Software

News & Analysis as of

IRS Gives R&D Guidance on Internally Developed Software

The IRS issued new proposed regulations on January 20, 2015. These regulations are intended to provide guidance on how internally developed software applies to the R&D tax credit. ...more

What Exactly Do You Mean By “Reseller” Agreement?

I was recently reminded that the term “reseller” agreement can often mean different things to different people.  Misunderstandings about these types of relationships creates the potential for miscommunication and wasted time...more

Entertainment Industry Case Study: Marketing Spend Optimization

A global entertainment firm needed to market more efficiently thousands of DVD titles per year. Company A global entertainment firm, and specifically its DVD marketing and distribution branch operation....more

Some Patents May Survive Alice and Myriad

Guidance published by the U.S. Patent and Trademark Office (USPTO) on December 16, 2014 indicates a slight softening in its position regarding patentable subject matter. The patent community has been hard hit in the last few...more

2015 Trends: #9 Technology-enabled ethics and compliance is ready for takeoff

By every indication we are about to witness a dramatic leap in technology-enabled ethics and compliance. Tech Advancement in Key E&C Areas - Trends and our own client experiences are demonstrating that we are...more

Ongoing Obligations in Autodesk Settlements

An Autodesk settlement agreement contains the typical payment and release language, but sometimes the agreements also contain non-monetary provisions that audit targets must follow. Scott & Scott, LLP attorney, Brian...more

Arguing a Post-Alice §101 “Abstract Idea” Rejection during Patent Prosecution

Since the Federal and Supreme Court rulings in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., we have seen some issued patents invalidated on the grounds of patent-ineligible subject matter directed to an...more

CRM Success Steps and Strategies - Part 3: Involve Key Stakeholders

CRM is often more about people and process than technology, so success starts with your users. Involve them early and often. Special attention should be paid to the assistants because often they are expected to do a lot of...more

Department of Defense Updates Its Instruction for Acquisitions of Software and Weapons Systems

On January 7, 2015, the U.S. Department of Defense (“DoD” or “the Department”) released an update for DoD Instruction 5000.02, on the “Operation of the Defense Acquisition Service.” The new Instruction is designed to assist...more

Life Sciences Alert FDA Issues Draft Guidance on General Wellness Products

On January 16, 2015, the Food and Drug Administration (FDA) issued a draft guidance document titled “General Wellness: Policy for Low Risk Devices.” The draft guidance carves out a category of products, deemed “general...more

CRM Success Steps and Strategies - Part 2: Analyze Needs and Set Expectations

Research tells us that, too often, CRM implementations fail to meet expectations. What they don't often tell us is that too often this is because those expectations were wrong. Before buying CRM (or any other) technology,...more

Software Company Releases New E-Signature Product

On January 8, Kofax Limited, a California-based software company, released SignDoc Enterprise, a product that allows lenders to capture and process electronic signatures. The software gives consumers the ability to sign and...more

SDNY Clarifies Scope of Contractual Exclusions of Consequential Damages Under New York Law

On December 15, 2014, the United States District Court for the Southern District of New York ruled in PNC Bank v. Wolters Kluwer Financial Services that defendant Wolters Kluwer Financial Services ("WKFS") was not liable for...more

Privacy Policies for Mobile Apps: One Size Does Not Fit All

Online privacy is a growing concern for us all. As a mobile app owner or developer, you must include a privacy policy in your app that details the information you collect from users and the manner in which that information is...more

CASL Software Provisions now in Force

The provisions of Canada’s Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, distribute or use...more

Reminder: CASL’s Software Installation Provisions Took Effect on January 15, 2015

Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting...more

Is Your Software a Defense Article?

The International Traffic in Arms Regulations, or ITAR, control the export of software classified as a “defense article.” The United States Munitions List [USML] contains items regulated by the ITAR, including a range...more

Services and Operations Management: Optimizing Batch Production, Sourcing, and Inventory Management

A beverage products manufacturer wanted to solve for operational problems via predictive and systematic decision models. Company A manufacturer of beverage products. Challenge Manufacturing in a high-volume batch-production...more

The Roundup: Last Week’s Recommended Reading (Jan 9, 2014)

From Around the Web - Retirement Options for Solo and Small Law Firms: Being a sole practitioner or small-firm shareholder gives you the ability to choose the kind of retirement plan that is right for you and your...more

Oracle Faces Withering Criticism of Its Licensing Practices

Christopher Barnett, Scott & Scott, LLP attorney, says "No software publisher in my experience has a uniformly amicable licensing and compliance practice, but some companies deserve special attention for the depths to which...more

Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract ?

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas”...more

Choosing the Right Vendor Risk Management Software Solution

Traditionally, performing third party due diligence has been primarily a data gathering activity. Now, with access to abundant information sources, the activity—and the challenges—have evolved. How do you manage and...more

Jobs-ed: New Class Action Pulls Apple into California’s “Food Court”

In our continuing efforts to highlight litigation trends that affect consumer product companies, we often focus on class actions brought in California and, especially, its federal Northern District. The Northern District of...more

Electronic I-9 Compliance Systems: Choosing the Right Fit

A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift towards electronic solutions brings along some significant challenges due to the rigorous...more

Show Me the License: Is Your Company Ready?

Good record-keeping is a burden. But doing so is important. Here is an example of why it is important to keep good records of all software licenses....more

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