trade groups re contract management and other topics, American Bar Association, state bar associations, etc.
- Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
- A: No.
- Q: On how many occasions have you been retained as an expert?
- A: Six.
- Q: For what area(s) of expertise have you been retained as an expert?
- A: Industry custom and practice surrounding software licensing and other information technology contracts, including interpretation of unclear contract language and industry terms of art.
- Q: In what percentage of your cases were you retained by the plaintiff?
- A: 50%
- Q: In what percentage of your cases were you retained by the defendant?
- A: 50%
- Q: On how many occasions have you had your deposition taken?
- A: Two.
- Q: When was the last time you had your deposition taken?
- A: Spring 2017.
- Q: On how many occasions have you been qualified by a court to give expert testimony?
- A: Four.
- Q: On how many occasions have you testified as an expert in court or before an arbitrator?
- A: One.
- Q: For how many years have you worked with the legal industry as an expert?
- A: Four as an expert witness, 24 as a practicing attorney.
- Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
- A: Consulting, reports, and expert testimony, as well as training. Legal services through a separate entity -- a law firm.
Available Upon Request