Keli Johnson Swan, The Licensing Journal, April 2017 Mergers and acquisitions (M&A) typically require extensive financial and legal disclosures, due diligence, and complex contract language to protect buyers from legal issues that may arise from the purchase. Potential liability arising from intellectual property issues is a significant factor to consider in any M&A transaction. Following are a…

Stephen F. Pinson, The Licensing Journal, November/December 2016 Indemnification is a very important provision in a software agreement. It transfers legal risk between contracting parties, and the indemnification provision acts like an insurance policy for future lawsuits where a contracting party is sued by a third-party to the contract. Because this provision is a risk transfer mechanism, it is crucial to…

Julie Machal-Fulks, Texas Lawyer, January 2017 Helpful Tips to Manage the Cost of Annual Budgets and Corporate Transactions For many corporations, the end of the year signifies that it is time to look to the coming year and identify a corporate or department budget for technology expenditures. Additionally, throughout the year, attorneys are often asked to advise clients on potential technology expenses related to…

Julie Machal-Fulks, Texas Lawyer, 10/3/16 A law firm’s electronic data can be critical to the firm’s efficiency. If a firm’s electronic information were lost or otherwise unusable, it could hinder or even cripple the firm’s ability to successfully represent its clients. To help reduce the risks associated with lost data, many firms have a process…

The Licensing Journal, August 2016 A warranty is one of the most important contract provisions in a software contract. The warranty section deals with the performance of the software and what the licensor promises the software will or will not do. In a software contract, these performance warranties should be heavily negotiated, but usually they are overlooked.

Finance Monthly – Spotlight Feature – Software Disputes, Robert Scott, July 2016 Regardless of whether the publisher is Microsoft, Adobe, Autodesk, Oracle, IBM or any of their trade groups including the BSA | The Software Alliance, Scott & Scott, LLP sees common issues – here are the most critical ones.