0507
How to Know When to Seek Legal Advice When Negotiating a Software or Services Contract
Today’s corporate and business teams are well versed in negotiating pricing and other critical terms in software licenses and services agreements. With their collective experience and knowledge of the specific business needs, seeking internal or external counsel’s ad......
2001
How MSPs Can Limit Legal Liability
MSPAlliance, 1/16/20
Managed services providers today need protection more than ever. That’s because MSPs face more risks—not only cybersecurity and data privacy challenges, but compliance, profitability, technology and vendor issues, along with increased competition......
2612
Are Your Clients Ready for CCPA’s Jan. 1, 2020 Effective Date?
Headnotes, January 2020
The California Consumer Privacy Act (CCPA) becomes effective on January 1, 2020 and should give all in-house counsel and law firms cause for worry. CCPA is the widest sweeping privacy regulation to hit the U.S. since California’s Breach Notif......
1204
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 ......
0612
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......
2009
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 import......
2009
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 custo......
0905
Considerations for IP Liability Regarding 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. Potenti......
1901
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 lawsuit......
0901
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 fo......
0510
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 ......
1209
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 contra......
0408
Lessons Learned in Over 500 Software License Disputes
Finance Monthly - Spotlight Feature - Software Disputes, Robert Scott, July 2016
Regardless of whether the publisher is Microsoft, Adobe, Autodesk, Oracle, IBM or any of their trade groups including the BSA | The Software Alliance, Scott & Scott, LLP sees common issu......
1406
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 ......
1105
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 w......
0405
Is Your Head in the Cloud? How to Talk Techy to Your IT Staff
Julie Machal-Fulks, Texas Lawyer, May 2016
One of the most difficult issues lawyers face when dealing with technology is that technology professionals often use a different kind of language....
2403
Negotiating Software Contracts: The Three Riskiest Provisions
The Licensing Journal, March 2016
Software and service contracts come with many potential risks, and businesses should be mindful when initiating a new contract or a renewal. It’s considered a best business practice to negotiate the terms in a software or service contract......