Posts Tagged ‘san diego software attorney’
Is a Company Liable for Software Defects, when a Vulnerability is Discovered but Not Exploited? A Recent Cisco Settlement Suggests Liability May Be Assessed
If you are in the software business, you likely recognize that you can be sued for materially breaching contracts, infringing third party IP, and data breaches but you may not realize the extent of your liability just for making the sale of a software product deemed to contain a security flaw in the first place,…
Read MoreCan Your Company Be Sued Over a Software Update? Tesla Suit Signals New Trend in Class Action Suits
When your company releases its next software update, you may want to consider the potential legal implications of the release. There seems to be a new trend in class action litigation: suits over software updates. As Reuters first reported, an owner of a Tesla vehicle has filed a lawsuit against Tesla, Inc. claiming that a…
Read MoreSoftware Industry Concerned About the Potential Impact of AB-5 on Gig Economy
The Software Industry is closely following legislation in California that, if passed, could have a huge impact on Gig workers and the software companies that rely on them. The legislation at issue is AB 5, which would codify and expand the California Supreme Court’s recent decision in Dynamex Operations v. Superior Court (2018) 4 Cal.…
Read MoreSoftware Industry Warns of Fallout from Australia’s Passage of New Anti-Encryption Legislation
The software industry is raising concerns about the potential consequences of Australia’s recent passage of legislation to provide law enforcement with expansive new powers to compel the disclosure of encrypted data. According to ITPro, the “Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018” was approved by a 46-11 majority in the Australian parliament…
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 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 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 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 MoreSilicon Valley Software Law Blog’s Kristie Prinz to Present Webinar on “Drafting Software Hosting Agreements: Service Availability, Performance, Data Security, and Other Key Provisions”
Silicon Valley Software Law Blog’s Kristie Prinz will be featured as a speaker for the webinar “Drafting Software Hosting Agreements: Service Availability, Performance, Data Security, Other Key Provisions” for the Atlanta, Georgia-based Strafford on January 23, 2018. The firm has published a press release on the event, which is attached here. To register for the…
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 co-presenting a webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests” with Kelley Miller of Reed Smith on August 8, 2017 at 10:00 a.m. PST/1:00 p.m. EDT. To register for this webinar, please sign up at: https://www.straffordpub.com/products/negotiating-saas-agreements-drafting-key-contract-provisions-protecting-customer-and-vendor-interests-2017-08-08.
Read MoreBipartisan Bill Introduced in Senate that Seeks to Prevent Attacks on American Cyber-Networks
Democratic Senator Brain Schatz of Hawaii and Republican Senator Ron Johnson of Wisconsin have introduced the “Protecting Our Ability to Counter Hacking Act of 2017,” also known as the “PATCH Act of 2017” in the U.S. Senate Homeland Security and Governmental Affairs Committee, following the recent “WannaCry” ransomware attack, with the intention of requiring government…
Read MoreNegotiating the Purchase of SaaS Company Assets: Key Problems to Anticipate in any Deal
In light of the popularity of the SaaS model of doing business, it is not uncommon to come across deals in which one software company is buying a third party company’s SaaS assets. While there are many reasons to be wary of these types of deals, regardless of what side of the transaction you are…
Read MoreCommon Software Agreement Fee Drafting Problems and How to Fix Them
Updated 6.21.24 When a client sends me a software license agreement or SaaS agreement to review or update, I always make a priority of reviewing any terms in the contract involving fees and then carefully reviewing the website and any marketing materials or fee schedules to confirm that the fee terms in the contract clearly…
Read MoreDoes Your Customer Software License or SaaS Agreement Leave Your Software Company Vulnerable to a Legal Dispute Over Implementation?
If your software company is like most software companies these days, you likely set up a software interface and train your customers on how to use the product at the very beginning of the relationship. You probably even charge some sort of fee for these initial services that you provide. And the set-up process may…
Read MoreApple Implements App Store Affiliate Commission and Pricing Changes
If your software business makes available an app in the Apple App Store, then you will want to make note of several business changes that Apple has just recently announced. The first change is that Apple has reduced the App Store affiliate commission from 7% to 2.5%, as was reported by Tech Crunch. An affiliate…
Read MoreCould a Software Developer Whose Code is Used for Hacking Be Convicted of a Crime?
If you are a software developer and you develop code that hackers then use to commit crimes, then you may be a risk for criminal prosecution, as an Arkansas developer named Taylor Huddleston recently discovered according to an article published by The Daily Beast. According to The Daily Beast, Huddleston developed a remote administration tool…
Read MoreService Level Agreements: What is a Service-Level Agreement or “SLA” and When Do You Need One?
Updated 6.21.24 If you are in the software industry, you may have heard of a “service level agreement” or “SLA,” but do you really understand what a “service level agreement” actually is or when you might need one? What is an SLA? A “service level agreement” or “SLA” is a technical agreement that defines that…
Read MoreSaaS Contracts: Is Your SaaS Contract Extending Your Sales Cycle?
The average sales contract being signed by a SaaS company has nothing to do with the technology being sold and fails to include all of the key contract terms that need to be in a SaaS contract. Thus, not only does the poor nature of the contract complicate the process of signing up new customers…
Read MoreUS Navy Responds to Copyright Infringement Suit Filed by Bitmanagement Software
Bitmanagement Software GmbH recently filed suit against the US Navy, alleging willful copyright infringement of its 3D virtual reality software “BS Contact Geo” and demanding $600 million in damages. A copy of the complaint has been posted by Business Insider at the attached link. Bitmanagement’s complaint alleges that the software license agreement entered into with the…
Read MoreSilicon Valley Software Law Blog’s Kristie Prinz to Speak at Webinar on “Negotiating Service Level Agreement Key Terms”
The Prinz Law Office is pleased to announce that Silicon Valley Software Law Blog’s Kristie Prinz will be speaking at an upcoming webinar on “Negotiating Service Level Agreement Key Terms” on December 21, 2016 from 10 a.m. to 11:30 PST. For more information about the webinar, please see the firm’s press release on the event…
Read MoreSilicon Valley Software Law Blog’s Kristie Prinz to Speak at Upcoming Webinar on “Negotiating Software as a Service Contracts”
The Prinz Law Office is pleased to announce that Silicon Valley Software Law Blog’s Kristie Prinz will be speaking at an upcoming webinar “Negotiating Software as a Service Contracts” on December 19, 2016 from 1 to 2:15 p.m. EST. For more information, please see the firm’s attached press release. Press Release on Clear Law Institute…
Read MoreDigital Rights Management Software and the Printer Hardware Business
HP reopened a new front in the controversy between the printer hardware business and digital rights management software when it reportedly downloaded digital rights management software to customer printers as a recent security update. Fortune reported that HP’s actions were first recognized by a Dutch printer cartridge vendor after some 1000 customers contacted the company…
Read MoreFTC Announces Approval of Final Order in Deceptive App Case Against Vulcan
The Federal Trade Commission has today announced the approval of its final order resolving its complaint against the San Francisco-based software company Vulcan on deceptive and misleading conduct allegations that Vulcan had purchased a browser extension game and replaced it with a program that caused the automatic installation of applications on the game users’ mobile…
Read MoreShould Your Software Company Be Concerned about Product ADA Compliance?
If your software company leases office spaces, then you may have some familiarity with the legal issues involving whether or not the space is compliant with the Americans with Disabilities Act (the “ADA”), but have you ever considered whether your software product itself is ADA compliant? If the answer is no, then it may be…
Read MoreMicrosoft Launches New Constitutional Challenge Against Government Over Secret Data Requests
Microsoft has just opened a new chapter in the software industry’s pushback against alleged federal government overreach by filing a constitutional challenge over indefinite government gag orders when the government subpoenas information from customer cloud accounts. Microsoft’s complaint alleges that the orders violate First Amendment free speech rights and Fourth Amendment rights regarding unreasonable government…
Read MoreThird Party Hacks San Bernardino Terrorist iPhone, Ending Standoff Between Apple and FBI
The U.S. Justice Department announced yesterday that the third party who came forward and convinced the FBI that it could unlock the San Bernardino terrorist’s encrypted iPhone successfully unlocked the encrypted iPhone, ending the standoff between Apple and the FBI. The government informed the court in its filing yesterday that it had successfully retrieved the…
Read MoreLawyer Kristie Prinz Invited to Present Upcoming Webinar on “Negotiating Software as a Service Contracts”
Silicon Valley Software Law Blog author Kristie Prinz has been invited to present a webinar on “Negotiating Software as a Service Contracts” for Clear Law Institute on May 6, 2016 at 10 a.m. PST/1 p.m. EST. For more information on the event or to register, please visit the Clear Law Institute website at http://clearlawinstitute.com/.
Read MoreGovernment Backtracks in Dispute Against Apple Over Unlocking Terrorist iPhone
The government has asked to postpone its scheduled hearing against Apple tomorrow, according to breaking news reports by Fox News and the Associated Press as well as The New York Times. It is reported that “an outside party” has identified to the FBI a possible method to unlock the iPhone used by one of the…
Read More