Partner

After a one-year clerkship with a federal magistrate judge, Julie Machal-Fulks has spent her 16-year legal career on the team at Scott & Scott. She has been an equity partner in the firm since 2008.

Over the years, Julie’s practice has included software license interpretation, software audit defense, issues involving privacy and network security, and copyright and trademark infringement. Julie has defended clients in more than 250 software audits involving Autodesk, Microsoft, Adobe, IBM, and Oracle.  Today she leads her clients through the software licensing process from procurement to audit defense and everything in between.  Known as the “Commander” inside the firm, Julie is comfortable taking the lead the role in major transactions and disputes.

Before becoming a lawyer, Julie studied English in undergraduate school while practicing as a paralegal who analyzed large amounts of data in criminal cases, both of which prepared her for compiling and presenting software audit materials in a concise, understandable manner. She earned her Juris Doctorate from the University of Houston School of Law and a Bachelor of Arts in English with honors at Texas A&M University – Corpus Christi.

After learning BASIC programming on a Tandy TRS-80 computer in middle school, Julie has always been intrigued by technology and computers.  She found that Scott & Scott was a natural fit.

Julie likes providing comprehensive solutions that address the legal and technical challenges clients face, while considering their business needs.   Recently, Julie has been helping her clients solve privacy and data security concerns in technology transactions with IBM and Oracle.

Julie’s writing has appeared in several publications including the Northwestern Journal of Technology and Intellectual Property, the IT Compliance Institute Journal, the Journal of Legal Technology Risk Management, Texas Lawyer, the ITAM Review and the American Bar Association, Section of Litigation.

Julie has also conducted several webinars for the firm and made several presentations around the country including at the SAM Summit, MSP Alliance MSPWorld Conference, the Dallas County Bar Association Computer Law Section.

She has also been quoted/interviewed for the Fresno Bee, CIO, IT World, Tech News World, Information Week and the E-Commerce Times.

Education

2000 - University of Houston School of Law - Juris Doctorate - Law
1997 - Texas A&M University - Corpus Christi - Bachelor of Arts w/Honors - English

License

2000 - Texas
2010 - California
2014 - New York

Clerkship

2000-2001 United States Magistrate Judge Adriana Arce-Flores

Affiliations

Managed Service Providers Alliance - Member
Microsoft Software Asset Management Partner - Partner
Executive Women's Golf Association - Member

Admissions

Texas State Courts
California State Courts
New York State Courts
United States District Court for the Northern, Western, and Eastern Districts of Texas

Community

Dallas Opera Inner Circle
Reading Radio Resource, Prom Night Executive Chair    2011-2013

Presentations

DatePresentation
April 2017MSPAlliance MSPWorld Conference: Using Contractual Provisions to Manage Customer Expectations
March 2017Compliance Manager Summit: Surpises & Gotchas in Your IBM License Agreements
March 2017Compliance Manager Summit: Know Your Rights - Legal Approaches to Minimizing Oracle Audit & Compliance Risk
October 2016MSP Alliance MSPWorld Conference: Whats Hidden in Your SPLA?
July 2016SAM Summit: Know Your Rights: Legal Approaches to Minimizing Oracle Audit & Compliance Risk
July 2016SAM Summit: Surpises & Gotchas in Your IBM License Agreements
May 201638th Annual Corporate Counsel Institute: Software as a Service and Cloud Contracts: Avoiding the Risks
April 2016MSPAlliance MSPWorld Conference: The Best Defense is a Good Offense: How the Certification Revisions will Help Reduce Licensing Liability for MSPs
February 2016State Bar of Texas Intellectual Property Law Workshop: Managing Software Compliance
January 2016Scott & Scott CLE Webinar: Legal Risks of IBM Licensing  
October 2015MSPAlliance MSPWorld Conference: Getting Stripped of Your Profits: How to Use Contractual Language to Minimize Risks
September 2015Scott & Scott CLE Webinar: Oracle Licensing Considerations
April 2015Clear Law Institute Webinar: Drafting IT Master Services Agreements
March 2015MSPAlliance MSPWorld Conference: Six Secrets to Negotiating Managed Services Agreements
October 2014MSPAlliance MSPWorld Conference: Managed Services Contract Negotiation Workgroup
October 2014Strafford CLE Webinar: Drafting IT Master Services Agreements 
March 2014MSPAlliance MSPWorld Conference: Managed Services Contract Negotiation: How to Win More Business While Staying Safe! 
October 2013MSPAlliance MSPWorld Conference: How to Compete as an MSP in a Regulated World 
September 2013Dallas County Bar Association Computer Law Section CLE: Enterprise Software Licensing  
July 2013Scott & Scott CLE Webinar: Hot Topics in Adobe Licensing 
March 2013MSPAlliance MSPWorld Conference & Expo: Managing Risk, Compliance and Legal Hurdles in Your MSP & Cloud Practice  
October 2012CAUCUS IT Procurement Summit: Key Strategies for Resolving Software Disputes 
October 2012MSPAlliance MSPWorld Conference & Expo: Not on my Cloud! How to Differentiate your Cloud Offering 
March 2012Scott & Scott Webinar: The Legal Risks of IBM Licensing 
February 2012MSPAlliance MSPWorld Conference & Expo: Building a Verticle Around Regulated Industries to Increase Your Business 
November 2011Texas Wesleyan Business Leadership Symposium: Enterprise Software Licensing, New Choices - New Obligations 
September 2011MSPAlliance MSPWorld Conference & Expo: The HITECH Act and Its Impact on MSPs 
August 2010NTEC Task Force Quarterly Meeting: Privacy, Network Security & the Law
June 2010ISSA Meeting: Responding to Data Breaches
April 2010Secure World Dallas Spotlight: Responding to Data Breaches
December 2009MSP Alliance Webinar: Service Level Agreement Marketing, Legalities and Monitoring for the Managed Service Provider
November 2009MSP Alliance: Using Service Level Agreements
August 2009Brighttalk Webinar: Privacy, Network Security & the Law
May 2009MSP Alliance: A Legal Guide to Managed Services
July 2007Dallas CLE: Legally Defensible Privacy & Security Policies
June 2007San Antonio CLE: Privacy, Network Security & the Law
May 2007NASD Chicago: The Business Impact of Data Breach
May 2007IT Compliance Institute: Legally Defensible Privacy & Security Policies
December 2006Austin CLE: Privacy, Network Security & the Law
November 2006Houston CLE: Privacy, Network Security & the Law
September 2006Dallas CLE: Privacy, Network Security & the Law
July 2006Dallas County Bar Association, Computer Law Section: Privacy, Network Security & the Law
May 2006Ventura County Bar Association: Successfully Defending Software Audits

 

Publications

Texas Lawyer3 Backup Tips to Protect Your Firm's Data
Texas LawyerThe Importance of Escrow Agreements in Software and Technology License Agreements
Texas LawyerIs Your Head in the Cloud? How to Talk Techy to Your IT Staff
Texas Lawyer3 Keys for Valuing Software License Disputes 
Texas LawyerProduction of Electronic Records in Global Market
Texas LawyerBusiness Continuity Risks for Hosted and Cloud Services
Texas LawyerNavigating Termination Provisions in Software Agreements
Texas LawyerGeographic Limitations in Software Licenses
Texas LawyerThe Importance of Indemnification Provisions in Software License Agreements
Texas LawyerDoing Deals: Don't Forget Software Licensing
Texas Lawyer4 Questions In-House Counsel Can Ask to Understand How to Protect Proprietary Information
Texas LawyerIT's Response to Software Audits Needs Legal's Input
The Licensing JournalManaging Software License Disputes: Cooperation or Litigation
American Bar Association, Section of Litigation, Technology for the LitigatorDefending Enterprise Clients in Publisher Software Audits
Texas LawyerCopyright Protection and Lawyer Advertising
Texas LawyerResponding to Data and Security Breaches
Texas Wesleyan Law ReviewEnterprise Software Licensing: New Options - New Obligations
Texas LawyerClick-Wrap, Shrink-Wrap, and Browse-Wrap Agreements
The ITAM ReviewIBM Virtualization; Five Hidden Costs
Scott & Scott, LLPLegal Issues in Autodesk Licensing Guide
Texas LawyerNegotiating Enterprise Software Licenses
Enterprise FeaturesWinning the War Against Digital Espionage and Data Privacy Leaks
IT Compliance Institute JournalPrivacy, Network Security and the Law
Texas LawyerManaging Software License Disputes: Cooperation or Litigation
Northwestern Journal of Technology and Intellectual PropertyEthical Considerations for Attorneys Responding to a Data Breach
IT Compliance Institute JournalLaptop Data Breach: Mitigating Risks through Encryption & Liability Insurance
Journal of Legal Technology Risk ManagementPrivacy, Network Security and the Law
MSPAlliance.comA Legal Guide to Managed Services

 

Media Coverage

PublicationTopic
The Fresno BeeFresno County pays IBM $2.3 million following software audit
CIOHow to manage the risks and costs of software compliance
ITWorldBeware of Oracle's licensing 'traps,' law firm warns
TechNewsWorldThe Rise of Cybervigilantism
InformationWeekSAP Court Move Could Limit Oracle Evidence
E-Commerce Times'Frivolous' Facebook Lawsuit May Have a Leg to Stand On
TMCnet.comScott & Scott LLP Issues Response to Data Security Incident at Neiman Marcus