Preparing your Managed Service Practice for Sale  |
| Robert Scott’s Presentation at MSP World 2009 Las Vegas covers valuation metrics for Managed Services, keys to increasing the value of customer contracts, what buyers look for in your agreements with partners and employees, how to cash in on your brand and other intellectual property, increasing your sale price through prudent risk management, the role of real estate leases when selling a managed services practice, as well as common deal structures for equity and debt financing for acquisitions. |
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State Data Breach Notification Laws  |
| Scott & Scott, LLP's chart of state data breach notification laws. If you have experienced a data breach, call Scott & Scott, LLP for help. |
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| Negotiating License Agreements with Oracle and Microsoft |
| Shrinking IT budgets, fierce competition and a mature software market have increased the motivation for software publishers (such as Microsoft Corp., Adobe Systems Inc., Oracle) to conduct software licensing audits – demanding that their customers demonstrate ownership of licenses for all software installed on their computers. Many companies are paying substantial fines and suffering negative publicity. Even average, unintentional infringement can have significant legal and financially material implications. Properly preparing for and responding to software audits can reduce the financial and organizational impact on your business. |
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| Successfully Defending Software Audits |
| Shrinking IT budgets and fierce competition among software publishers have created explosive growth in the incidence and frequency of software audits – a mechanism by which software publishers investigate their customers to determine if they are in compliance with software licenses and copyright laws. In addition to developing internal enforcement operations, many publishers have engaged trade associations to perform enforcement activity under power of attorney. Many companies are paying substantial fines and suffering negative publicity. Properly preparing for and responding to software audits can reduce the financial and organizational impact on your business. According to the BSA’s Sixth Annual Global Software Piracy Study, “…a large portion of non-compliant software is deployed by mistake, either by consumers buying cheap software that they do not realize is counterfeit, or by IT departments making mistakes in managing volume licenses.” Businesses that are most prepared and properly represented will have the greatest success in defending the inevitable software audit. |
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Successfully Defending Software Audits - Webinar  |
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| Litigating Copyright Infringement Claims Whitepaper |
| Software copyright infringement litigation, frequently software anti-piracy claims, involve disputes between software publishers and their end-user customers. Suits by one software publisher against another over trade secrets and copyright ownership generally involve competing works. However, “competing works litigation” typically requires substantially more effort from the parties and the tribunal than anti-piracy software disputes. In these cases, the developer or owner of one program complains that a different product created or distributed by the defendant consists, in whole or in part, of the work in which the plaintiff holds the copyright. These cases on average involve significantly higher stakes than other software copyright disputes. The legal analyses and factual development in such matters can approach the level of complexity usually associated with patent disputes, and, indeed, many of the judicial frameworks regarding infringement analysis are similar to patent jurisprudence. |
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| Mergers & Acquisitions for Managed Service Providers |
| While 2009 is poised to be a stellar year for managed services, there are a lot of IT companies that will be bought and sold this year. There are a lot of opportunities this year in the IT channel but only a few will make wise decisions. Learn about business valuation basics, risk avoidance best practices, M&A negotiation tactics for both sellers and buyers, and legal issues to be considered for M&A transactions. |
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| Summary of DMCA |
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| Educause DMCA Site |
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| Secret Service Network Incident Report |
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| Litigating Copyright Infringement Claims |
| Software copyright infringement litigation, frequently software anti-piracy claims, involve disputes between software publishers and their end-user customers. Suits by one software publisher against another over trade secrets and copyright ownership generally involve competing works. However, “competing works litigation” typically requires substantially more effort from the parties and the tribunal than anti-piracy software disputes. In these cases, the developer or owner of one program complains that a different product created or distributed by the defendant consists, in whole or in part, of the work in which the plaintiff holds the copyright. These cases on average involve significantly higher stakes than other software copyright disputes. The legal analyses and factual development in such matters can approach the level of complexity usually associated with patent disputes, and, indeed, many of the judicial frameworks regarding infringement analysis are similar to patent jurisprudence. |
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| Webinar: Protecting Your Managed Services Practice Part 1 |
| Part 1 of a webinar discussing effective risk management as an integrated approach to identifying and addressing the various sources of risk and on implementing consistent, intuitive, and easily repeatable processes to manage and mitigate risk. |
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| Database Copyright Registrations |
| This publication provides an introduction to Copyright Registration for Database applications. If you have developed a software program of any type, it is important to consider seeking registration including protection for databases. |
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| Investigating and Preserving Evidence in Data Security Incidents |
| This presentation covers legal developments in the area of network security and data privacy. Topics include a review of federal regulations, state data breach laws, privacy court cases, and evidence preservation strategies. |
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| Protecting your Managed Services Practice: Are you at Risk? |
| Effective risk management relies on an integrated approach to identifying and addressing the various sources of risk and on implementing consistent, intuitive, and easily repeatable processes to manage and mitigate risk. Ensuring consistency across all risk management responses is as important as the details pertaining to each risk source. |
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| Privacy and Security Laws for Health Care Organizations |
| Presentation slides from Rob Scott’s presentation to the AMGA’s Leadership Council on the topic of recent developments in privacy injury liability for the healthcare industry. The presentation discusses legal developments and trends affecting healthcare providers. |
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| Managed Services: Service Level Agreements |
| How to develop service level agreements for managed services presented at the MSP Alliance Fall Conference. Topics include service level agreements, master services agreements, and project engagement contracts for managed service providers. |
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| Hot Topics in Open Source Licensing |
| Open Source Software licensing hot topics slide presentation. Although there are dozens of open source licenses, the terms in copyleft licenses such as GPLv2 and GPLv3 seem to cause the most angst for enterprises using open source. Companies are concerned that they are putting their own IP at risk when using these licenses. In this presentation, you’ll gain a better understanding of copyleft licenses and how to manage the risks for your organization. |
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| Software License Dispute Negotiation |
| If your business is involved in a software licensing dispute, will you know the best way to strategy to employ? In this session you’ll learn key strategies resolving software licensing disputes. Topics covered include: overcoming legal obstacles, restoring trust & communication, sharing information without jeopardizing your legal position, and understanding both sides business and emotional drivers to document new license agreements that fit both parties’ current business requirements. |
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| Privacy Law: Recent Trends |
| Privacy law presentation discussing legal developments in the area of network security and data privacy. Topics include data breach, breach notification, privacy legislation, privacy court cases, and risk management. |
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| Data Breach: Investigating Security Incidents |
| Data Breach presentation slides from Rob Scott's presentation to the Dallas Bar Association regarding the attorney's role in investigating and responding to network secuirty incidents involving data breach. |
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| Media & Technology Litigation |
| This presentation discusses the legal issues involved in common media and technology insurance claims. Scott & Scott, LLP represents insureds in claims arising under media and technology business insurance. |
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| Copyright Registration for Online Works |
| This publication discusses basic concepts related to the copyright registration of websites. Most internet law disputes turn on either trademark or copyright law. Failure to timely register your website with the U.S. Copyright Office will dramtically effect your ability to enforce your rights in court. |
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| Copyright Registrations for Software Programs |
| This publication provides an introduction to Copyright Registration for Software Programs. If you have developed a software program of any type, it is important to consider seeking registration. |
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| Internet Law: PPC and SEM |
| Internet Law presentation slides discussing the trademark and copyright issues that arise in internet marketing and search engine optimization campaign. Topics include trademark infringement, copyright infringement, domain name disputes, and DMCA takedown. |
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| Software Audit Tool |
| Scott & Scott’s Compliance Manager™ remotely audits your network and provides an immediate and accurate view of your software assets. It automatically documents the software deployed on your network, helping you to gage your current license compliance status; and effectively manage, control and protect software assets throughout your enterprise. |
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| Business Impact of a Data Breach |
| Presentation highlighting the results from a study performed by the Ponemon Institute, sponsored by Scott & Scott, regarding the business impacts of data breach occurs. Topics researched include the causes of data breach, spending on data breach prevention, use of encryption, and breach notification strategy. |
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| Managing Software Disputes |
| Software audit defense presentation presented by Rob Scott, Scott & Scott, LLP. Topics include bsa audit, siia audit, software arbitration, software litigation, and software licensing. |
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| SEC- Proposed Data Breach Rule |
| The Securities and Exchange Commission ("Commission") is proposing amendments to Regulation S-P, which implements certain provisions of the Gramm-Leach-Bliley Act ("GLBA") and the Fair Credit Reporting Act ("FCRA") for entities regulated by the Commission. |
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| Data Breach Survey Results |
| Scott & Scott, LLP and Ponemon Institute are pleased to report the results of a national survey that seeks to understand how a data breach affects an organization. The study focuses on the organization’s response to the data breach, the most common causes of the breach and what measures are put in place to prevent a future breach based on lessons learned. We also compare the prevention practices of organizations that had a breach to those that have been spared. This independently conducted study queried a representative sample of 702 adult-aged respondents who are presently employed within U.S. organizations. |
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