Represented nationwide insurance company in a software audit initiated by the Business Software Alliance. The BSA was represented by Donahue Gallagher Woods. At issue was the number of licenses for numerous Microsoft products. The case was settlted after ten months of negotiations for almost half of the BSA's original settlement demand with no admission of liability.
Defended DFW insurance company against allegations of alleged unlicensed copies of Adobe and Microsoft products by the Business Software Alliance. Locke Lord represented the BSA. After a year of negotiations the case was settled for 24% of the BSA's original demand with no admission of liability.
Represented nationwide full-service title agency in a software audit instituted by the Business Software Alliance. Pepper Hamilton represented the BSA who alleged unlicensed copies of numerous Microsoft products. Negotiations lasted only three weeks and the case settled for considerably less than the BSA's original settlement demand.
Defended Midwestern insurance company against allegations of software piracy by the Business Software Alliance. The BSA alleged unlicensed copies of various Adobe, Microsoft and Symantec products. The case was pending for a year and a half and settled for significantly less than the BSA's original settlement demand.
Represented professional insurance licensing service company in a software audit conducted by the Business Software Alliance. Negotiations centered on the number of alleged unlicensed copies of Microsoft Office. The case settled in less than a year for a considerable savings relative to the BSA's original settlement demand.
Represent 3d sports venue developer in exclusive technology partnership with global ticket sales platform to deliver next generation online ticket sales technologies for professional sports teams.
Serve as outside counsel to the CIO of national multi-family property management company. Provide advice on IP protection for internally developed software applications and assist with negotiating and drafting of software license agreements, internet marketing agreements, and outsourcing contracts.
Augment in-house legal department by providing legal support to CIO of global energy company. Review, edit and revise all contracts affecting IT including software licensing agreements, outsourcing contracts, development agreements, data center contracts, and telecom agreements.
Support global IT procurement divisions of Fortune 500 companies developing templates for master services agreements, statements of work, software license agreements, cloud contracts, software development agreements and independent contractor agreements.
Represented NASDAQ listed security alarm monitoring facility with the sale of monitory facility to a strategic buyer.
Reviewed the subscription agreement, end user license agreement, perpetual license and support maintenance agreement for IT services firm offering cloud management and data center monitoring.
Represented IT services firm headquartered in the DFW metroplex in drafting master services agreement, service level agreement, privacy addendum, network security incident response plan as well as a privacy policy.
Assisted IT services firm servicing North Dakota and the St. Paul, Minneapolis metropolitan area in drafting a privacy policy, BDR attachment, information security incident response plan and network security plan in addition to a master services agreement and service level agreement.
Drafted necessary client and provider service agreement for IT services firm serving the community healthcare industry.
Assisted southern California IT services firm serving CPA firms, law firms, and independent hotels in drafting a short form project agreement, employment agreement and insurance application in addition to master services agreement and service level agreement.
Represented Midwest IT services firm serving the healthcare industry and specializing in EMR implementation and data protection. Drafted master services agreement, service level agreement and project agreement.
Drafted master services agreement, service level agreement and project amendment for IT services firm offering telecommunications, computer networks and ebusiness solutions to business, healthcare, government and residential markets.
Assisted IT services firm specializing in the set up and maintenance of Cisco networks in the New York area with drafting specific supporting managed services documents including employee and independent contractor agreement, privacy policy, network security plan and incident response plan.
Drafted several supporting managed services documents for Idaho based IT services firm including employee agreement, independent contract agreement, privacy policy, incident response plan and network security plan.
Drafted co-location agreement for IT services firm offering managed services and telecom solutions to small to mid-size businesses.
Aided managed service provider offering cloud services in drafting master services agreement, service level agreement and project attachment.
Assisted IT services firm with drafting master services agreement, service level agreement, state of work for projects and service attachment for hosting.
Represented secure data center in drafting managed services agreement, service level agreement and project contracts.
Represented IT services firm focused on cloud services, dedicated servers, disaster recovery and colocation in drafting master services agreement, service level agreement and short form agreement.
Reviewed and revised record retention policy and incident response plan for Chicago area bank group.
Defended mortgage lending company against allegations of software piracy by the Business Software Alliance. The BSA was represented by Faegre & Benson. Negotiations centered on allegedly unlicensed copies of Microsoft products. The case was pending for two years and settled for 46% of the BSA's original settlement demand.
Represented leading mutual fund complex in software compliance review involving over 3,000 computers.
Represented construction loan management firm in a software audit requested by the Software & Information Industry Association. Holland & Knight represented the SIIA. The case was settled out-of-court with a confidential settlement agreement.
Defended investment management firm against allegations of software piracy by the Business Software Alliance. Locke Lord represented the BSA regarding alleged unlicensed copies of Microsoft, Symantec and Adobe products. After two and half years the case settled for 40% of the BSA's original settlement demand.
Defended mortgage lending company against allegations of software piracy by the Business Software Alliance. Within a month the matter was closed by the BSA with no settlement payment.
Advised a DFW based federal credit union regarding software asset management and software licensing.
Represented investment brokerage firm in a software audit instituted by the Business Software Alliance. The dispute centered on alleged unlicensed copies of various Microsoft products, including servers and operating systems. The BSA was represented by Pepper Hamilton. The case settled in a little over a year for considerably less than the BSA's original settlement demand.
Advised mortgage lending company regarding Microsoft licensing.
Served as seller's counsel to Missouri based managed services provider focusing on healthcare clients.
Assisted non-strategic buyer with acquisition of Philadellphia based managed services firm.
Served as seller's counsel to leading managed services provider focusing on the financial industry.
Served as seller's counsel to nationwide managed services firm in a transaction involving the sale of substantially all of its assets to a strategic buyer.
Assisted royalty lending company with letter of intent to sell copyright royalty tracking and loan portfolio.
Defended Las Vegas engineering firm in federal court copyright infringement claim resulting in prompt settlement following a motion to dismiss in the Northern District of California.
Represented DFW area KIA dealer in a software audit conducted by the Business Software Alliance after they received a settlement demand. The BSA was represented by Thompson & Knight who alleged licensing shortages of numerous Microsoft Office products. The case was pending for two years and settled for significantly less than the BSA's original demand.
Defended New England aftermarket auto parts distributor against allegations of software piracy by the Business Software Alliance. The dispute centered on alleged unlicensed copies of Microsoft server products. The BSA was represented by Pepper Hamilton. The case settled for less than the BSA's original settlement demand after six months of negotiations.
Represented western U.S. manufacturer of commercial trucks and vehicles in a software audit initiated by the Business Software Alliance after they submitted audit materials and received a settlement demand. After a year of negotiations focused on alleged unlicensed copies of numerous Microsoft products, the case settled for 11% of the BSA's original settlement demand with no admission of liability.
Defended Texas Ford dealer against allegations of unlicensed copies of Microsoft Office products by the Business Software Alliance. After just over one year, the case settled for 35% of the BSA's original settlement demand with no admission of liability.
Hired by California Daimler Chrysler dealer to represent them in a software audit requested by the Business Software Alliance after they received a settlement demand. The BSA alleged shortages in various Microsoft product licenses. The case was settled within a year for a fraction of the BSA's original settlement demand.
Defended Michigan Ford dealer against allegations of software piracy by the Business Software Alliance. In four months the matter was resolved with zero settlement payment.
Negotiated on behalf of a global oil and gas technology company to mitigate the data security and service availability risks associated with telecom and colocation service agreements related to the company's major datacenter migration project.
Represented national multi-family housing management and marketing company in acquiring a portfolio-wide software license for cloud-based property management and payment processing platform.
Worked with global specialty chemical company to ensure software licenses from multiple publishers included the IP rights necessary to develop and maintain a custom knowledge management platform.
Defended Texas based public utility technical services firm against allegations of software piracy by the Business Software Alliance. The BSA was represented by Darin Klemchuk. The dispute centered around alleged unlicensed copies of Microsoft Office. The case was pending for fifteen months and settled for considerably less than the Business Software Alliance's original settlement demand.
Defended legal technology services firm against allegations of software piracy by the Business Software Alliance. Troutman Sanders represented the BSA. The negotiations centered around Microsoft Office and Microsoft Windows Server licenses. The case was resolved in eight months with a settlement that was signficantly lower than the BSA's original demand.
Represented software developer in negotiations to license original computer program and to deliver associated development services to national oil and gas exploration company.
Represented national consortium of real property title companies in multi-million dollar negotiations to acquire title plant services and ownership of associated title data.
Represented national mortgage lender in negotiations to license proprietary computer program to publisher of enterprise software for mortgage originators.
Assisted nationally recognized manufacturer of contemporary, eco-friendly furniture with revisions to its distributor agreements.
Represented industry leader in quick service restaurant technology against allegations of software piracy by the Business Software Alliance. The BSA was represented by Klemchuk Kubasta and the case was settled in less than a year with zero settlement payment.
Represented Southwestern mortgage company in a software audit initiated by the Business Software Alliance. The major issue in the audit was the number of Microsoft Office licenses. The BSA was represented by Locke Lord. The case was settled in less than a year for considerably less than the BSA's original settlement demand.
Represented online award and plaque retailer in a software audit conducted by the Business Software Alliance that focused on Adobe and Microsoft products. The BSA was represented by Troutman Sanders. The case settled within a year for a considerable savings relative to the BSA's original settlement demand.
Represented online whole clothing retailer in a software audit conducted by the Software & Information Industry Associtation. The SIIA was represented by Donahue Gallagher Woods. After seven months of negotiations regarding Adobe licenses, the case was settled for 12% of the SIIA's original demand.
Represented East Coast advertising agency in a software audit initiated by the SIIA. The Software & Information Industry Association was represented by Donahue Gallagher Woods. The case was pending for close to three years and settled out-of-court with a confidential settlement agreement.
Defended leading single-source software solutions firm against allegations of software piracy by the Software & Information Industry Association. The SIIA was represented by Holland & Knight. The case was settled out-of-court with a confidential settlement agreement.
Represented nationwide motor club against allegations of software piracy by the SIIA. Holland & Knight represented the Software & Information Industry Association. After two years, the case was settled out-of-court with a confidential settlement agreement.
Defended leading supplier of process systems in an audit initiated by the SIIA after they had received a settlement demand. Donahue Gallagher Woods represented the Software & Information Industry Association. The case was settled out-of-court with a confidential settlement agreement.
Represented weapon aiming systems manufacturer in a software audit requested by the Software & Information Industry Association. Within a year the case was settled out-of-court with a confidential settlement agreement. The SIIA was represented by Donhaue Gallagher Woods.
Defended internet marketing firm against allegations of software piracy by the SIIA after they had received a settlement demand. The Software & Information Industry Association was represented by Holland & Knight. After close to two years the case was settled out-of-court with a confidential settlement agreement.
Represented national beauty pageant operator in a software audit conducted by the Software & Information Industry Association. The SIIA was represented by William Stevens of Holland & Knight. The matter was pending for twenty-six months and resulted in a confidential settlement agreement.
Defended Dallas, Texas based property management company for the multifamily industry against allegations of software piracy by the Software & Information Industry Association. The SIIA was represented by Care Heller-Pittman of Donahue Gallagher Woods. The audit was pending for thirty-two months and resulted in a confidential out-of-court settlement.
Represented Dallas, Texas based staffing software maker in Business Software Alliance audit initiated by Stephen Gustavson of Donahue Gallaghere Woods. The BSA alleged licensing shortages for numerous Adobe and Microsoft products, including Microsoft Office 2003, 2007, 2008; Microsoft SQL Server 2005; and Microsoft Windows Server 2000 and 2003. The matter was pending for eighteen months and resulted in a confidential out-of-court settlement.
Represented restuarant technology industry leader in a software audit requested by the Software & Information Industry Association. The SIIA was represented by Holland & Knight. After two years, the case was settled with a confidential settlement agreement.
Represented DFW based leader in property management for the multifamily industry. The BSA was represented by Donahue Gallagher Woods. The Business Software Alliance alleged licensing shortages for Microsoft Office, Microsoft Server products, and client access licenses. After almost three years, the case was settled for far less than the Business Software Alliance's original settlement demand.
Represented North Carolina based parachute equipment manufacturer against allegations of software piracy by the BSA. The Business Software Alliance alleged licensing shortages for numerous Microsoft products. The case was settled in just under two years at a great reduction off the Business Software Alliance's original settlement demand.
Defended global benefits software developer against allegations of software piracy by the Business Software Alliance. Adobe Acrobat licenses were the focus of the negotiations. The case was pending for just under two years and resulted in an out-of-court settlement that was a significant reduction of the BSA's original settlement demand.
Represented Pittsburgh, Pennsylvania based real estate agency in software audit requested by the BSA. The primary products involved were Microsoft SQL Server and Microsoft Windows Server client access licenses. After approximately eighteen months, the case was settled out-of-court for a considerable savings relative to the Business Software Alliance's original settlement demand.
Defended San Ramon, California based veterinary clinic in a Business Software Alliance audit. The BSA alleged licensing shortages for numerous Microsoft products. The matter was pending almost two years and resulted in a settlement that was a fraction of the BSA's original settlement demand.
Defended Salt Lake City, Utah based mechanical and electrical engineering firm against allegations of software piracy by the Business Software Alliance that focused heavily on AutoCAD and Microsoft Office product licenses. The BSA was represented by Donahue Gallagher Woods. The matter was pending for fifteen months and settled for 45% of the BSA's original settlement demand with no admisision of liability and no future audit inspections.
Represented Beverly Hills, California based internet technology services company in software audit conducted by the Business Software Allliance that focused on Microsoft Office and Adobe products. In just over seven months, the case was settled out-of-court after the BSA agreed to greatly reduce its original settlement demand.
Represented Florida based engineering and geological consulting firm in an Autodesk audit. Autodesk was represented by Donahue Gallagher Woods. After seven months of negotitations, the case was settled for far less than Autodesk's original demand.
Defended Indiana based hardware store chain against allegations of software piracy by the Business Software Alliance. The BSA alleged shortages in various Microsoft product licenses. The BSA considered extenuating circumstances in the case and after ten months of negotiations, the case was settled out-of-court.
Represented equipment manufacturer in software audit initiated by the Business Software Alliance. The BSA alleged shortages in Adobe Acrobat and Norton AntiVirus software licenses. After approximately five months of negotiations, the case was settled out-of-court for a considerable savings relative to the Business Software Alliance's original demand. The BSA was represented by Frank Konczakowski.
Hired by Sherman Oaks, CA engineering firm after they received a settlement demand in an Autodesk audit initiated by Donahue Gallagher Woods. The case was settled out-of-court in just over five months.
Represented award winning Kentucy based architects in Autodesk license dispute. Autodesk was represented by Donahue Gallagher Woods. Within seven months, the case was settled for a fraction of Autodesk's initial demand.
Defended honing equipment maker against software audit initiated by Autodesk resulting in an out-of-court settlement within 40 days. Autodesk was represented by Donahue Gallagher Woods.
Represented 3D art production company serving the gaming industry in a software audit conducted by Autodesk. Autodesk was represented by Donahue Gallagher Woods. The case settled within 90 days with zero settlement payment.
Represented Nasdaq listed security system installation and monitoring company in the management and maintenance of corporate trademark portfolio.
Represented fast-food restaurant chain with 197 locations in the management and maintenance of corporate trademark portfolio.
Defended provider of digital, self-help audio content against claims of trademark infringement by well known, international publishing corporation.
Represented IT industry trade group with 15,000 members in negotiating a trademark coexistence agreement with a governmental entity of the United Kingdom.
Represented Internet-based apparel and accessories company in dispute involving Internet-based infringement of core company trademark.
Represented second largest security system installation and monitoring company in disputes involving Internet-based infringements of core company trademarks.
Represented regional fast-food restaurant chain in a legacy dispute involving uses of trademarks incorporating similar textual elements and the renegotiation of complex, previously burdensome settlement terms.
Defended software developer in federal copyright infringement case pending in the United States District Court for the Western Disctrict of Texas. Software company accused former contractor of copyright infringement related to user interface and product documentation that the contractor developed for the software company. After the parties reached a confidential settlement, the contractor was dismissed from the lawsuit without any settlement payment.
Represented San Francisco based mortgage industry software-as-a-service provider in copyright infringement matter filed with the American Arbitration Association. The case involved breach-of-license and copyright infringement claims arising from alleged reverse engineering of the licensed software.
Represented Texas based green energy provider in software dispute before the American Arbitration Association. The matter settled after selection of the arbitrators during the discovery phase.
Represented fortune 500 IT services firm in declaratory judgment and copyright litigation in the Northern District of Texas related to the alleged termination of a software license following a merger transaction. The case resulted in a prompt settlement and revised license agreement with a savings of over $2,200,000 off the pre-litigation settlement proposal from the software publisher.
Defended Las Vegas engineering firm in federal court copyright infringement claim resulting in prompt settlement following a motion to dismiss in the Northern District of California.
Represented real estate marketing company in a BSA audit primarily involving Microsoft server licensing. The BSA was represesnted by Donahue Gallagher Woods. The case settled for substantially less than the BSA’s original settlement demand.
Represented regional hospital chain in a Microsoft SAM engagement resulting in a true-up purchase with no compliance penalty and a release of all compliance claims.
Represented application hosting service provider in an audit conducted by BEA Systems resulting in business partnership and settlement agreement containing a release of all compliance claims.
Represented 75,000 employee business process outsourcing company in a dispute with Sun Microsystems and its successor Oracle resulting in a multi-year maintenance and support agreement covering the entire Sun hardware infrastructure.
Sued software trade group and member software publishers in federal court alleging declaratory judgment and anti-trust claims resulting in quick out-of-court settlement.
Represented New York area hospital system in an audit conducted by Microsoft resulting in an out of court settlement and compliance savings of over $1,000,000.
Represented west Texas oil and gas leader in an audit conducted by the Business Software Alliance resulting a settlement agreement with no admission of liability, a complete release of any compliance claims, and a confidentiality provision preventing the BSA from issuing a press release about its investigation.
Defended fortune 500 IT Services company in Microsoft audit resulting in a new $34,000,000 Microsoft Enterprise Agreement enrollment including a release of all compliance claims.
Defended over 40 architectural and engineering companies in audits initiated by Autodesk conducted by the law firm of Donahue Gallagher Woods, LLP.
Defended over 210 small and medium sized businesses in software audits initiated by the Business Software Alliance.
Defended national nursing home software company in connection with a Borland audit conducted by Deloitte & Touche.
Defended 140 location retail chain in compliance review conducted by Sybase involving over three million dollars in alleged compliance violations and threatened termination of over five hundred thousand dollars in perpetual licenses.
Defended supply chain management solution provider in an IBM audit conducted by Deloitte involving Maximo software.
Represented large healthcare management company in audit conducted by KPMG regarding IBM WebSphere software.
Represented global snack food and beverage company in audit conducted by Deloitte related to IBM datacenter software including DB2 and WebSphere.
Defended security alarm monitoring company with over one million customers in an IBM audit initiated by Deloitte involving IBM web sphere and DB2 licensing.
Represented cloud services provider in development of template master services agreement, service level agreement, and fee schedules.
Represented property management company in the negotiation of a cloud services agreement that included a custom development module.
Represented U.S. companies seeking trademark registration in the European Union, various European countries, Canada, and the Pacific Rim.
Represented companies seeking trademark registration of their marks in various foreign jurisdictions using the Madrid Protocol system to minimize transaction costs and maximize the scope of their trademarks.
Represented mid-market businesses in obtaining registration of trademarks and service marks through the U.S. Patent and Trademark Office.
Represented companies in responding to allegations of trademark infringement.
Represented companies in crafting licensing agreements that properly protect and police use of the companies’ marks.
Represented manufacturer in stopping competitor’s use of trademarks as search terms to redirect internet traffic to its website.
Represented manufacturer in policing use of their marks by licensed dealers, making certain that such use conformed to established policies.
Represented insurance company in taking down numerous websites using confusingly similar names and directing search traffic away from the company.
Represented clients in stock transactions for real estate, marketing, and technology companies.
Worked with numerous companies to identify and schedule software assets in corporate transaction documents.
Represented internet-based real estate company in an asset purchase transaction with new business partner.
Represented and assisted over 60 managed services providers with drafting managed services agreements, service level agreements and supporting documents.
Represented copyright owners in international website takedown campaigns based upon DMCA takedown procedures and EU regulations.
Effectuated takedown of web sites hosted in the U.S. pursuant to the DMCA takedown rules.
Secured expedited copyright registration for digital content on internet web sites and new media platforms.
Secured copyright registration for architectural designs related to stonework for residential and commercial uses.
Managed copyright registration program for nursing home software company with a suite of products.
Negotiated on behalf of inventor and geologist to license his intellectual property to major oil exploration company.
Represented multi-national water filtration distributor and revised its distributor and affiliate agreements.
Worked with international brain wave therapy company to license its intellectual property to digital distributors worldwide.
Advised companies regarding Microsoft SPLA licensing requirements in connection with Microsoft audit dispute.
Advised global enterprise with more than 4,000 computers in connection with Microsoft audit related to true-up and affiliate enrollment provisions of Microsoft Enterprise Agreement.
Assisted regional hospital with its internal Microsoft audit and its response to Microsoft regarding the sufficiency of its Microsoft licenses.
Defended graphics design company against allegation of software piracy by Autodesk's outside counsel, Donahue Gallagher Woods, in connection with the alleged over-deployment of Maya ® software.
Defended many small architectural firms against allegations of software piracy by Autodesk's outside counsel, Donahue Gallagher Woods in connection with the alleged over-deployment of AutoCAD ® software.
Conducted software licensing audit of global entertainment company with fifty-thousand computers in connection with multi-year IT outsourcing contract.