One of the most important skills of any top SaaS attorney, is their ability to negotiate and deal with difficult situations. I have read so many negotiations books, that now they all seem to sound alike. However, I go back to two books that out of every book I have read,
The New Blogging and Endorsement Guidelines by our Friends at the FTC I have been tracking this issue for a while, but I wanted to wait until I had a concise and insightful perspective before I blogged about it. So here goes. In essence, the Federal Trade Commission (FTC) published
SaaS Agreement Templates are Too Important to Leave to the Lawyers! Seth Godin did a great job with this perspective on marketing (‘why marketing is too important to leave to the marketing department’) but it triggered something in me (at least from the perspective of a software attorney): SaaS agreement templates
Contrary to common perception, for privately held IT companies, one law firm for the company may not be the right fit; at least from the view of a software licensing attorney. The founders have a relationship with one law firm that usually handles all the legal issues. I have found
Can Your Customer Transfer Their Software as Part of a Reorganization? Seems like a simple issue, but can your customer transfer your software or licenses to another entity? Well, the right way to address this is up front in your agreement, but this is too often not the case.
A recent case was dismissed before trial, as the terms of the end user agreement (EULA template) were so well drafted that as a matter of law it helped to resolve the main issue in the case. In Hayes vs SpectorSoft Corporation (dated November 3, 2009) the judge dismissed the
“New” Non-Latin Based Domain Name Extensions: What Is This All About? You may have heard that ICANN (the group that manages naming conventions on the Internet) recently announced that domain names will now be allowed in non-Latin languages. This may not seem like a big issue from the US perspective,
I have found it interesting that there is too often a different perspective between when business people and lawyers think a Software Licensing or SAAS deal is done. I have met some business people that believe the deal is done once they orally discuss (not necessarily agree to) certain important
Who Else is Streamlining Their Agreements (software attorney’s take)? It appears that other legal minds out there (other than a software attorney) are thinking of ways to streamline agreements, as the in-house team at Scottish & Newcastle (a beverage company based in Scotland (I had to look that up)) has
How does the App Store Handle App Licensing (you know, Software EULAs)? In essence we are going to look at something I call ‘platform licensing,’ for lack of a better term in terms of the App store licensing (you know, software EULA and software licensing agreement issues). iPhone users for
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