Silicon Valley Software Lawyer Kristie Prinz to Speak on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests”

Silicon Valley Software Lawyer Kristie Prinz will be co-presenting a webinar on “Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests” with Kelley Miller of Reed Smith on August 8, 2017 at 10:00 a.m. PST/1:00 p.m. EDT. To register for this webinar, please sign up at:  https://www.straffordpub.com/products/negotiating-saas-agreements-drafting-key-contract-provisions-protecting-customer-and-vendor-interests-2017-08-08.

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Addressing Common Software Agreement Fee Drafting Problems

Many software agreements contain a variety of disparities between the fee terms in the body of the contract and how the fees are described on the website, in marketing materials, and in other supplemental documents. What are the typical problems that might be found in a software agreement regarding fees and how can those problems…

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What Can Software Companies Do to Avoid Disputes Over Implementation?

I would argue that poorly drafted implementation terms constitute perhaps the single most common reason for a legal dispute in the software contracting area, particularly in the enterprise business space. So, what can software companies do to avoid this potential problem? I address this issue in the following Silicon Valley Software Law Blogpost: Does Your…

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App Store Policy Changes to Go Into Effect

If you are in the software business, you will likely be interested in some App Store changes that go into effect as of today, May 1, 2017. I posted about these changes on the Silicon Valley Software Law Blog at the link set forth below: Apple Implements App Store Affiliate Commission and Pricing Changes

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Should the Use of a Moderator on an Online Platform Subject the Platform to Liability for Infringing Content Posted by Users?

Should the use of a moderator on an online platform subject the platform to liability for infringing content posted by users? The Ninth Circuit just issued a controversial ruling on this issue, which is discussed at the Silicon Valley IP Licensing Law Blog: Controversial Ninth Circuit Ruling May Limit the Availability of the DMCA Safe…

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VIZIO Settles with FTC and New Jersey over Data Tracking Practices

VIZIO has settled a case with the FTC and State of New Jersey for $2.2 million, which alleged that the data tracking of smart TVs, which occurred without viewer’s informed consent was “unfair and deceptive” in violation of the FTC Act and New Jersey consumer protection laws. VIZIO to Pay $2.2 Million to FTC

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Silicon Valley SaaS Lawyer Kristie Prinz to Speak at Upcoming Webinar on “Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle & Avoid Disputes”

Silicon Valley Attorney Kristie Prinz will be presenting a webinar on March 24, 2017, which will address “Best Practices for Drafting SaaS Contracts that Reduce the Customer Sales Cycle & Avoid Disputes.”  To register, please sign up at the following link:  Best Practices for Drafting Saas Contracts.

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Consider a Business Valuation Before Starting Negotiations to Sell Business

If you are contemplating the sale of your small business or start-up, then you should consider procuring a valuation of your business before you enter into any negotiations. If you are reluctant to invest in such a valuation, consider this: would you enter into negotiations to sell your most valuable personal asset–which for most would…

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Why it Pays to Take the Time to Review Disclosure Schedules

If you are in the middle of negotiating an asset purchase deal, you are likely to come across a number of pages that are labeled as “disclosure statements” or “disclosure schedules.” If you are a small business owner or entrepreneur, you are likely to glance right over these blank pages and ignore them entirely, and…

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The Dangers of Accepting an Earn-Out When Selling Your Business

If you are an entrepreneur, start-up, or small business, it is highly likely that you looking to sell all or part of your business.  In my career, I have worked with numerous entrepreneurs, start-ups and small businesses who consulted me about a deal proposal they received.  In the majority of these cases, the first proposal…

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FTC Announces Order Against San Francisco Software Company

The FTC has today announced its final order in its case against the San Francisco Software company Vulcan over its business practices in distributing its software product and advertising and promotional activities in connection with the product.  The FTC clearly put software companies on notice again that the government is carefully monitoring their business practices…

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Microsoft Launches New Constitutional Challenge Against Alleged Federal Government Searches of Customer Data in Cloud

Microsoft has launched a new constitutional challenge against the government over its use of indefinite gag orders when it subpoenas information from customer cloud accounts.  Microsoft is claiming that the orders violate the First Amendment free speech rights and the Fourth Amendment rights regarding unreasonable government search and seizure of property.  Clearly, this action by…

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Does a Start-up Need to Be Based in Silicon Valley to be Successful?

Does a start-up have the best chance to succeed if based in Silicon Valley?  Or would the same start-up be just as successful, if not more successful, if it were based somewhere else?  This firm has developed a large client base supporting start-ups and tech-focused small businesses outside of Silicon Valley, so we have personal…

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FBI Unlocks Terrorist iPhone Without Apple’s Help, Ending Encryption Dispute

The U.S. Justice Department has announced that the third party who came forward and convinced the FBI that it could unlock the San Bernardino terrorist’s encrypted iPhone successfully unlocked the encrypted iPhone, ending the standoff between Apple and the FBI.  The Silicon Valley Software Law Blog provided an update on the developments below: Third Party…

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Department of Justice Reverses Course on Apple Encryption Case

The Department of Justice appeared to be reversing course in its case against Apple this afternoon, when it filed a motion to vacate the hearing scheduled for tomorrow in order to explore a possible method of decrypting the terrorist iPhone at issue proposed by a third party over the weekend.  I have written more about…

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