Although many software matters are resolved informally with self-audit or other contractual provisions, there are times when the amount in controversy is too high or the legal issues are too important to resolve out of court. When end users receive a license termination notice or a cease-and-desist letter, they need counsel who can examine the rights granted by the software license and determine whether it is necessary to file a declaratory judgment action seeking a resolution of the outstanding legal issues and requesting an temporary restraining order or an injunction precluding the publisher from terminating the software license pending the resolution of the matter.
When the software publisher files a lawsuit, initiates a mediation or arbitration, or refuses to reach a reasonable resolution after a software audit, end users should seek experienced counsel who can guide them through the complex litigation process.
Our attorneys have litigated in federal courts across the nation and state courts in Texas, California, New York, and Florida. We have mediated and arbitrated cases before the AAA involving software licenses, and have helped our clients not only resolve the contentious legal issues but also revise the license terms governing the future relationship between the parties to help reduce potential friction resulting from badly drafted contractual obligations.