Archive for 2015
Prinz Law Opens New San Jose Office
I am pleased to announce the opening of my firm’s new San Jose office. Please check out the press release announcing the opening: Press Release of Silicon Valley Office Opening.Read More
Tax Considerations to Contemplate in Structuring Start-up Business
If you are contemplating how to structure your new business as an entrepreneur, you may want to think ahead to the day when you will be able to sell off the business you have built and consider the linked article below which discusses the tax consequences of selling a small business: Tax Death When Selling…Read More
SaaS Lawyer Kristie Prinz Speaks on “Negotiating Software as a Service Contracts”
SaaS attorney Kristie Prinz recently participated in a webinar on “Negotiating Software as a Service Contracts” with Reed Smith’s Kelley Miller. A recording of that presentation can be accessed through the link attached below: Negotiating Software as a Service ContractsRead More
Implications of Supreme Court Decision on Patent Invalidity Defense on Software Industry
How will the Supreme Court’s ruling yesterday in Commil v. Cisco Systems impact the Silicon Valley software industry? I looked at this issue today in this Silicon Valley Software Law Blog posting: Silicon Valley Software Industry Considers Impact of Supreme Court Decision on Patent Invalidity Defense to Claim of Induced InfringementRead More
Choosing the Right Partner for an IP Purchase Transaction
If you are looking to buy or sell IP, have you ever taken the time to consider what qualities will make a prospective partner a good candidate for a deal? I recently looked at this issue in a Silicon Valley IP Licensing Law Blog Posting: Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage”.Read More
Should Silicon Valley be Alarmed About Newly Proposed Government Surveillance?
If you are working in the tech community or have opposed the expansion of government surveillance that has been occurring since 9/11, you may be alarmed by the bill that has just been introduced in the Senate that has the potential to take government surveillance to a new level of intrusiveness: the Cybersecurity Information Sharing…Read More
Implications of Supreme Court Decision on Patent Invalidity Defense on Silicon Valley
The Supreme Court issued an opinion today that is relevant for all companies engaged in innovation: the majority held that patent invalidity is no defense to a claim against an infringer that it induced third parties to infringe as well. I published an explanation of the Court’s findings and shared my thoughts on what this…Read More
Responding to an Infringement Letter as a Start-up
If you receive an infringement demand letter as a start-up, is the best response a combative response? I discussed this issue in the Silicon Valley IP Licensing Law Blog in the context of a start-up CEO who won a patent infringement suit against an alleged patent troll at the link below: Should You Follow the…Read More
Should Silicon Valley Push for Copyright Reform?
The Songwriter Equity Act of 2015 was recently introduced in Congress, putting the issue of copyright reform on the table. While the music industry gets little attention in Silicon Valley, should Silicon Valley take this opportunity to push for an expansion of the reforms? I explored this issue in The Silicon Valley IP Licensing Law…Read More
Evaluating the Risk in the Context of Negotiating an Indemnification Clause in a SaaS Contract
If you work for a SaaS company or have ever negotiated a services contract with a SaaS provider, you likely found one of the most contentious issues in your negotiation to have been the negotiation over the parameters of the indemnification clause in the contract. In particular, the issue of who is liable in a…Read More
Lessons From Jury Verdict in Copyright Infringement Case Against Robin Thicke and Pharrell Williams
If you followed the commentary about the high profile jury verdict in the copyright infringement case against Robin Thicke and Pharrell Williams, the prevailing opinion was that the verdict would have a chilling effect on the development of music going forward. However, I would argue that the views opined have been said before in conjunction…Read More
The Pitfalls of Exclusive Licensing Deals
If you are considering a licensing offer and are convinced that any such agreement will have to be an exclusive deal, but find yourself coming up with creative language in an attempt to limit the scope of the exclusivity offered, then you may want to step back and proceed with caution as I discuss in…Read More
Ironic Practice of the Unauthorized Commercialization of Attorney Content
Have you ever wondered why there are so many business models being developed today that seem to rely entirely on commercializing legal content created by lawyers, generally without the prior authorization of the attorney or law firm that created it? I suspect that nearly every lawyer that gives speeches or writes content to build his…Read More
Choose the Name of your Start-Up Wisely
When you decide to start a business, or get “pushed” into it as many people are when their salaried job suddenly disappears, it’s easy to overlook the importance of choosing a name among all the other decisions you are having to make. In my recent blog post to Silicon Valley IP Law Blog, I addressed…Read More
Implications of FCC Net Neutrality Rules on Software Industry
The topic of net neutrality has been the subject of controversy for months, but the FCC has recently taken this debate to a new level by adopting new rules that will allow it greater regulatory authority over the Internet. What does this mean exactly for the public generally and for the business world? I’ve explained…Read More
Has Your Start-Up Lost its Focus Over Financing?
As anyone who has ever started a business well knows, one of the great challenges is to stay on focus and avoid distractions that create barriers to your success. But in Silicon Valley, it is not uncommon at all to see entrepreneurs who seem to have lost their focus and who are chasing goals other…Read More
The Perils of Cutting the Wrong Legal Corners
Does your company make a point of not consulting outside counsel on pricing and payment terms in its contracts in an effort to save money on legal fees? If so, you might end up costing the company more money in legal fees than you would otherwise. I looked at this issue in my recent blog…Read More
The Challenge of Negotiating Price Terms as a Start-up or Entrepreneur
In my capacity as a transactional attorney working alongside many entrepreneurs, start-ups, and small businesses, I get often get brought into to provide legal support to deals that never close. While there may not be a single, uniform reason why these deals are not closed, I often suspect that the primary reason had to do…Read More
Is Silicon Valley the Land of Opportunity for Women as well as Men?
Regardless of your perspective on whether or not Silicon Valley is the land of opportunity for women as well as men, a thought-provoking article was just published by Newsweek about how women perceived in Silicon Valley that is worth taking a look at. It is already the source of considerable commentary on the web, as…Read More
California Legislators Contemplating New Regulation of Drones
The increasing popularity of drones apparently has caught the attention of CA lawmakers, who have just introduced SB 142, which would prohibit the unauthorized use of unmanned aerial vehicles over private property. I guess my question is what to do with all the child-sized violators, who accidentally run the new toy drones that they received…Read More
Why Understanding Your Technology Model is the Key to Drafting a Good Contract
If you work at a software company and are involved at all with agreements, you may be interested in a recent posting that I wrote at Silicon Valley Software Law Blog on why understanding your technology model is so critical to properly drafting and even reviewing contracts: Software Licensing vs. Software-as-a-Service (“Saas”) : The Importance…Read More
Is Another Tech Bubble Emerging in Silicon Valley?
A debate seems to be developing as to whether or not the Silicon Valley has a tech bubble emerging. An increasing number of commentators are raising issues about tech company valuations, spending by VC-backed companies, and the excess of capital in the market. The question for all of us is what this means exactly for…Read More
What Makes a Successful Start-up?
This is an interesting Forbes opinion piece on what makes the few start-ups that succeed different than the majority that fail. As a lawyer representing many entrepreneurs and start-ups, I think understanding the market and having a good grasp of how to market to potential customers is critical. I also think that you have to…Read More