Liability & risk
Who pays when something goes wrong, and how to keep it from being you.
Blog How MSPs Can Avoid Uncovered Claims
Why MSP’s Should Align the Indemnity Section of the MSA with the Wrongful Act Definition in the Insurance Policy When entering into an IT services contract, it’s important to make sure that the indemnity provision in the contract aligns with the definition of a wrongful act in a professional liability insurance policy. This alignment can [ ]
Blog Top Five Legal Issues Facing IT Managed Services Providers in 2023
IT managed service providers (MSPs) are companies that provide a variety of IT services to their clients, including network management, data backup and recovery, and security. MSPs are often tasked with managing sensitive data, such as personal and financial information, and must navigate a complex legal landscape to avoid potential liability. Legal Issues: Data protection [ ]
Blog How to Choose the Right Lawyer for your MSP Practice
It’s difficult to determine the best lawyers for MSPs (Managed Service Providers) because the best fit depends on a variety of factors, such as the specific legal needs of the MSP, its location, and its budget. However, some things to consider when looking for a lawyer for an MSP include: Expertise: Look for a lawyer [ ]
Blog MSP Insurance Requirements
INSURANCE REQUIREMENTS FOR MANAGED SERVICES PROVIDERS As a managed service provider (MSP), you naturally face significant risk, which makes the insurance component of your managed service agreement (MSA) critical. Too often, MSP contracts are weak, or completely silent, on the matter of insurance, which can leave you unnecessarily vulnerable. If you’re an MSP [ ]
Blog Managed Service Providers: Risk Management and Limitation of Liability
Managed service providers (MSPs) face more risks than ever before and, as a result, require more legal protections. These risks include not only data privacy and cybersecurity issues but also challenges related to technology, compliance, profitability, and vendors, not to mention ever-increasing competition. It’s a lot, but a steadfast risk management and liability-limiting plan [ ]
Blog MSP Sources of Risk
How Managed Services Providers Can Mitigate Risks Our main goal is to help technology companies of all sizes manage their relationships with their clients and protect their IP rights. We will help managed service partners reduce their overall risk, streamline their sales process, and increase the value of the business through long-term contracts between the [ ]
Blog Risk Balancing Provisions in in Managed Services Contracts
The risks for Managed Service Providers are constantly evolving. New cyber threats and regulatory compliance requirements present significant challenges for MSPs. The most important way to mitigate privacy and security risks for Managed Service Providers is by including proper risk balancing provisions into the MSP’s customer contracts. This article explains how limitations of liability, indemnity, [ ]
Podcast Cyber Insurance Missteps Into Managed Services
Cyber insurance has become critically important to our modern business operations. For MSPs, the role of cyber insurance is especially important, both because of the protection it affords the MSP, but also for the protection it offers customers of the MSP. While cyber insurance carriers struggle to understand the complex world of managed IT services, [ ]
Blog Managing Risk in Managed Services
Risk Considerations for Managed Services This past week I had the opportunity to present on the topic of managing risk in managed services to the OTX Roundtable. I want the thank the OTX Roundtable and Mark Jennings in particular for inviting me to speak. What follows is Mark’s transcript of the meeting. ************* Rob Scott [ ]
Podcast The Armchair Cybersecurity “Expert”
The rise of armchair cybersecurity “experts” has accelerated in recent years. Perhaps the industry most impacted by these armchair cybersecurity experts is managed services. As cyberattacks and threats continue to increase, so do the voices from these “amateur” compliance and security individuals who sometimes place unwarranted and dangerous risk on the MSP they use. Risks [ ]
Podcast MSP Contract Negotiation Series, Limitation of Liability & Indemnification
MSPs have agreements with everyone; customers, vendors, partners. The managed services agreement with customers, perhaps, is the most important. Regardless of the type of MSP you are, the types of services, or your customers, the contracts you use will likely be negotiated. Warranties and indemnification clauses are common boilerplate in modern managed services agreements. But, [ ]
Blog Negotiating Technology Contracts, Insurance Requirements
One of the most overlooked sections in a technology-related contract is the insurance section. Whether that contract involves IT services, development, Software as a Service or Cloud Services, the insurance section is just as important as the other risk-allocating provisions contained in the contract. Yet, in most of the contracts in the industry, the original [ ]
Podcast Do You Have Ransomware in Your MSP Agreements?
Ransomware is a problem for everyone. MSPs fight every day to keep their clients safe from ransomware, and yet, we must plan for the worst case scenario. MSPs need to address ransomware with their clients, and one of the best places to do this is through the managed services agreement. This episode will help MSPs [ ]
Podcast MSP Service Catalogs in the Age of Cloud
How should your managed services catalog change, if at all, when delivering your offerings in the cloud? How can you use your updated services catalog to improve your sales and service delivery process, along with reduce your overall MSP risk? Highlights What is a service catalog? Does the catalog change with cloud service offerings? How [ ]
Podcast What MSPs Need to Know about the Kaseya Ransomware Attack
An interview with Rob Scott about the legal, political, and business impact of the Kaseya ransomware attack. Highlights: Breach requirements for MSPs Role of insurance The sequence of steps taken by MSPs post-breach Dealing with vendor contract limitations Is this a gross negligence situation? MSP Zone guest: Rob Scott
Podcast Managed Services Insurance: Everything You Need to Know
Insurance for your MSP practice has never been more important. What types of insurance should you get? What insurance will protect you versus your client?
Podcast Cyber Insurance Claims, What you need to know
Cyber insurance claims are becoming a part of everyday life, both for MSPs and customers. There are, however, some best practices you can adopt to make your managed services practice a little easier when it comes to understanding cybersecurity insurance policies, how they work, and what do to when you may have a claim.
Podcast The MSP Standard of Care
Is there an MSP standard of care? Standards of care exist in other professions like medical, legal, etc. But, do they exist in the managed services profession? In today’s episode, we will examine the concept of the MSP standard of care, when it would apply, and address ways MSPs can articulate what their standard of [ ]
Podcast OFAC Guidance on Ransomware Payments
The US Treasury Department’s Office of Foreign Assets Control recently issued and advisory bulletin on the potential sanctions risks of making ransomware payments. Payments to certain individuals, organizations, and even regions, may trigger a US sanction against you, possibly exposing you to further criminal and civil action. Today’s episode discusses ways MSPs can approach ransomware [ ]
Podcast Safe Cyber Hygiene Through Managed Services Contracts
How do you achieve safe cyber hygiene with your managed services customers. How about your contracts? Managed services contracts are one of several effective ways you can influence your customers to adopt safe and secure cyber hygiene practices (not to mention protecting your managed services practice). MSP Zone Guest: Rob Scott, Scott & Scott LLP
Podcast Understanding the Difference Between Security and Privacy Incidents
Not every cyber attack involves a data breach. Some network breaches do not involve the loss of personally identifiable data. Understanding the distinction between security and privacy incidents will matter greatly as you decide how you should respond, both within your MSP practice and on behalf of your clients. MSP Zone Guest: Rob Scott, Scott [ ]
Blog How MSPs Can Limit Legal Liability
One of your long-time customers is hit by a nasty cyberattack. After investigating, it turns out to have been caused by a bug in the antivirus software you sold to them. While you may think this fact means you aren’t liable, you may be wrong. Even though the software is the root of the problem, [ ]