Nov 08, 2019
The Business Software Alliance (BSA) targets small businesses that may be improperly using software of its members and retains lawyers to send a BSA audit letter to the business. There are two common questions that arise from the business: 1) …
Nov 04, 2019
When small companies acquire software, owners can sometimes feel like obtaining one license from a friend, a trade show. or from some other non-authorized dealer like a torrent site will not be something that a large software publisher would never …
May 29, 2018
Technology agreements are often very unique, and so are are the contracts among the parties that buy, sell, create, license, or use technology. Tech-contracts form books will not likely aid much in drafting an adequate contract for technology. When asked …
Feb 01, 2018
In business, it is not likely that an agreement will cover every issue. And even if an agreement discusses the relevant issues, sometimes agreements need to be changed or updated. Most often, changes are made by making and attaching an …
The On Point show with JP, Kathy and the Crew radio show is broadcast in the Dallas, Fort Worth, Texas area on 620 AM. The show provides families with local, state and national information …
Aug 14, 2017
The subject matter in technology can change so quickly that the technology laws have recently attempted to create frameworks to resolve problems rather than creating specific rules that could become obsolete. Accordingly, even the the best drafted technology contracts cannot …
Jun 02, 2017
Managed Service Providers work hard to attract the talent necessary to support the demands of their clients. The time, expense, and effort expended to train and acquaint even experienced employees can be signifiant. So MSPs should consider ideas with their …
Jun 01, 2017
The media coverage of the WannaCry ransomware worm has reinvigorated interest in learning more about cybersecurity companies. Individuals may be interested in investing in such companies. Enterprises may be interested in the services that cybersecurity companies offer. Small businesses may …
May 10, 2017
Managed Service Providers (MSP) and software developers sometimes use agreements from peers, samples from the internet, and from legal form databases. These methods of obtaining agreements to use with customers are sometimes utilized to avoid legal expenses from an experienced …
Mar 24, 2017
What can the average American person take away from the Presidential controversy about “wiretapping”? Interestingly, the Republican party said when President Trump tweeted about being “wiretapped,” it was purposefully put in quotes to mean surveillance in general. As a technology …
Mar 23, 2017
It is often said that the first place start-up business ventures seek capital is from friends, family, and fools. Borrowing from friends and family can be an effective transactions among the parties. One of the benefits is that the borrower …
Feb 13, 2017
The number and complexity of managed services in the information technology space continue to expand. Accordingly, Managed Service Providers (MSP) may struggle with implementing an agreement structure that fits their needs. MSP lawyers likely work with their clients at some …
Feb 01, 2017
Although it seems that every company either is, or is becoming, a technology company in some way, using outside counsel for software legal review can be a smart way to approach an ever evolving task. Software licenses, including a wide …
Jan 31, 2017
The strength and nature of a particular trademark can determine the performance and branding of a business in a market and the scope of legal protection to which the business is entitled. A highly distinctive trademark is a “strong mark” …
Non-disclosure agreements (or “NDA”) are usually commercial contracts where parties agree to share confidential information for the purpose of furthering other business transactions. An NDA lawyer may advise the disclosing party about the considerations for what happens if the agreement …
Dec 20, 2016
Choosing a strong trademark, one that is legally enforceable, could be one of the most important considerations for business startups. The selected trademark should convey what the entrepreneurs want to say about their products and should meet the goals of …
Dec 19, 2016
App developers face a fierce competitive environment. As developers create, share and collaborate with others, well-intentioned developers may inadvertently create legal issues for themselves simultaneously. Here, a software attorney discusses some legal solutions to help app developers thrive while mitigating …
Dec 16, 2016
People who desire to put their talents to use with a business that has endeavors of a greater good can find refuge by forming a legal entity tailored for the purpose of the social interest. Consequently, two types of legal …
Dec 15, 2016
Basically, a trademark could be a business’s identification. A trademark serves to distinguish a business brandand can be created with words, symbols, and images. A trademark lawyer will often help their clients in choosing legally enforceable trademarks, filing the proper …
Dec 05, 2016
An informative webinar on Wednesday, December 7, 2016 9:00 AM - 10:00 AM CST hosted by EC-Council University and presented by Kirkpatrick Law PC.
Cyberspace has grown phenomenally creating unlimited complex and newly …
The North Centeral Texas Small Business Development Center (SBDC) is sponsoring a business law workshop and seminar for business entrepreneurs. Business lawyer Brian Kirkpatrick will present an hour and half presentation at the North Central Texas College in Corinth at …
Nov 16, 2016
On November 15, the BSA | The Software Alliance published an encryption primer called Encryption: Security Our Data, Securing our Lives, which can be downloaded at http://encryption.bsa.org/downloads/BSA_encryption_primer.pdf. Our CyberCounsel were eager to review the primer right …
Nov 14, 2016
Parties entering into a non-disclosure agreement or NDA would like to share confidential information for particular purposes while also not sharing such confidential material to unauthorized individuals or third parties.
Notwithstanding the major purpose of an NDA, which is to …
The BSA, the organization notorious for sending BSA audit notices is apparently looking to capitalize on the lack of a publicly mentioned technology agenda. Our BSA audit lawyers keep a close watch on the activities surrounding the BSA because the …
A common question asked of our BSA audit lawyers is whether uninstalling the software mentioned in the BSA audit notice will remediate the problem. Uninstalling the software can do much more harm than good.
Confusion can come from the BSA …
Nov 09, 2016
Determining the scope of a non-disclosure agreement (NDA) includes specifying the permitted recipients of confidential information. Our business lawyers suggest that to maintain the protection of confidential information, the parties entering into an NDA should agree on which individuals, representatives, …
Nov 07, 2016
Parties entering into a non-disclosure agreement (NDA) should define the scope of the contract. Hence, they should determine what is encompassed by the term “confidential information.” Clarifying the parameters of the NDA could protect the parties from liabilities and could …
Nov 02, 2016
A non-disclosure agreement (NDA) could protect a company’s confidential and propriety information from misuse following a disclosure to a potential buyer or investor. There are different factors to consider in drafting or reviewing an NDA, and one’s perspective should depend …
Outsourcing to third parties has become more common as businesses experience efficiencies in moving process offsite to software as a service (SaaS) applications. Working with external service providers can involve highly confidential data of clients, business partners, employees, or even …
Oct 31, 2016
The Federal Trade Commission has been a governmental agency struggling to stake a claim as a cybersecurity regulator. Clients often ask, what does the FTC have to do with cybersecurity? The short answer is that the FTC asserts its authority …
Oct 26, 2016
The On Point with JP and Dr. B radio show is broadcast in the Dallas, Fort Worth, Texas area on 620 AM. The show provides families with local, state and national information with a variety of helpful topics and features. The …
Oct 26, 2016
Without established security policies, it can be more difficult to determine the company’s risk level. In entering an agreement with vendors, however, establishing security standards is not sufficient to ensure the protection of customer or proprietary information. Security audits can …
Oct 25, 2016
Many cybersecurity laws and privacy laws apply to companies that use customers’ personal information, and all companies have proprietary business information that theyis haves a duty to protect. Consequently, companies can be vulnerable to liability claims from customers, shareholders, directors, …
Companies that deal with proprietary and personal data have an obligation to ensure the security of information. The major function of security standards is to provide a framework to mitigate the risks of cyber attacks. When companies outsource services to …
Oct 21, 2016
Clients often ask whether they can file their own trademark application. The answer is always, “of course.” However, they can also change their own oil, make plumbing repairs, and prepare their own taxes. The better question is, Why should I …
Oct 20, 2016
Autodesk makes software products and is probably best known for the variations of AutoCAD. Its software is used heavily in the engineering, architecture, and industrial industries. Generally, when installing the software, there is a clickwrap agreement that must be accepted …
How legal works with information security is discussed at nearly every cybersecurity conference that I attend. I suppose that I have begun to take it for granted that legal departments and information security organizations understand the importance of forming an …
Companies can find convenience and flexibility in outsourcing to third parties. When choosing to work with vendors companies, entrepreneurs should review the vendor’s security information program. Security and IT organizations, together with business units, can review the program for technical …
Oct 14, 2016
Receiving a BSA audit letter demanding that a company perform an internal audit or face potential litigation usually results in disruption of normal business activities. The time it can take to resolve a BSA audit matter can depend …
Oct 07, 2016
The BSA compliance and enforcement division provides a simple definition on their website at www.bsa.org/anti-piracy. The definition describes unlicensed software that “is unauthorized use or distribution of copyrighted software.” What the BSA does not provide in their …
Oct 06, 2016
The BSA, otherwise known as the Business Software Alliance, is a software industry organization that has an enforcement division charged with pursuing businesses that have allegedly stolen software. No business is safe from the BSAs army. It has been known …
Oct 05, 2016
Care should be given to cybersecurity issues when procuring products and services from suppliers, particularly when company data will extend beyond the perimeter of the company network. Hackers are constantly searching for or developing innovative ways to acquire information from companies. …
Sep 30, 2016
A buy-sell agreement, also known as a buyout agreement, is a legally binding agreement among co-owners of a business. It provides how the interest of an owner will transfer upon some event (often death or disability of the owner). If …
Sep 29, 2016
Recently, crowdfunding has had a lot of hype among entrepreneurs ready to raise capital for their next idea. However, the long-awaited JOBS Act Title III has disappointed many entrepreneurs as the legal complexity and cost of compliance may exceed the …
Sep 20, 2016
Texting can be a convenient communication method, but it can carry risks if messages are discovered in the course of litigation. Communications through traditional texting methods are generally recorded by the parties’ third-party Internet service providers and could be stored …
Brian Kirkpatrick selected as a speaker at the EC-Council Global CISO Forum that will be held in Atlanta, GA on September 15-16, 2016
The topic of discussion will be ransomware. The FBI reported this year that US businesses lost more …
An operating agreement is the foundation of how a Limited Liability Company (LLC) will operate. Sometimes, new entrepreneurs express that there is little or no need for an operating agreement. That may stem from the technical rule that an operating …
Companies that use unlicensed software may sustain huge penalties from the publishers that choose to act on their audit rights. In the event of an audit requested from a software publisher, using a third-party to conduct the audit is the …
Aug 15, 2016
It turns out the the host of the Health, Wealth, and Happiness show on WGCV AM 620 has been a victim of ransomware himself. In Gary’s case, the criminals encrypted nearly 1000 music files and demanded several hundred dollars for …
Jul 21, 2016
Gary Pozsik's radio show, "Health, Wealth, and Hapiness" airs weekdays from 1 p.m. to 2 p.m. on WGCV 620 AM. Brian Kirkpatrick will be a guest for the financial segment of tomorrow's show on Friday, July 22, 2016. More information …
The On Point with JP and Dr. B radio show is broadcast in the Dallas, Fort Worth, Texas area on 620 AM. The show provides families with local, state and national information with a variety of helpful topics and features. The …
Jul 13, 2016
The BSA | The Software Alliance can be described as a private enforcer of copyrights for the mass market software industry. The members are among the largest software companies in the world. The purpose of the BSA can be dramatically …
There are two important considerations when responding to the BSA | The Software Alliance that can help resolve the matter with the least costs and least amount of time.
1. Work Product Doctrine and Attorney-Client Priviledge
Hiring an attorney is …
Brian Kirkpatrick will present a live 1-1/2 hour teleconference to help businesses negotiate better software licensing agreements and SaaS agreements on Thursday, June 4, 2016 through the National Business Institute.
Kirkpatrick Law will discuss when it is …
It may be surprising to learn that The Business Software Alliance (BSA) actually hires law firms to send letters threatening its own business customers that they may be liable for $150,000 for each copyrighted product infringed. The letters often state …
May 17, 2016
Often the first document that a customer will receive from a company is a contract. It could be a non-disclosure agreement, a service agreement, or any initial contract. Such contracts can be a branding and marketing opportunity that demonstrates a …
Apr 26, 2016
Suppliers can ask for termination language that can give a supplier significant power over a customer. A situation where a supplier can have the most power with termination language is where access to a service is provided. Unlike purchasing a product, access to services …
Apr 19, 2016
Companies want orders for their products and services. But, there can be risks involved when taking written orders. Prudent companies that provide products and services to their customer’s will have a master agreement in place that includes all of the …
Kirkpatrick Law will Present at Dallas Startup Week about Cybersecurity
"Cybersecurity 2016: 5 Approaches to Limit Cybersecurity Legal Issues for your Startup" will be presented by business and technology attorney, Brian Kirkpatrick, on Thursday, April 14, 2016 at Dallas …
Apr 07, 2016
In technology agreements, common terms can be defined in uncommon ways. In a software transaction, understanding how software is defined should be one of the first steps in reviewing a contract.
It would be easy if the term “software” followed …
Apr 04, 2016
Companies should be wary of contracts referred to as “standard.” Clients often ask attorneys at our firm whether a contract should be reviewed because it is a “standard contract.” When contracts are referred to as standard, an attorney might interpret …
A software license by itself can be deceivingly simple. It could be as short as one sentence. To understand what is actually being granted, each word of the license can be scrutinized to uncover the details.
Here is an example …
Mar 28, 2016
Software-as-a-service (SaaS) transactions continue to be some of the most difficult agreements to negotiate because enterprises use their leverage to demand working from large standardized agreements meant to be used for the entire software procurement process. Unfortunately, the appropriate terms …
As more Internet services adopt two-factor authentication, companies and individuals may begin to have a false sense of security when considering e-mail phishing attacks. Many individuals may work at a fast pace clicking through e-mails without stopping to consider the …
Dec 12, 2015
In the age of constant public network intrusions by hacker organizations, companies are starting to seek out cyber attorneys for guidance. Unfortunately, many companies may be reluctant to contact a cyber attorney because of the unfamiliar or highly technical subject …
Tech Law BlawG © 2023