Are Your Clients Ready for GDPR on May 25?

Robert J. Scott & Stephen F. Pinson, Headnotes, 03/23/18 What is GDPR? The General Data Protection Regulation (GDPR) becomes effective on May 25, 2018 and should give all in-house counsel and law firms cause for worry. GDPR is the most wide sweeping privacy regulation to hit the global market since the 1995 EU Data Protection…


Licensing Oracle in the Cloud (Microsoft, Amazon or Oracle)

Julie Machal-Fulks, The ITAM Review, 12/06/2017 Increasingly, companies are considering outsourcing datacenter workloads to third-party hosted or cloud environments. Software publishers like Oracle are not only publishing guidance on how to count licenses that are installed in a third-party cloud environment, Oracle is also offering its own cloud solutions to customers. Although moving the Oracle…


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…


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…


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…


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…