Scott & Scott, LLP offers a broad range of services for businesses of all sizes. We offer services not only to companies that are already targeted by the SIIA | The Software & Information Industry Association but also to organizations that fear an investigation is imminent.
Compliance services include an in-depth review of the deployment and entitlement information relevant to proactive compliance initiatives and counsel on what the appropriate policies and procedures are necessary to ensure compliance and minimize exposure.
Regardless of whether a company’s compliance project is related to an outside audit, our privileged audits are protected by the attorney-client privilege. If SIIA sends a company an audit letter, our audit representation services include gathering the required information to demonstrate compliance, formulating an appropriate response to SIIA | The Software & Information Industry Association, and working to negotiate a favorable resolution to the dispute.
Many of our clients engage us for managed compliance services after an audit is complete to develop ongoing software asset management programs. We regularly evaluate organizations’ level of ongoing compliance so that companies can satisfy their ongoing licensing obligations and remain in compliance with the terms of their settlement agreements.
Failure to adhere to the terms of software licenses can have serious financial implications. In addition to potential breach of contract claims, software publishers can pursue claims of Copyright infringement. Companies are often financially crippled due to the unexpected penalties and defense costs associated with responding to an audit or defending against allegations of infringement. These companies also face negative publicity and expend significant resources to respond to the auditors or publishers. Every company has an obligation to avoid potential material off-balance-sheet liabilities and regularly evaluate compliance with software licenses. In most businesses, this means adopting new corporate policies, placing tighter restrictions on desktop users, and instituting best practices for documenting software purchases. If you want to avoid the cost and risk of an unsuccessful audit, the time to achieve compliance is now. The lawyers at Scott & Scott, LLP have extensive experience fighting SIIA | The Software & Information Industry Association. Leverage that experience to ensure that your business does not become the next SIIA target.
SIIA audits can be intimidating and can result in significant financial penalties and loss of productivity to an organization. Because the risks of noncompliance are so high, a company that has been contacted by SIIA | The Software & Information Industry Association should contact experienced counsel to protect the business. Many companies commit common mistakes like providing information that is outside the scope of SIIA's request, failing to understand and properly provide the requested information, or failing to secure an appropriate confidentiality agreement before producing audit materials. Scott & Scott, LLP has a dedicated practice group focused on defending companies accused of software piracy by SIIA | The Software & Information Industry Association. We are familiar with opposing counsel, and have resolved hundreds of SIIA audits without litigation. We will help you avoid the pitfalls many companies face when responding to an audit. Even if you have already received a settlement demand, it is not too late for us to get involved. There are many non-monetary settlement provisions that need to be addressed before an organization finalizes a settlement with SIIA.