Category Archives: «Article»

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......

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......

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......

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......

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......

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......

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......

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......

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......

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 ......

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......

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......

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 ......

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......

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....

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......