News & Analysis as of

In-House Elevated|The Time for In-house E-Discovery Is Now

It’s a data jungle out there—especially if you are sitting in the corporate counsel’s office, worrying about your organization’s growing stockpile of data in the cloud. In 2015, just 5 percent of data for discovery review was...more

SaaS Adoption Continues to Rise Despite Security Concerns

Software as a Service (SaaS) adoption has continued to climb with each passing year. Major contributors to this have been ease of deployment, improved productivity and lower cost of ownership. Furthermore, organizations have...more

New Legal Startups Are Changing the Practice of Law

Corporate Counsel recently reported on the dramatic growth of legal startups over the last two years — increasing from 412 to 1,104 today. This showed the increase in innovation targeting legal technology. While it’s valuable...more

Venture Capital Coast to Coast – June 2016

VC WATCH - Half-Time 2016: A Glass Half-Empty, or Half-Full? After two record years for venture fundraising and investment, the “bears” among us are already planning for the next down-cycle. Recent headlines...more

Is CaaS the solution for privacy and security in the SaaS world?

Companies are under tremendous pressure to reduce IT costs. Cloud and Software as a Service (SaaS) offer significant potential cost reductions through the use of shared infrastructure and standardized software offerings....more

Don’t Forget About Your Affiliates and Customers as Technology License End Users

Your business may license many different types of software and technology in the ordinary course of operations. These licenses range from software installed on your internal network to use-rights in software-as-a-services...more

Software as a Service is a Good?

There has been a revolution in how software is delivered to customers. Traditionally software was licensed in a physical form. The customer traditionally received a copy of the computer program in a tangible form (disk or...more

Draft law: Russian VAT on software license transactions and e-commerce services

On 24 December 2015 a draft law was brought before the State Duma introducing important changes to the VAT taxation of software supply transactions and IT services ('Draft Law'). VAT on e-commerce services supplied to...more

China’s MIIT Issues Long-Awaited New Telecoms Catalogue

More than twelve years after the promulgation in 2003 of the Catalogue of Telecommunications Services; the “2003 Catalogue”) China’s Ministry of Industry and Information Technology (“MIIT”) finally promulgated the amended...more

Demystifying the Cloud: 5 Things Corporate Legal Should Consider Before Buying E-Discovery SaaS

It’s a given in today’s era that e-discovery has moved to the cloud. However, not all cloud e-discovery solutions are created equal. In fact, cloud computing has become an amorphous term easily confused with true...more

Legal Trends: Capital Markets

We expect economic conditions, including those discussed in our M&A Trends piece?, to continue to create opportunities in the M&A market. As well-positioned issuers pursue these opportunities, some acquirers will access the...more

Michigan Court of Appeals Holds That Cloud Computing Applications Are Not Taxable as Software

On October 27, 2015, the Michigan Court of Appeals issued a much-anticipated decision in Auto-Owners Insurance Company v. Michigan Department of Treasury that has relevance to most Michigan companies concerning whether sales...more

Ground-breaking European Court Decision – US Safe Harbor Declared Invalid

Today, in a ground-breaking Decision, the Court of Justice of the European Union (CJEU) declared the US Safe Harbor scheme to be invalid, as well as confirming that individuals have the right to challenge any similar schemes...more

German Federal IT Committee Issues New Restrictions for Cloud Service Providers

Last month the German Federal Government IT Advisory Committee ("Federal IT Committee") issued new cloud computing service criteria for all prospective vendors to German Federal Agencies. Cloud services providers who offer,...more

Taxing Cloud Computing: New York Gets It Half Right

The term “cloud computing” is broad enough to cover a vast array of transactions, all of which use the Internet in some fashion. Two of the most prevalent forms of cloud computing are “software as a service” (SaaS) and...more

Privacy and Security Guidance: Cloud Computing in the MUSH Sector

I. Purpose of this Guidance Document and How to Apply - This document is intended to be used by decision makers in the MUSH Sector when considering using cloud services....more

SaaS: Key Pricing Considerations (Part 1)

Software as a Service (SaaS) is growing rapidly as an alternative to licensing on-premises software for corporate customers. As reported by Forbes earlier this year, analysts are forecasting that global SaaS revenues will...more

Chicago, Searching for Tax, Taxes Searchable Websites

A new ruling by the City of Chicago, the Personal Property Lease Transaction Tax Ruling #12 (June 9, 2015), takes a broad view of how its whopping 9 percent tax applies to cloud-based services. Providers of information...more

Reverse Engineering Cloud-Based Software

Let’s say you provide web-based software in a SaaS subscription model. What if your reseller or strategic business partner works against you to redesign and reverse engineer your software so they can launch a competing...more

Four Things You Should Know about New York State’s Recent Advisory Opinion on the Taxation of Software as a Service (“SaaS”)

On May 15, 2015, the New York State Department of Taxation and Finance released Advisory Opinion TSB-A-15(2)S which concluded that sales of certain cloud computing services are not subject to New York State sales and use tax....more

Four Things You Should Know About New York's Recent Advisory Opinion on the Taxation of SaaS

On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax. The Advisory...more

XL is Not Always the Right Fit: Sometimes the Right Contract Template is Not the Longest Contract Template

As a thin guy, I used to subscribe to the philosophy of wearing large clothes to look bigger than I was. What I actually looked like was a scrawny guy in ill-fitting clothes that were not overly comfortable....more

What happens in the cloud stays in the cloud: BIS reinforces export control insulation for cloud-based computing and processing

The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers)...more

5 Compliance “Hot Spots” for Technology Companies Under Export Controls and Sanctions Laws

Increasingly interconnected global businesses need to focus on how export controls and trade sanctions can affect their cross-border activities in unexpected ways. For decades, the US Government has used trade...more

Tennessee SaaS Ruling Highlights Telecommunications Concerns for SaaS Providers

The Tennessee Department of Revenue recently released Letter Ruling No. 14-05, in which it considered whether certain cloud collaboration services are subject to the state’s sales tax. At a high level, the provider’s...more

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