News & Analysis as of

Software Due Diligence

Procopio, Cory, Hargreaves & Savitch LLP

3 Steps to Protect Highly Sensitive Assets in an M&A Deal

Due diligence is a necessary part of any M&A transaction. This process can be an exhaustive deep dive into the target company’s history. In some cases, the buyer wants to assure itself of certain highly confidential and...more

Akin Gump Strauss Hauer & Feld LLP

Guidelines on the Export of Cyber-surveillance Items Under Article 5 of Regulation 2021-821

In 2021, the European Union (EU) updated the EU Dual-Use Regulation, setting unified standards for EU member states to control exports of dual-use items. A key addition in Regulation (EU) 2021/821 is Article 5’s “catch-all...more

IR Global

AI: Businesses' new nervous system

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Technology is an increasingly important part of what we do as accountants. Whether that’s through accounting software, cloudbased solutions or AI-bots, no practice can expect to keep pace with client demands without adopting...more

King & Spalding

Biden Administration Issues Proposed Rule Targeting “Connected Vehicles” Tied to China or Russia

King & Spalding on

The Proposed Rule imposes substantial new reporting, diligence, and compliance obligations for companies in the automotive supply chain - On September 26, 2024, the U.S. Department of Commerce’s Bureau of Industry and...more

Foley & Lardner LLP

Proposed Rule Targeting Connected Vehicles Will Impose Major New Supply Chain Compliance Requirements on Automotive Companies that...

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Share on Twitter Print Share by Email Share Back to top On September 26, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) published a Notice of Proposed Rulemaking that, if finalized, would prohibit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supply Chain Attacks in the UK: Reducing Risk and Preparing for Upcoming Legal Changes

Effective information security is no longer just dependent on an organisation’s own internal cybersecurity controls. The UK Information Commissioner’s Office (ICO) highlights that third-party service providers are processing...more

Baker Botts L.L.P.

Intellectual Property Report

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

Mitratech Holdings, Inc

After the Microsoft Outage: The Lingering Impact and Global Outlook on Business Continuity Planning (BCP)

In the aftermath of what could be one of the most widespread global information technology outages in history, organizations are putting a renewed focus on combating old vulnerabilities that can have cascading effects. ...more

McAfee & Taft

Gavel to Gavel: Limits on copyright infringement not limited

McAfee & Taft on

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year...more

Fenwick & West LLP

Latest Updates in Trade Controls for the Tech Sector

Fenwick & West LLP on

Melissa Duffy and Trevor Coval contributed their thought leadership to the American Conference Institute’s 14th Annual Global Encryption, Cloud & Cyber Export Controls Conference, held in San Francisco on May 14-16. Melissa...more

Ankura

Navigating Privacy Compliance Challenges for Startup Success

Ankura on

Startups face unique challenges that can impact their success and sustainability. Obstacles such as financial constraints (inadequate funding or limited cash flow) and resource constraints often result in small teams having...more

Foley & Lardner LLP

The Importance of Due Diligence in M&A Transactions

Foley & Lardner LLP on

In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more

Knobbe Martens

Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device

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Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving...more

Morgan Lewis - Tech & Sourcing

Risk Mitigation via Software Code Due Diligence

Morgan Lewis’s technology, outsourcing, and commercial transactions team often advises on transactions where there is some form of intellectual property being transferred from one party to another party. This may be due to a...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

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There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 1: Open Source Software

When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing...more

Dechert LLP

Artificial Intelligence: Legal and Regulatory Issues for Financial Institutions

Dechert LLP on

Over the last six months, artificial intelligence (AI) has captured the public imagination in a way it never has before. A new generation of AI-powered language models make use of a deep learning architecture known as a...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2023 - OFAC Enforcement Trends – Lack of Due Diligence in Mergers and Acquisitions

With roughly 12,000 names now associated with the Specially Designated Nationals and Blocked Persons List (“SDN”), layered sanctions on activities with Russia, and growing sanctions on China activities, U.S. sanctions have...more

Vondran Legal

Ansys goes BIG with Texas lawsuit against 213 John Doe Defendants

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We have already seen one MASS SOFTWARE PIRACY case filed this year by Siemens, and now on the heels of that lawsuit (also filed in Texas) there is another lawsuit filed by Ansys, Inc. filed by the Law Offices of John F. Lumen...more

Nextpoint, Inc.

Managing Ediscovery In The Cloud: Essential Questions to Ask Potential Providers

Nextpoint, Inc. on

As we explained in our last post, managing ediscovery in the cloud is the only viable solution for dealing with the massive amount of electronic data involved in litigation today. Nextpoint has been an advocate for...more

Pillsbury Winthrop Shaw Pittman LLP

Acquiring a Distressed Business in the United States: Key Issues for Prospective Buyers

Prospective buyers should prepare to take advantage of opportunities to acquire distressed businesses, as we are likely to see an uptick in distressed M&A soon. Prospective buyers seeking first-mover advantages should act...more

Holland & Knight LLP

Technology Due Diligence for M&A Transactions: A Primer

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In most merger and acquisition (M&A) transactions, the pace of the transaction, focus on the operational and financial performance of the target, and the competition created by multiple potential buyers make it a challenge to...more

Ankura

5 Best Practices for Third Party Risk Management

Ankura on

Organizations are becoming increasingly reliant on external parties to manage parts of their business. The centralized knowledge, expertise, and economies of scale that third parties provide enables organizations to focus...more

Sheppard Mullin Richter & Hampton LLP

Planning for an M&A Transaction: Key commercial terms to look-out for

When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties...more

Sheppard Mullin Richter & Hampton LLP

Open Source-ish! What Defines Open Source and Why it Really Matters in Investments and Acquisitions

The number of different open source licenses is growing and the variation in their terms and complexity is increasing. A number of licenses that appear to be, or are commonly referred to as “open source” do not actually meet...more

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