Microsoft compliance audit disputes

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Represented Washington state-based managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included identification and evaluation of appropriate alternatives to audit materials requested by auditors, as well as application of changing license metrics for Windows Server and the implications of those changes to the client’s audit-related financial exposure. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.


Represented North Carolina-based managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included identification and evaluation of appropriate alternatives to audit materials requested by auditors, challenges to the auditors’ historical usage-extrapolation methodologies (including consideration of historical over-reporting) and application of customer-supplied licenses to support Microsoft product usage in physically dedicated environments. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.


Defended Louisiana-based managed services and cloud provider against over-reaching audit findings and settlement demands in a Microsoft SPLA audit matter. Principal issues addressed included identification and application of appropriate license metrics to SQL Server installations, and exclusion of historical usage calculations for virtualization hosts that previously were physically dedicated to particular end users. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.


Represented Pennsylvania-based managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included identification and evaluation of appropriate alternatives to audit materials requested by auditors, application of Active Directory security groups to control usage of SAL-licensed products, identification and exclusion of products not reportable under SPLA, and the client’s requirement for an extended settlement-payment period. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.


Defended Michigan-based managed services and cloud provider against over-reaching audit findings and settlement demands in a Microsoft SPLA audit matter. Principal issues addressed included challenges to the auditors’ historical usage-extrapolation methodologies, and application of reduced-cost academic pricing to usage associated with qualified educational end users. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.


Defended Ontario-based, global provider online software solutions against over-reaching audit findings and settlement demands in a Microsoft volume licensing audit matter. Principal issues addressed included identification of passive software deployments not requiring incremental licenses, correction to erroneous licensed user counts, application of licenses acquired through Microsoft Partner benefits, and exclusion of decommissioned and unintentional product deployments. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.


Represented North Carolina-based, medical billing services provider in a Microsoft volume-licensing audit. Assisted the client in engaging with third-party auditors hired by Microsoft, gathering, reviewing and transmitting relevant information requested by the auditors, reviewing and vetting draft audit findings, and negotiating an acceptable resolution with Microsoft. Principal issues addressed included internal analysis of audit materials prior to submission to auditors, the auditors’ failure to recognize non-functional product installations, Microsoft’s pursuit of reimbursement for audit costs to which it was not entitled, and careful review of Microsoft’s proposed settlement terms.


Represented southeastern hospital group in its Microsoft SAM engagement and discovered a number of license compliance gaps during the process. Prepared an effective license position and made recommendations to remediate the group’s software licensing gaps and streamline its network to maximize its licenses and reduce costs.  Interfaced with Microsoft during the engagement to avoid escalation and resolve the matter by placing a True-Up order to remediate gaps.


Represented Italian managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included customer-licensed deployments in a multi-tenant hosting environment and the client’s lack of administrative access to those resources, as well as compliance calculations that did not recognize credit for over-reporting. Assisted the client with calculation of its effective license position and options for more appropriate audit-settlement terms.


Defended managed services provider in connection with Microsoft SPLA audit. Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Principal issues addressed included customer-licensed deployments in physically dedicated hosting environments and inadvertent, historical over-reporting of Exchange SALs. Consulted with the client regarding Microsoft licensing requirements. Assisted the client to evaluate its Microsoft license position, and negotiated more appropriate audit-settlement terms with Microsoft.


Defended infrastructure-as-service provider in connection with a Microsoft SPLA audit.  Issues addressed included the auditors’ finding regarding historical usage of SQL Server in a virtualization environment that erroneously was assumed to include high-availability functionality. Assisted the client to evaluate its Microsoft license position, and negotiated more appropriate audit-settlement terms with Microsoft.


Defended Healthcare solutions provider in connection with Microsoft SPLA audit. Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Issues addressed included deployments of Microsoft products on machines licensed for internal, development and testing usage (that therefore should not be counted for SPLA licensing), as well as deployments on customer-facing machines that nevertheless did not constitute a commercial-hosting use case. Consulted with the client regarding Microsoft licensing requirements. Assisted the client to evaluate its Microsoft license position, and negotiated more appropriate audit-settlement terms with Microsoft.


Advised US-based healthcare payment network on gathering audit data and responding to information requests from Microsoft’s auditors. Evaluated and objected to auditor’s SPLA-audit findings. Principal issue pertained to SQL Server deployments used in a passive-failover use case for which the auditors detected concurrent usage during data collection. Consulted with the client regarding other server-based Microsoft licensing requirements. Assisted the client in evaluating its Microsoft license position, and negotiated favorable audit-settlement terms with Microsoft.


Consulted with client regarding various Microsoft SPLA licensing rules and best practices. Assisted client to gather and review software deployment data and to prepare an evaluation of the client’s SPLA licensing position.


Consulted with client regarding various Microsoft SPLA licensing rules and best practices. Assisted client to gather and review software deployment data and to prepare an evaluation of the client’s SPLA licensing position. Advised client regarding negotiations with Microsoft related to SPLA contract amendments and also related to exposure from historical usage of software in commercial hosting operations.


Represented purchaser of hospital chain in connection with Microsoft licensing following closing of divestiture transaction.  Assisted client with negotiating perpetual license transfer forms from seller and new Enterprise Agreement with Microsoft.  Client saved approximately seven million dollars off Microsoft’s original licensing demand.


Represented global business services, document management and workflow solutions provider in connection with renegotiating its 36 million dollar Microsoft Enterprise Agreement to accommodate the divestiture of a substantial business unit.   Negotiations included transition services license grant, the right to allocate licenses between entities post-closing, and legal responsibility for data privacy and security risks associated with online services including 365 and Azure.


Represented a world-leading provider of information and analytics for professional and business in connection with renewal of its almost 40 million dollar Microsoft Enterprise agreement.  Negotiations included custom amendments related to 365 and Azure with emphasis on risk balancing, limitations of liability, price protection, and legal responsibility for data privacy and security.


Assisted managed services and hosting provider in a Microsoft SPLA audit conducted by Deloitte.  Evaluated and worked with client to correct and amend Deloitte’s SPLA-audit findings. Assisted client in evaluating its Microsoft effective license position (ELP) and options for more appropriate audit-settlement terms.


Consulted Canadian hosting provider regarding Microsoft licensing requirements and responses to preliminary audit findings and information requests in a SPLA audit matter.


Assisted Fort Worth medical services provider in evaluating a response to Microsoft’s license-compliance findings and options for more appropriate audit-settlement terms.


Assisted application hosting services provider based in Memphis in responding to Deloitte’s SPLA-audit-information requests and follow-up questions. Deloitte issued audit findings with zero exposure and Microsoft closed the review.


Worked with financial software hosting provider to gather audit data and to respond to information requests from Microsoft’s auditors. Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Assisted the client in evaluating its Microsoft license position and options for more appropriate audit-settlement terms.


Defended southeast e-mail hosting company in a Microsoft SPLA certified self-audit.


Defended Dallas-area video game studio in a Microsoft certified self-audit.


Defended nationwide hosting services provider in a Microsoft SPLA audit.


Defended international hosted IT infrastructure firm in a Microsoft SPLA audit.


Assisted digital forensics and e-discovery firm with a Microsoft self-audit.


Defended data management and analytics firm in a Microsoft SPLA audit that resulted in no licensing shortfalls or compliance penalties.


Defended home healthcare provider in a Microsoft audit involving heavily contested findings related to Microsoft Office component deployments.


Defended ambulatory care services company in a Microsoft SPLA audit.


Represented health care software vendor in Microsoft audit. Matter resolved confidentially.


Engaged by global email security and compliance company in a Microsoft SPLA compliance audit. Microsoft was represented by their auditors Ernst & Young.


Defended California IT managed services company in a Microsoft SPLA audit.


Defended global semiconductor manufacturer in multiple volume-licensing audits initiated by Microsoft.


Represented Pennsylvania based broadcasting corporation in a Microsoft SAM engagement.


Defended business applications firm for automobile dealerships and finance companies in a Microsoft SPLA audit involving heavily contested findings related to Windows Remote Desktop Services usage.


Represented regional hospital chain in a Microsoft SAM engagement resulting in a true-up purchase with no compliance penalty and a release of all compliance claims.


Assisted northwestern energy company with a Microsoft-funded licensing true-up review and negotiations to resolve compliance concerns.


Defended SaaS solutions firm both in a Microsoft SPLA audit and in a separate volume-licensing audit affecting other hosted solutions.


Assisted east coast IT services firm with Microsoft SPLA audit.


Defended business solutions firm in a Microsoft SPLA certified self-audit.


Defended Minnesota IT services firm in a Microsoft SPLA audit that resulted in no licensing shortfalls or compliance penalties.


Assisted medical IT services firm with a Microsoft SPLA audit.


Defended New Hampshire IT services firm in a Microsoft SPLA audit involving heavily contested findings related to Windows Remote Desktop Services usage.


Defended Midwestern hosting services firm in a Microsoft SPLA audit involving heavily contested findings related to SharePoint usage.


Defended dental financial services company in a Microsoft audit involving heavily contested findings related to Office usage, and assisted the company with a complex license transfer.


Assisted Midwestern data center solutions provider with Microsoft SPLA audit.


Assisted west coast IT services firm with Microsoft SPLA audit.


Advised global private club management company regarding Microsoft EA negotiations.


Assisted leading non-profit Texas hospital chain with negotiations to resolve contested findings in a Microsoft-funded licensing true-up review and to negotiate custom amendments to Microsoft volume license agreements following a pivotal corporate merger.


Renegotiated Microsoft Enterprise Agreement for leading oilfield services provider.


Assisted IT consulting and support services firm to formulate an appropriate strategy for licensing Microsoft software in a hosting environment.


Represented New York area hospital system in an audit conducted by Microsoft resulting in an out of court settlement and compliance savings of over $1,000,000.


Defended fortune 500 IT Services company in Microsoft audit resulting in a new $34,000,000 Microsoft Enterprise Agreement enrollment including a release of all compliance claims.


Advised global professional services company regarding Microsoft licensing under both SPLA and volume-licensing agreements, and assisted company in negotiating custom amendments to achieve global licensing objectives.


Assisted financial news giant with global Microsoft licensing health check involving over 50,000 computers.


Advised global travel technology company with Microsoft Enterprise Agreement true-up obligations.


Assisted IT consulting and support services firm in the preparation of customer agreements to accommodate hosted solutions supported by Microsoft SPLA licensing.


Assisted IT infrastructure solutions firm with strategies to ensure compliance with Microsoft SPLA licensing and in preparing customer agreements to accommodate hosted solutions supported by SPLA.


Advised mortgage lending company regarding Microsoft licensing.


Advised companies regarding Microsoft SPLA licensing requirements in connection with Microsoft audit dispute.


Advised global enterprise with more than 4,000 computers in connection with Microsoft audit related to true-up and affiliate enrollment provisions of Microsoft Enterprise Agreement.


Assisted global IT security firm in formulating a strategy for licensing Microsoft software on network-security appliances and in avoiding an audit initiated by Microsoft.


Defended Pennsylvania cloud services firm in a Microsoft SPLA audit, and also advised the firm related to prospective SPLA compliance and customer-facing agreements.