Archive for 2018
Silicon Valley Software Law Blog’s Kristie Prinz to Speak on “Negotiating SaaS Contracts” for Clear Law Institute
Silicon Valley Software Law Blog’s Kristie Prinz will present a webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests” for Virginia-based Clear Law Institute on February 8, 2019 at 10:00 a.m. PST/ 1:00 p.m. EST. The sponsor has made available a 35% discount off the registration fee with the discount…
Read MoreRecent FTC Enforcement Action Should Serve as Warning to Other Software Companies Claiming Privacy Shield Compliance
If your company has either pursued Privacy Shield certification, or publicly claimed to be in pursuit of Privacy Shield certification, recent enforcement action by the Federal Trade Commission (“FTC”) should put your company on notice that failure to maintain your certification may render you subject to FTC enforcement activity if you continue to make representations…
Read MoreAre “Unethical” App Subscription Practices Ruining the App Store?
Tech Crunch and Forbes recently reported on a problem plaguing the App Store: unethical subscription practices. According to Tech Crunch, commonly utilized unethical practices include as follows: that the apps are too aggressive in obtaining subscriptions; that the apps offer little functionality without upgrading; the apps provide no transparency around how free trials work; and the…
Read MoreCalifornia Agrees to Delay Enforcement of Net Neutrality Law
The State of California has just agreed to delay the enforcement of S. B. 822, also known as the California Internet Consumer Protection and Net Neutrality Act of 2018, until litigation is decided regarding whether the FCC can preempt state net neutrality laws is decided by the US Court of Appeals for the District of…
Read MoreWhy Software Companies Need to Anticipate Insurance Requirements Before Commencing Negotiations on Significant Deals
If your company is like most, you postpone the procurement of insurance policies until you absolutely have to obtain them, expecting to be able to obtain whatever you need on demand. However, if your company is in the software space and you anticipate a significant deal is on the horizon, you should be anticipating your…
Read MoreCalifornia Governor Signs Net Neutrality Law; Department of Justice Responds with Suit to Block Law
Governor Jerry Brown has signed into law S.B. 822, also known as the California Internet Consumer Protection and Net Neutrality Act of 2018. The law is intended to go into effect on January 1, 2019 and, according to CNN, will establish the “strictest net neutrality protections in the country.” However, the U.S. government has responded…
Read MoreWhy Big Development Projects Can Equal Big Legal Headaches without Well-Drafted Agreements
If your company has just landed a big development project for a third party, do not underestimate the importance of the agreement in protecting the revenue stream you are being offered in exchange for your development services. The typical development agreement requires lump sum payments in installments throughout the term of the relationship. Also, the…
Read MoreSilicon Valley Software Law Blog Sponsor Announces New “Subscription Model” Option for Legal Clients
Silicon Valley Software Law Blog Sponsor, The Prinz Law Office, has announced today the launch of a new option for clients: the “subscription model” billing model. The firm will initially be offering daily and half-daily subscription models. The model is anticipated to potentially be a good fit with companies having ongoing legal review or advice…
Read MoreTop Mistakes Made in Software Deals without the Representation of Experienced Software Counsel
Updated 6.21.24 I was recently asked for a list of the top mistakes the average company will make when they enter into a software deal without getting an experienced software lawyer involved early in the negotiations. I thought it was an excellent question, so I wanted to share my thoughts on the issue with this…
Read MoreTechnology and Telecommunication Companies Lobby Congress to Adopt Federal Privacy Bill to Pre-empt California Data Privacy Law
USA Today is reporting that multiple technology and telecommunication companies are lobbying Congress to pass federal privacy legislation that would pre-empt the new privacy law recently passed in California which grants sweeping protections to consumers. In particular, USA Today reports that Amazon, AT&T, Apple, Google, Twitter and Charter Communications are leading the lobbying effort and…
Read MoreSilicon Valley Software Law Blog’s Kristie Prinz to Present Webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests”
Silicon Valley Software Law Blog Author Kristie Prinz will be presenting a webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests” for Clear Law Institute on 10/26/18 at 10:00 a.m. PST. Clear Law Institute is providing a registration discount for attendees who register with the discount code: KP119433. To register,…
Read MoreWhat SaaS Companies Need to Know About Source Code Escrow Agreements
Updated on 6.21.24 If your company is a SaaS business, you may come across a customer or prospective business partner who insists on the inclusion of a source code escrow agreement as part of the deal terms. If this scenario arises, you may be inclined to immediately agree to the prospective customer or business partner’s…
Read MoreIn Aftermath of GDPR, California Passes Consumer Privacy Act of 2018
After spending months preparing to comply with the European Union’s General Data Protection Regulation (“GDPR”), software companies now have a new U.S. data privacy law to be concerned with. California has just passed a landmark data privacy law of its own: the Consumer Privacy Act of 2018. To view the text of the law, click…
Read MoreCalifornia Supreme Court Strikes Blow to Software Industry Reliance on Gig Workers
If your software company is relying on so-called “Gig workers” to provide a service managed by your app and software platform, then you need to know about a California Supreme Court ruling just issued this week, which is likely to severely limit your ability to rely on the “Gig worker” model going forward in the…
Read MoreCalifornia to Consider Bill that Restores Net Neutrality
The California legislature is considering a bill that would restore net neutrality on a state-wide level when the FCC repeal of net neutrality takes effect next week. The California net neutrality bill, SB 822, was written by State Senator Scott D. Wiener, D-San Francisco. The text of SB 822 is attached here. According to the…
Read MoreIrish Court Has Referred Case to European Court Which Challenges Privacy Shield: Will the EU-U.S. Privacy Shield Framework Withstand Scrutiny by the European High Court?
If your software company has pursued Privacy Shield certification or is contemplating pursuit of certification, then you should know that an Irish Court has referred a case to the Court of Justice of the European Union, which could potentially invalidate the EU-U.S. Privacy Shield as it previously did with the Privacy Shield predecessor, Safe Harbor,…
Read MoreDrafting Software Hosting Agreements for ASPs and SaaS Hosting
I recently presented for myLawCLE on the topic of drafting software hosting agreements. I am pleased to now be able to share a recording of the full, two-hour presentation with interested Software Law Blog readers:
Read MoreSilicon Valley Software Law Blog’s Kristie Prinz to Speak on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests”
Silicon Valley Software Law Blog Author Kristie Prinz will be presenting a webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests” on June 11, 2018 at 10:00 a.m. The program will be sponsored by Virginia-based Clear Law Institute. To register for the event, sign up at the Clear Law Institute…
Read MoreWhat Software Companies Need to Know about the EU General Data Protection Regulation
If your business is in the software industry and you are doing any business in Europe, you should be aware of the EU General Data Protection Regulation (“GDPR”), as it will apply to your business when it goes into effect on May 25, 2018. You also may want to consider pursuing Privacy Shield certification before…
Read MoreSix Signs You Are Reviewing a Poorly Written Software Contract
I was recently asked how to recognize that a software contract is poorly written. Upon consideration, I’ve come up with six signs to watch for in order to identify a poorly written software contract. In my experience, the first sign of a poorly drafted contract is that contract completely confuses the software licensing and SaaS…
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