201804.12
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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…

201712.06
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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…

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.

201608.04
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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 issues – here are the most critical ones.