Scott & Scott, LLP has represented hundreds of companies accused of software piracy by the Business Software Alliance. Our highly focused team of attorneys and technology consultants can guide your business through every step of the BSA Audit process.

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Scott & Scott, LLP represents clients in Microsoft audit matters conducted by the BSA, Microsoft SAM consultants, and for internal purposes. Our lawyers and technology consultants conduct Microsoft audit work related to annual true-ups, compliance initiatives, outsourcing contracts, and in connection with acquisition and divestitures.

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Scott & Scott’s experienced attorneys can help your company navigate Oracle’s license management and audit processes. We can interpret your existing license agreements, help you complete an Oracle Server Worksheet, make compliance recommendations, and assist you with resolving licensing disputes.

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Scott & Scott, LLP has extensive experience representing clients audited by Autodesk through their counsel Donahue Gallagher & Woods. Autodesk is among the most aggressive software publishers in its approach to license compliance enforcement. When responding to an Autodesk audit request, companies should work with experienced counsel to thoroughly investigate the matter and provide strategic advise based upon current and future business objective.

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Scott & Scott, LLP has a dedicated practice group focusing on defending companies accused of software license violations by IBM. Our lawyers have counseled many businesses in your situation. Our lawyers and technology professionals have the technical and legal skills necessary to vigorously fight for your interests against an IBM audit.

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Scott & Scott, LLP has a practice group dedicated to defending Software & Information Industry Association audits. If you have been accused of software piracy by the SIIA, you need experienced counsel to guide you through every step of the SIIA audit process. Our lawyers have the technical and legal experience necessary to protect your business against the SIIA. 

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Intellectual Property

Scott & Scott is committed to protecting our clients’ valuable intellectual property assets, including literary works, pictures, website content, and software applications.

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Scott & Scott, LLP's copyright attorneys understand how valuable a business’ copyrights can be and have years of experience helping organizations with copyright registration.

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At Scott & Scott, we are proud of our strong track record of helping businesses draft and negotiate IP license agreements in a variety of business settings.

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Scott & Scott is committed to protecting our clients’ valuable intellectual property assets, including those assets related to domain names, internet marketing, and search optimization. Scott & Scott’s team of experienced intellectual property attorneys can help businesses identify threats to their intellectual property rights. We monitor and police our clients' trademarks globally to reduce the risk of typosquatting, cybersquatting, or trademark infringement related to domain names.

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A trademark is often one of your most valuable assets. And like any other asset, it must be protected or it can be lost. Registering a trademark is only the beginning. From a business standpoint, widespread use of the same or similar marks by others adversely affects the perception of consumers. Trademark law places the burden of policing use of a mark on the mark’s owner, and we work with you to craft and economical strategy for protecting your mark. Scott & Scott has the tools and expertise to monitor and police the unauthorized use of your trademarks and stop it.

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Scott & Scott, LLP's trademark attorneys understand how valuable a business’ trademarks can be and have years of experience helping organizations with trademark registration. Scott & Scott assists businesses that market and sell their services on the Internet. Our lawyers have considerable experience with global brand expansion and management. Leveraging the Madrid Protocol, we are now able to assist with global brand launches in a fraction of the time and expense previously required for international trademark registration. Companies that market, sell, or distribute their products or services over the Internet are advised to have an international trademark registration strategy tailored to their unique business.

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IT Transactions

The attorneys at Scott & Scott, LLP have extensive experience negotiating cloud computing agreements. Clients benefit from an approach that balances risk using insurance and indemnity provisions, as well as ensuring compliance with the relevant statutory security requirements affecting either party.

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Technology companies, such as software developers and managed service providers often face overwhelming obstacles in their day-to-day businesses. One of those obstacles is to provide the best products and services to their customers without jeopardizing their valuable intellectual property rights. Scott & Scott’s attorneys represent technology companies of all sizes to manage their relationships with their clients and protect their intellectual property rights.

 

Scott & Scott, LLP’s attorneys have experience representing technology clients on all aspects of mergers and acquisitions. Our clients seek advice and guidance on stock and asset purchases, sales, divestures, and restructurings. Scott & Scott has the technology to inventory the assets being transferred and schedule the assets so that the acquiring entity can easily prove that it is the owner of the software assets.

 

Scott & Scott developed a Managed Services Legal Kit that includes Master Services Agreements and Service Level Agreements that its managed services clients can use both to define the legal relationship between the managed service provider and its clients, and also as a marketing tool during the managed service provider’s sales process.

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Scott & Scott, LLP’s technology clients rely on Scott & Scott to protect their intellectual property rights in their software products. Scott & Scott’s lawyers draft and revise software license agreements, relying on their extensive knowledge of software licensing. Our attorneys evaluate the software products, the available licensing models, make recommendations regarding licensing and royalty fees, and prepare the documents.

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Scott & Scott, LLP has the expertise to deal with issues confronting the media industry in technology and intellectual property litigation, as well as general business disputes, corporate transactions, business financing, and state and federal regulatory matters. We have successfully assisted media companies in protecting their valuable trade secrets and other intellectual property.

 

Litigation

Our experienced copyright attorneys aggressively litigate cases involving copyrights, including literary works, pictures, music, website content, and software applications. Our copyright attorneys are highly skilled litigators and transactional attorneys well versed in the nuances of copyright law. When a copyright dispute arises, our attorneys fight to protect our client’s interests.

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Although many software matters are resolved informally with self-audit or other contractual provisions, there are times when the amount in controversy is too high or the legal issues are too important to resolve out of court.  When end users receive a license termination notice or a cease-and-desist letter, they need counsel who can examine the rights granted by the software license and determine whether it is necessary to file a declaratory judgment action seeking a resolution of the outstanding legal issues and requesting an temporary restraining order or an injunction precluding the publisher from terminating the software license pending the resolution of the matter.

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Our intellectual property litigators work to ensure that our clients’ trade secrets remain their valuable assets. Our extensive experience and our innovative combination of intellectual property attorneys and technology experts enables us to work together with our clients to identify, protect, and defend their trade secrets – whether the issue arises out of commercial competition or employee exposure. 

 

Our experienced trademark attorneys aggressively litigate cases involving trademarks, including enforcement of trademarks, defending claims of trademark infringement, and unfair competition matters, such as trade dress, false designation of origin, trade secrets, and false advertising issues in both state and federal courts.   Our trademark attorneys are highly skilled litigators and transactional attorneys well versed in the nuances of trademark and unfair competition law.    When a trademark dispute arises, our attorneys will fight to protect our client’s interests. 

 

Security & Privacy

Every business collecting, using, maintaining, or storing electronic data is at risk for a security incident. Even those companies who have implemented the most advanced security initiatives are not immune from data breaches. Scott & Scott helps its clients prepare for and mitigate the liability, costs, and brand-damage associated with data security breaches or incidents.  Our clients trust us to implement preventive measures to minimize the threat of a notice-triggering event including privacy policies and procedures, ongoing privacy training, and proactive technology measures such as data encryption.

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By drafting policies that companies can follow, Scott & Scott helps mitigate the risk of an FTC or regulatory investigation, or unfair competition claim, based on failure to follow enumerated privacy and security policies.  We have helped clients design privacy and security policies that comply with Sarbanes-Oxley, the Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA), as well as numerous state and industry regulations.

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Many companies are struggling with the issue of vendor management and outsourcing.  While outsourcing technology and account services can be valuable in industries like banking and healthcare, the original service provider has the responsibility to ensure that the data is protected.  Scott & Scott represents companies in business transactions affecting privacy to ensure that the risks of a data security incident are properly allocated.  Our lawyers assist with provider due diligence and negotiate and draft contracts that mitigate risk and ensure compliance with applicable law. 

 

Scott & Scott develops information management solutions that not only comply with appropriate state and federal regulations, but also encourage entities to manage the information responsibly, appropriately prioritize and fund information management initiatives, and effectively mitigate risks. We help businesses carefully assess and determine information to keep, how to secure the information, and when and how to destroy or discard information.  Scott & Scott also develops document retention and disposal policies that adhere to the relevant state and federal privacy laws and any appropriate industry standards or safeguards rules.

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