201709.20
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Negotiating Technology Contracts – Requirements

Stephen F. Pinson, The Pulse, July 2017 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…

201709.20
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Negotiating Contracts: 12 Key Terms in Negotiating a Software as a Service or Cloud Service Agreement

Stephen F. Pinson, The Licensing Journal, June/July 2017 Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and…

201705.09
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Intellectual Property Liability Considerations for M&A Transactions

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…

201701.19
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Negotiating Software Contracts: Successfully Negotiating an Indemnification Section

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…

201701.09
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How to Assist Clients with Estimating Expenses

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…

201610.05
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3 Backup Tips to Protect Your Firm’s Data

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…

201609.12
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Negotiating Software Contracts: Successfully Negotiating A Warranty Section

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.

201606.14
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The Importance of Escrow Agreements in Software and Technology License Agreements

Julie Machal-Fulks, Texas Lawyer, June 2016 Some of their most integral software applications businesses use are under another party’s control. When each party is upholding its end of the licensing bargain, these relationships can be long-lasting and useful. But, in some instances, the licensee can no longer access software on which it relies because the…

201605.11
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Software piracy claims can ruin your business and reward those responsible

Robert J. Scott, TechCrunch, 5/11/16 There is a highly divisive and costly practice that software companies have inflicted on their customers for nearly a decade. This practice brings with it significant emotional duress, time investment and financial penalties — all of which divert meaningful resources from revenue-driving activities. And to add insult to injury, this…