News & Analysis as of

SAAS

Zenefits’ Saga in Washington State Continues: Reviewing Officer Reverses ALJ and Finds that Provision of Free Software to General...

• Zenefits’ practice of providing free software to the general public constitutes an improper rebate under the state’s anti-rebate provisions • Ruling could have significant impact on brokers’ ability to provide...more

Steuerliche Behandlung grenzuberschreitender Software und Datenbankuberlassung

Mit Schreiben vom 27. Oktober 2017 hat sich die deutsche Bundesfinanzverwaltung zur steuerlichen Beurteilung grenzüberschreitender Software- und Datenbanküberlassung geäußert. Die Thematik war bislang von erheblicher...more

Tax treatment of the cross-border provision of software and databases: Significantly improved legal certainty after new guidance...

The German Federal Ministry of Finance has issued guidance on the tax treatment of the cross-border provision of software and databases on 27 October 2017. ...more

Washington Administrative Law Judge: Zenefits’ Provision of Free Software to General Public Does Not Constitute an Improper...

• Washington Administrative Law Judge rules that Zenefit’s provision of free software to general public does not infringe on the state’s anti-rebate laws due to value it provides to Washington businesses; however,...more

Is it HIPAA or HIPPA? Either way, it still applies.

by Winstead PC on

I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more

To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends

by CloudNine on

Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount...more

Cloud Computing (Update)

by Bryan Cave on

Most companies today use some form of cloud computing whether through software-as-a-service, platform-as-a-service, or infrastructure-as-a-service. Cloud computing’s cost-effective scalability can offer significant advantages...more

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS...more

[Webinar] How SaaS Automation Has Revolutionized eDiscovery for Solo and Small Firms - June 28th, 10:00am PT

by CloudNine on

Until recently, state of the art eDiscovery technology was only available to the largest law firms and corporations. Smaller firms and organizations were essentially priced out of the market and couldn’t afford the solutions...more

Conducting Business Via the Cloud: The Role of SaaS Agreements

by Revision Legal on

Many, if not all, businesses need to utilize software in order to function. The software might take the form of an inventory ordering system, a payment processing system, or a smartphone app for the company. Software is...more

Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends

by CloudNine on

An age old issue in eDiscovery has been understanding and comparing pricing between various vendors and service providers. It’s the old “apples vs. oranges” comparison when considering pricing. A new article, which...more

Between the Clouds: Best Practices for Selecting Hosted Solutions in the Transportation and Logistics Industry

by Benesch on

Transportation and logistics providers are increasingly adopting cloud technology to bring connectivity and scale to their core operating systems. This trend will continue for the foreseeable future....more

Contract Corner: SaaS Escrow Considerations (Part 2)

by Morgan Lewis on

Picking up where we left off last week, below are some additional distinctions for escrow arrangements in the software as a service (SaaS) context and related customer and vendor considerations....more

SAP’s Licensing Time-Bomb - Software giant’s victory in “indirect use” case is cause for concern for companies worldwide

On February 16, 2017, the High Court of Justice in the United Kingdom held that Diageo plc, a global drinks company, was liable for unauthorized use of SAP software as a result of failing to secure “Named User” licenses for...more

Contract Corner: SaaS Escrow Considerations (Part 1)

by Morgan Lewis on

With software as a service (SaaS) offerings here to stay as the preferred technology solution for many key business requirements, we are seeing more and more requests for escrow arrangements involving SaaS solutions....more

Three Major Security Issues to Consider with SaaS and Cloud Solutions

by McGuireWoods LLP on

Small and medium-sized businesses are turning to software as a service (SaaS) solutions for their IT needs more and more frequently. SaaS solutions can provide end-users with quicker, cheaper access to software that they...more

Study Forecasts More Growth, but How Much Higher in the Cloud Can We Go?

by Morgan Lewis on

The results of a recent study by Gartner, Inc. project worldwide growth of 18% in the public cloud services market during 2017. Gartner also expects the growing public cloud services market—projected to reach $246.8 billion...more

How to Measure Third-Party Risk Management ROI

by Thomas Fox on

One area that has bedeviled Chief Compliance Officers (CCOs) and compliance practitioners is how to determine the return on investment (ROI) for your compliance program regarding the management of third parties. While it is...more

Copyright and Trademark Case Review: Copyright Preemption, Software-as-a-Service and Popularity on the Internet

by WilmerHale on

Copyright Decisions - Claim for Copying of Useful Article Design Preempted by Copyright Act: Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017)...more

China Looks to Tighten the Regulation of Cloud Services

by Morrison & Foerster LLP on

What You Need to Know: China has issued a new draft law tightening the regulation of cloud services. The draft: ..covers onshore hosted SaaS and PaaS (but possibly not IaaS) ..imposes new restrictions on...more

Draft legislation to affect China cloud services market access

by Hogan Lovells on

On 25 November 2016, the Ministry of Industry and Information Technology, China’s telecommunications and Internet regulator, issued a draft Circular on Regulating Business Activities in the Cloud Services Market for public...more

Is This the Age of Technical Competence for Attorneys?: eDiscovery Trends

by CloudNine on

Last year, I led off the year with a post declaring that the age of eDiscovery automation is upon us (even with an exclamation point for emphasis!). Was that the case?...more

Recent Regulatory Obstacles and Potential Solutions for InsurTech Companies

On November 23, 2016, the Washington Insurance Commissioner ordered Zenefits to cease providing free access to software, following a nearly two-year investigation that began in February 2015 and a separate $100,000 fine in...more

Cloud-Computing Lessons using Software as a Service (SaaS)

by LeClairRyan on

Long before anyone referred to “the cloud” as something related to the Internet, software companies began shifting away from expensive, customized, on-site software implementations to something we used to call Software as a...more

Germany to audit 500 companies on data transfers

by Dentons on

The German data protection authorities have announced today that they have chosen 500 companies throughout Germany to audit their transfer of personal data to the US and other countries (eg. India). The targets were chosen...more

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Cybersecurity

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