PODCAST · technology
The Technology Bradcast
by Bradley Gross
Bradley Gross, one of the top technology attorneys in the country, discusses security, licensing, and contract issues for MSPs. Learn what you're doing wrong and how to fix it, so you can sleep more soundly and focus on what you do best.
Episodes
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Use AI to Write (or Re-Write) Your MSA. Then Call Me When It Blows Up.
If you’re using AI to write or rewrite your MSA, congratulations! Your agreement may look good and read like a "real contract," but now it might be unenforceable. Let’s talk about why. Welcome back to the Technology Bradcast.
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Define Done Before Your Customer Does
In software development, app builds, automations, and consulting projects, “done” is not a feeling. It’s a definition. If your agreements don't define "done," you may be in for an expensive lesson.
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Avoiding Contract Landmines in Project Work
If your MSP offers project work, or if you’re an IT consultant or fractional CTO, then you need to be aware of some of the most overlooked (but crucial) points of your agreement with your customers. These points could be devastating if you fail to address them in your customer-facing agreement....
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They Sold the Business. You Didn't Get Paid.
You wake up to an email that says, “We sold the company. We’re terminating. Please arrange offboarding.” Do you have options? You're damn right you do. Welcome to the latest episode of the Technology Bradcast.
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Avoiding Responsibility & Liability for Shadow IT
Customers installing unapproved software? IT departments bypassing your security or just plain ol' "doing whatever the hell they want?" That's Shadow IT, and it's a huge headache for MSPs. It creates hidden risks and liabilities, not just for your customers, but for you. Want to learn how to…
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Stay in Your Lane and Don't Be Nice
Stop being a nice person. It’s killing your business. You’re doing favors, you're providing out-of-scope work--and you're setting yourself up for failure. Nice people sometimes finish first, but MSPs that define the scope of their services and then stay in their lanes ALWAYS finish first.
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Updating Your MSA So You Can Enforce It
Somewhere along the line, someone told you (maybe a lawyer?) that you can update your Master Services Agreement just by posting the changes and simply telling your customers, "We can update any of our terms and if you keep using our services, you accept those terms." If that sounds familiar to…
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Off-Boarding: You're Doing It Wrong (and It's Gonna Cost You)!
You're doing off-boarding wrong! You're not considering all of the crucial issues involved when a customer says, "goodbye!" I'm about to give you some winning off-boarding strategies that might save you thousands of dollars in attorneys' fees. You ready? Let's do this.
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Solving the Confidentiality Paradigm: Marketing to Medical and Legal Verticals
Lawyers and doctors owe a very special duty of confidentiality to their patients and clients, and that makes them hesitant to hire MSPs. Want to know how to leverage that hesitancy to convince medical and legal verticals to work with your MSP? Listen up. The latest Technology Bradcast is here!
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MSPs Pushing Back: Negotiating "Take It or Leave It" Terms
As an MSP, navigating negotiations is key. But what happens when your customers push for terms that shouldn't be on the table? How do you explain things in a way that will settle the issues in your favor? Listen up.
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Fixing the Way Cybersecurity is Sold
Industry veteran Eric Pinto, Senior Director of Channel & Product Strategy at SocSoter, believes that the way MSPs sell cybersecurity is broken. And we, at the Bradcast, couldn't agree more! Join us on this episode as we sit down with Eric to discuss what's broken about cybersecurity sales and…
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Cork Warranty: A Solution to a Broken Insurance Industry?
Insurance can be a costly and unattainable expense for MSPs. But here comes Cork, offering warranty-based coverage programs that promise financial protection to participating MSPs. Might that help your MSP feel more secure? Might it protect your MSP from financial disasters related to security...
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When Bad Things Happen to Good Contracts
You try to enforce your expensive, attorney-drafted agreement only to find out that you can’t. If that's happened to you, then were a victim of poor implementation. Want to find out how to correctly implement your customer-facing agreements to avoid implementation problems? Listen up.
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Law Firm Sues Its MSP: A Sign of Things to Come?
A law firm experiences a ransomware attack and sues its MSP and solution provider for negligence. The case has all the elements of an MSP’s nightmare: services promised but not delivered, hackers demanding huge amounts in ransom, and backup files that, it turns out, never existed. As an MSP…
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Inside the Deal: Sonicwall's Acquisition of Solutions Granted
Late last year, one of the most notable acquisitions in the cybersecurity industry took place: Sonicwall acquired Solutions Granted. You might have read about the deal, but do you know what motivated two of the most respected cybersecurity companies to get together? Do you know how that…
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The Seven Deadly Words
There are seven words that cause MSPs to spend millions of dollars unnecessarily. There are seven words that MSPs always use to justify why they were unprepared; why they were caught without contracts, without insurance, without foresight. No other words have exposed MSPs to so much liability,...
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Three Mistakes You Cannot Repeat in 2024
"We don’t have insurance. We don’t always use quotes. We've let our receivables get too high." Too often throughout 2023 I’ve heard those sentences uttered from MSPs nationwide. If they sound familiar to you, then you need to correct that situation right now--and I'm going to tell you how to do...
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A CISO Is Charged With Fraud. Should You Be Worried?
A CISO has been charged with fraud. Does this mean that CISOs and company directors will be responsible for all cybersecurity vulnerabilities? Has the government’s oversight of the cybersecurity industry suddenly changed? Should you be worried? Listen up.
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The Evil Magic Lawyers Use To Defeat Payout Clauses (And How to Stop It)!
Your customer terminates your agreement prematurely and without cause. The payout clause in your agreement requires your customer to pay out the balance of the contract, but your customer's lawyer says it's unenforceable--and maybe it is. Do you want to avoid the "evil magic" that lawyers use to...
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MSPs: Overcome the ”Attorney Requirement” in Small Claims Court
Your customer owes your MSP business a small amount of money, so you file a small claims action and you don’t hire an attorney--because attorneys are expensive, right? But the judge won't let your case proceed unless you hire an attorney. What can you do? Listen up.
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Guide Your Customers and Avoid (Expensive) Friction
Guidance is the key to great relationships between MSPs and their customers. Too many MSPs don't provide the right kind of guidance to their customers, and that’s causing friction--the kind of friction that attorneys resolve by the hour. And those attorneys don’t give a damn about your business,...
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Unilateral Changes to Your MSA Are Unenforceable
Some MSP's think that they can update their master agreement simply by posting updated terms on a central website. It's so effortless. It's hands-off. It's so...UNENFORCEABLE. If you think you can unilaterally change your MSA and then force your customers to accept the modified MSA simply because...
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MSPs Say Goodbye to Non-Competes in NY
New York is about do to away with non-compete provisions. That means that your employees can quit and then open up a competing shop or even work for your biggest competitor. So what does that mean for your company? Should you panic? Should you care? The answers are ahead…listen up.
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Not Using an MSA? Don’t Forget Where You Are.
MSPs that use service agreements only some of the time (instead of all of the time) forget where they are. They forget what could be ahead. If that's what you're doing, then you need a dose of reality. Listen up.
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Distributed Workforce? Share the Responsibilities!
Your customer’s workforce is distributed. That's a fancy way of saying, “Employees work from home and don't really care about security.” As the MSP, you're supposed to manage all distributed devices and make sure everything's alright. But will it be alright? Maybe, but only if you remember that...
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Raise Your Fees By Any Amount--And Your Customers Won’t Protest!
You want to raise your fees because you’re losing money on a customer, but the 3% or 4% increase allowed by your agreement simply won't be enough. Sound familiar? What if I told you that by using a "Brad Gross contract strategy" you could you raise your fees by any amount and your customers won't...
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Scope Denial: It’s Real (and Much Worse Than Scope Creep)
Your customer's IT Director approves a quote for service, but after the service is done the customer's CEO says, “I didn’t ask for that service, it shouldn't have been approved and I’m not paying for it.” It’s called “scope denial” and it's painful and expensive situation to fix. Want to avoid…
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HaaS: Don’t Be Morgan Stanley
The headline of the Bloomberg article was simple enough: Morgan Stanley Lost Some Hard Drives. But in that headline was a hidden message to MSPs that offer hardware as a service. And that message couldn’t have been louder, darker, or more urgent. Welcome to the next episode of the Technology...
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Security Awareness Training: It’s a ”Must Have”
If you’re not offering a security awareness training solution, then you’re not only doing a disservice to your customers, but you could, under some scenarios, be exposed to legal liability. Wait, what? Legal liability for not offering security awareness training? Listen up. (After listening…
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Quotes: How Long? How Detailed? How Terrifying!
How much detail should be in your quotes? What if your quote is too short? What if its too long? What if we answered all of these questions AND told you how to manage your customers' expectations simultaneously? That's exactly what we do in the 41st episode of the Technology Bradcast. Listen up.
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You Can’t Solicit My Employees...Or Can You?
You can't solicit my employees, and if you do, you'll pay. Or will you? Hmmm... Are non-solicitation agreements really enforceable? If not, then what should you do? Let's talk about it. Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0...
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Avoid the Pitfalls of Transition Services
Transition services – every MSPs provides them but very few protect themselves from the pitfalls that plague those services. What kind of pitfalls are we talking about ? The kind that can land you in court. I’ll tell you how to avoid those pitfalls right now. Listen up. Music: "Werq" Kevin…
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The 3 Truisms of Compliance as a Service
Your MSP offers compliance as a service, which means you’re giving compliance-related advice to your customers. But what if your advice is wrong? Or what if the law changes and your advice becomes obsolete overnight? Want to avoid the pitfalls of compliance as a service? Listen up. Music: "Werq"...
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Lost In Translation: How Good Agreements Can Go Bad
You can have the best agreement in the world, but it means nothing if you don’t implement that agreement correctly. Poor (or no) implementation means big and expensive trouble for your MSP. Want to learn how to implement correctly? Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed...
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Avoiding the Biggest Legal Threat to MSPs
We're closing out the year with a discussion of the legal loophole that ambulance chasing law firms might use in the future to sue MSPs like YOU. This may very well be the most important episode of the Technology Bradcast--ever. You need to listen up. Music: "Werq" Kevin MacLeod (incompetech.com)...
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The Immutable Laws of Working in Co-Managed Environments
If you're scared of the headaches and heartaches of providing your services in a co-managed environment, then you need to follow the "Brad Gross Three Immutable Laws of Providing Services in a Co-Managed Environment." Yeah, ugly title but damn great advice. Listen up. Music: "Werq" Kevin MacLeod...
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Buying Out Your Partner: The Art of the Buy/Sell Agreement
If you're going to buy out your partner, then you'll need a buy/sell agreement. But what is a buy/sell agreement, and what are the “must have" provisions to include in that agreement? You have questions? I’ve got answers. Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under...
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The Art of the Declination Letter
A customer declines your services so you're going to send a declination letter--but is that enough? Should you send a waiver? Does the customer have to sign your document? How do you protect your company from customers that reject important services? We're revisiting declination letters--what…
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Cybersecurity: The 3 Questions That Keep You Up at Night
I know what keeps you up at night. Your company provides managed IT services and you’re wondering if your company will be liable when—not if, but when-- it experiences a data security breach. You’re also wondering whether your company will be responsible for a breach that happens to an upstream...
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Your Customer's Directors are Fighting: What Should You Do?
The directors of your customer’s company are fighting with each other, and one of them sends you an email saying, “I want you to give me all of the administrative passwords for the company.” Do you have to turn that information over? Should you? Listen up. Music: "Werq" Kevin MacLeod...
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When "Joe" Disappears: Apparent Authority and Your Agreements
You've entered into a long term deal with a great customer. Joe, the customer's manager, signed the deal. Three months later your customer wants to terminate the contract, claiming that Joe had no authority to sign that contract. Now what? Answer: Listen to this episode of the Technology Bradcast...
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Post-Incident Meetings: What You Need to Know
Post-incident meetings reduce your company's liability and boost its defenses after a cyber attack. Want to learn how to organize and run an effective Post-Incident Meeting? Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0 License
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Quote vs Proposal vs SOW: A Primer
Your customer wants something in writing. Do you give a quote? A proposal? A statement of work? An invoice? I know the differences. Do you? Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0 License
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Declination Letters:Necessary Protection
You told your customer to purchase a particular solution and your customer declined. You know it will eventually come back to bite your customer—and maybe your company as well. What should you do? Protect (and market) your company with a "decline letter." Music: "Werq" Kevin MacLeod...
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Believing in Your Value
You must believe in the value of the services you provide. If you don't, your clients won't either and they'll try to negotiate your pricing--and that's a race to the bottom. Belief starts now. Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By…
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Off-Boarding: Breaking Up (Shouldn't Be) Hard to Do
Off-Boarding. It's how you wrap things up with your customer. But it’s not always as simple as flipping a switch and shutting things down. You need to prepare for the end, at the beginning. Want to know how? Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under Creative Commons:...
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The Three Provisions MSPs Should Never Negotiate
Your customer’s lawyer wants to negotiate your service agreement. But I’m in your head saying, “Don't negotiate those three provisions..." You think, "What’s Brad talking about? What terms shouldn’t I negotiate? What’s he saying?” Listen up… Music: "Werq" Kevin MacLeod (incompetech.com) Licensed...
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When Bardissi Speaks, You Need to Listen
George Bardissi, CEO of BVoIP, is one of the most well-known, experienced, and successful vendors in the service provider industry--and now he's sharing his unique industry insights with the Technology Bradcast. Join us as George tells us why MSPs should not be afraid to offer VoIP services, and...
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Advice Every MSP Must Hear: The Saulsbury Interview
In our first Bradcast interview, the CEO of Network Solutions Unlimited, Frank Saulsbury, gives you some of the best MSP business advice and customer strategies you'll hear anywhere. Want to learn the secret to getting a great "first time appointment?" Want to learn what mistakes to avoid and how...
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You Didn't Activate 2FA: Now What?
You didn’t install two factor authentication in your client’s managed environment and now a hack occurred. Did you commit negligence? Are you liable for damages? My answer might surprise you. Listen up. Music: "Werq" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution...
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ABOUT THIS SHOW
Bradley Gross, one of the top technology attorneys in the country, discusses security, licensing, and contract issues for MSPs. Learn what you're doing wrong and how to fix it, so you can sleep more soundly and focus on what you do best.
HOSTED BY
Bradley Gross
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