News & Analysis as of

Software

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Where Do You Start? Perhaps by Seeing What Other People Think: eDiscovery Best Practices

by CloudNine on

Earlier this week, Rob Robinson asked the question “Where Do I Start?” on his excellent Complex Discovery blog when discussing the most significant challenges for those seeking and sourcing eDiscovery software and...more

Cloud Computing 101: Tips to Control Waste

by Foley & Lardner LLP on

In an industry poised to exceed $250 billion in the the coming years, there isn’t a better time to review your cloud deals to ensure your company is getting maximum value for its cloud spend. As Ian Barker reports in this...more

Preliminary New Poll Results: GDPR Fines, Use off AI for Document Review and More…

by Exterro, Inc. on

As we approach 2018, there are a couple of pending questions that the entire legal community still would like answers. Specifically, how US legal teams will respond to the enforcement of the GDPR and what the role of robots /...more

Addressing the Inconsistent Email Address: eDiscovery Best Practices

by CloudNine on

I recently had a client who was trying to search a fairly sizable archive in CloudNine (about 2.75 TB comprised of several million documents) and searching for emails to and from a given custodian. That search proved a...more

Digital Health Report - Fall 2017

Digital health is the convergence between healthcare, genomics, and digital technologies. It is a fast-growing sector with important implications for individuals and institutions alike. Whether it is hospitals and health...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

Measuring the Worth of Advisory Opinions: A New York Cloud Computing Illustration

by Alston & Bird on

Guidance from state tax departments can be a useful resource for analyzing how a state’s tax laws apply to a specific set of facts. But with increasing frequency, tax departments are releasing guidance that seems less...more

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

The IRS Attacks Taxpayers’ Section 199 (Computer Software) Deductions

by McDermott Will & Emery on

Taxpayers’ section 199 computer software deductions are under attack! The issue is being coordinated within the IRS, and at Exam and Appeals taxpayers are running into a brick wall. A resource-starved IRS is trying to treat...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

Cybersecurity Awareness Month: How to Protect Your Firm Against Cyber Threats

by McManis Faulkner on

October is Cybersecurity awareness month. Now is a better time than ever to look at your current practices at the office and even at home. It is important to know that we all play a role in keeping our work and personal...more

Europe: Blockchain – How "Smart" are Smart Contracts?

by Hogan Lovells on

In this series of blog posts, we take a look at the current state of play regarding blockchain technology as well as the legal setting with a European and German focus....more

Deception and Unfair Practices Come Preinstalled

by BakerHostetler on

Lenovo, a manufacturer of personal computers, recently agreed, among other things, to implement a software security program in a settlement with the Federal Trade Commission (FTC) over issues with third-party software...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

Three Years of Alice: Federal Circuit Cases Upholding Patent Eligibility Under Alice Step 1

It has now been over three years since the U.S. Supreme Court handed down its transformative patent decision in Alice Corp. v. CLS Bank. During that time, the Federal Circuit has issued only a precious few decisions upholding...more

Financial Services Quarterly Report - Third Quarter 2017: Luxembourg Developments

by Dechert LLP on

Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Cost: eDiscovery Best Practices

by CloudNine on

...Budgetary constraints are a common hurdle for law firms and legal departments seeking to address the legal, technological, and business elements of eDiscovery. This economic constraint is compounded by the lack of...more

[Webinar] An M&A Primer for Software Companies - October 18th, 1:00pm ET

by BakerHostetler on

When contemplating a sale of your company, your hope as a businessperson and software engineer is that you have made it as valuable as possible. From a legal perspective, there are some simple, yet important, steps to...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Complexity: eDiscovery Best Practices

by CloudNine on

...The ability of eDiscovery software to deal with data complexity such as being able to ingest and process an increasing number of data formats is one of the most important challenges faced by eDiscovery professionals today....more

[Webinar]: On Premise or Off Premise? A Look At Security Approaches to eDiscovery - October 11th, 12:00pm CT

by CloudNine on

Today, when consumers are considering their eDiscovery technology choices, there are more factors to consider than ever. In addition to considering the functionality of the software application, you now also have to consider...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Capability: eDiscovery Best Practices

by CloudNine on

...Once the security of a potential solution has been considered, the next reasonable area of examination and evaluation is that of capability. Assessing capability is just determining whether or not a solution can accomplish...more

European General Court Rules (again) on Mandatory Access and Interoperability in Software Industry

by Jones Day on

The Ruling: A recent European General Court decision provided valuable guidance on applying abuse of dominance rules (Article 102 TFEU) in the context of software products and provided some welcome clarifications regarding...more

Avoiding Glittering Generalities in Selecting eDiscovery Software – Considering Security: eDiscovery Best Practices

by CloudNine on

...The security of data is fast becoming one of the most prominent and visible areas of concern in the selection of eDiscovery software solutions. With public examples of data security failures increasing in regularity and...more

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