News & Analysis as of

SaaS Software

Lowenstein Sandler LLP

New Prohibitions on Providing SaaS Services to Russia

In line with Group of Seven (G7) efforts to disrupt the Russian military-industrial base’s reliance on foreign IT systems, in June 2024 the U.S. Department of Commerce and the Department of the Treasury jointly issued new...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - JULY 12, 2024

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On June 20, the Department of Commerce’s Bureau of Industry and Security (BIS) for the first time banned a software and cybersecurity company using authority provided by June 2023’s “Protecting Americans’ Sensitive Data from...more

Orrick, Herrington & Sutcliffe LLP

A Customer Relationship Checklist for Cloud Providers, Including SaaS Companies, Operating in France

For more information about France’s SREN law, see our update that provides five key takeaways for businesses. Two new laws impose an array of obligations and restrictions on cloud providers in France. First, the European...more

Blank Rome LLP

NYS Tax Appeals Tribunal Finds SaaS Fees Are Subject to Sales Tax

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The New York State Tax Appeals Tribunal recently upheld a sales tax assessment issued to a company that provided services to customers mostly through what the company described as a software-as-a-service (“SaaS”) model. In...more

Torres Trade Law, PLLC

Persistent Errors in the Export Classification of Software Products

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Many companies, particularly Software-as-a-Service (“SaaS”) and start-up companies, continue to struggle with the concept of export control classification of items with encryption functionality. This ongoing confusion is...more

Morgan Lewis - Tech & Sourcing

Transitioning from Traditional Software Licensing to SaaS Models: Key Considerations in Contracts and Business Operations

In the rapidly evolving world of software licensing and distribution, many vendors (and therefore customers) are considering a shift from traditional customer-hosted software solutions to Software as a Service (SaaS)...more

Sheppard Mullin Richter & Hampton LLP

Paid in Full: GSA Approves Advance Payment for SaaS Licenses

GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...more

Furia Rubel Communications, Inc.

Embracing Data Privacy to Drive Business Growth with Aihong Yu, Chief Privacy Counsel of CDK Global

In this episode of On Record PR, Gina Rubel goes on record with Aihong Yu, Chief Privacy Counsel of CDK Global, to discuss how embracing privacy and security measures…...more

Ankura

Common Causes of CFIUS Agreement Non-Compliance and Enforcement Risk

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Following the update to the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) Enforcement and Penalty Guidelines, the Committee has continued to signal its intention to more heavily leverage...more

BakerHostetler

The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts

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Partners Matt Pearson and Craig Carpenter discuss the reasons behind the urgency of SaaS contract planning and the creative ways service customers can use the terms and agreements to their advantage. Questions & Comments:...more

Morgan Lewis - Tech & Sourcing

Back to Basics: The Use and Purpose of Defined Terms

There are many basic contracting principles that can help streamline and create a readable and clear contract, including the proper use of defined terms. Consistent with the phrase, a defined term is a word or term, often...more

Lewis Roca

2023 Arizona Tax in Review

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On September 12, the Arizona Supreme Court declined to take review in ADP, LLC v. Ariz. Dep’t of Revenue, No. CV-23-0036-PR., which lets stand the Arizona Court of Appeals decision upholding the taxation of SaaS. 254 Ariz....more

BCLP

Reviewing SAAS Agreements in the Age of AI

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The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages...more

Bradley Arant Boult Cummings LLP

Alabama Department of Revenue Panel Discusses Key Administrative Developments

As part of the annual meeting of the Alabama State Bar Tax Section held in Montgomery on August 16, representatives from the Alabama Department of Revenue (ALDOR) provided a helpful update on some key legislative and...more

CloudNine

6 Tips for Managing eDiscovery for Access Requests for a State or Local Government Organization

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By Catherine Ostheimer Being responsive to the growing number of Access Requests and DSARS as a local government organization can be daunting. First, there’s the data management challenge. State and local groups generate...more

Trusaic

Is Data Security A Priority for Your Workplace Equity Provider?

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Cyberattacks continue to rise, increasing the need for robust data security. Global weekly attacks rose by 7% during the first quarter of 2023, versus the same quarter last year. Each organization is estimated to face on...more

CloudNine

Migrating eDiscovery Cases to the Cloud: Tips on Making the Switch

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The move from on-premise to cloud-based eDiscovery software use is not a new trend. In fact, according to Complex Discovery, close to 55% of global eDiscovery software spending went to cloud-based software in 2022, with the...more

Burns & Levinson LLP

Is your SaaS Agreement Cannabis Compliant?

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What is a SaaS agreement?  “SaaS” stands for Software as a Service. SaaS agreements are legal contracts for software licensing of software applications or services managed by or for the SaaS provider and shared by multiple...more

Snell & Wilmer

SaaS Remains Subject to TPT in Arizona

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By Geoffrey L. Gunnerson and Tony Caldwell The Arizona Court of Appeals, Division One, affirmed lower Arizona court rulings that sales of leased software in Arizona constitutes a sale of tangible personal property (TPP),...more

Venable LLP

Technology Contracts: An Overview

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The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or...more

Morgan Lewis - Tech & Sourcing

Next-Gen Business Process Outsourcing: Who Owns the IP?

As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of...more

Foley & Lardner LLP

Anatomy of an Agreement: Unique SaaS Contract Structures and Key Terms to Address in the Cloud

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Companies procuring or providing Software-as-a Service (SaaS) technology need some form of contract to govern the relationship between the SaaS provider and customer. As with many intellectual property (IP) and technology...more

Polsinelli

The Structure of Data Rights in a Post-On-Premises World

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As society moves away from the use of on-premises software into a modern world in which software vendors offer software and services through online, hosted environments, new challenges and trends related to data use and...more

Morgan Lewis - Tech & Sourcing

Contract Corner: A Buyers’ Guide to Navigating Data Security Provisions in SaaS Agreements

In the era of digital transformation, businesses increasingly rely on software-as-a-service (SaaS) solutions for various operational needs. For a buyer, it is crucial to prioritize data security when negotiating SaaS...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Key Components of SaaS Contracts

Software as a service (SaaS) is a distribution model where the software vendor hosts their software on their own servers, or the cloud, as opposed to the customer purchasing the software for use on their own on-premises...more

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