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  • Article

    BSA Audit Procedures

    Most BSA Audits begin with a report from a disgruntled employee or former employee.
    United StatesAccounting and Audit
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Microsoft’s Auditors Are Not Infallible

    Microsoft licensing is a complex, multi-faceted undertaking, with different rules and license metrics applying to different products.
    United StatesAccounting and Audit
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Injecting SPLA Into Customer Agreements

    A business providing products to its customers under the Microsoft Services Provider License Agreement should be aware of the End User License Agreement requirements.
    United StatesCorporate/Commercial Law
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Black Friday For Software Copyright Infringement Settlements

    As the year comes to a close, many software publishers and trade associations with calendar year accounting are resolving as many outstanding software audits as possible.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Customers Using Software Recently Acquired By IBM Should Proceed With Caution

    In 2015, IBM acquired no fewer than 11 software and services companies. Many software customers are surprised that after IBM purchases a company, IBM often significantly changes the license terms of the products.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Management’s Ignorance Is Not A Defense To Copyright Infringement Claims

    Software publishers regularly audit customers or potential customers to ensure license compliance and deter against copyright infringement.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Mesmerizing Multiples

    The Business Software Alliance (BSA) typically applies a two-times or three-times multiple to the current suggested retail price of the most recent version of the software.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Software Escrow Provisions In Agreements

    Most technology-related contracts have provisions that seek to protect the seller or licensor’s intellectual property rights.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Top Three Revisions To Request In Software License Audit Clauses

    Large companies that invest heavily in software licensing are familiar with the extremely one-sided nature of most software license audit clauses.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Treat Audit Demands Like A Litigation Hold Letter

    Software publishers are regularly auditing customers to ensure compliance with license agreements, and may initiate audits directly, or through entities such as BSA|The Software Alliance, and the Software & Information Industry Association.
    United StatesIntellectual Property
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Considerations When Upgrading Your Software

    Organizations considering whether to upgrade to the latest software versions sometimes fail to take into account one important component–license terms.
    United StatesMedia, Telecoms, IT, Entertainment
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Software Publishers Use Internet Posts To Aid In Infringement Claims

    Companies should be aware of what they are posting regarding their services on the Internet.
    United StatesMedia, Telecoms, IT, Entertainment
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    The Challenges Of Compliance

    This firm often assists regulated entities with compliance-related concerns such as information security, due diligence, software licensing, and data breach notifications.
    United StatesMedia, Telecoms, IT, Entertainment
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Timing Is Key For Software Audit Settlements

    More than 90 percent of software audits initiated by software publishers or representative entities, such as the Business Software Alliance and Software & Information Industry Association, are settled out of court after negotiating a final settlement payment and terms.
    United StatesMedia, Telecoms, IT, Entertainment
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Data Breach Notice Statutes

    For businesses regulated by the Health Insurance Portability and Accountability Act or the Gramm Leach Bliley Act, the amount of effort required to be compliant can be staggering.
    United StatesPrivacy
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Data Concerns In Outsourced Applications

    Outsourcing information technology functions that are not mission critical can seem like an attractive proposition.
    United StatesPrivacy
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Google Announces A New Cloud Platform

    Google recently announced new and improved Cloud platform offerings. For businesses regulated by the Health Insurance Portability and Accountability Act ("HIPAA") or Gramm Leach Bliley Acts ("GLBA"), moving data to the Cloud is not something to be taken lightly.
    United StatesPrivacy
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Personal Data Privacy And Security Act Of 2014

    Companies conducting business in highly regulated industries will often select our firm to assist with evaluating privacy compliance.
    United StatesPrivacy
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    The Kaiser Breach Case-What You Can Learn

    Just recently, California Attorney General Kamala Harris filed suit against Kaiser Foundation Health Plan, Inc. because of an alleged 2011 data privacy incident.
    United StatesPrivacy
    Scott & Scott LLP
    Scott & Scott LLP
  • Article

    Using Vendor Agreements To Protect Against Data Breaches

    The recent Target data breach, one of the largest breaches in history, appears to have been initiated after intruders used stolen vendor credentials to access Target’s point-of-sale system and install malware.
    United StatesPrivacy
    Scott & Scott LLP
    Scott & Scott LLP

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