Posts Tagged ‘Prinz Law Office’
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.
Read MoreWhat Problems Should You Anticipate with a SaaS Company’s Assets in a Potential Acquisition?
Interested in acquiring a SaaS company’s assets? If so, you may want to take the time to contemplate the problems you should anticipate with those assets before commencing negotiations. The firm discusses these issues in more detail in the Silicon Valley Software Law Blog: Negotiating the Purchase of SaaS Company Assets: Key Problems to Anticipate…
Read MoreDepartment of Justice Investigating Uber’s Use of Greyball Software
I have discussed the latest legal developments regarding Uber’s “Greyball” software program at the following Silicon Valley Software Law Blog link: Investigation Reportedly Launched by Department of Justice into Uber’s Use of “Greyball” Software
Read MoreAddressing 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…
Read MoreWhat 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…
Read MoreApp 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
Read MoreCan you be Criminally Prosecuted for Developing Code Used in the Commission of a Crime?
As a developer, can you be criminally prosecuted for developing code that is subsequently used in the commission of a crime? The recent federal prosecution of an Arkansas developer suggests that this is in fact possible and that developers need to be wary of all the possible applications of the code they are seeking to…
Read MoreShould 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…
Read MoreWhat is a Service Level Agreement or “SLA” and When Do You Need One?
If you are in the software industry or a technical services industry, or alternatively, if you purchase software or technical services, do you know what a service level agreement is and when you might need one for a particular relationship? In my blogpost at the Silicon Valley Software Law Blog, I explain the concept of…
Read MoreShould Data Collected from a Smart Device Be Usable in a Criminal Prosecution?
The increasing reliance on “smart” devices is creating a variety of new legal issues, including the following: whether or not data collected from a “smart” device should be usable in a criminal prosecution? This fact pattern came up recently in an Arkansas murder case, where an Amazon Echo was in a home where a body…
Read MoreRecent Software Cases Reflect Why SaaS Contracts Should be Drafted to Fit Company’s Business Model
Is your SaaS contract “borrowed” from a third party’s standard terms or copied off the Internet? Or have you just been signing whatever a larger third party sends you to sign? If so, you may want to consider recent class action litigation against an industry leader, in which it was alleged that the terms of…
Read MoreSoftware Companies Should Rethink Privacy Practices Following Recent FTC Enforcement Actions
If you are in software industry, you probably are cognizant of the financial significance of data monetization to the industry. But how informed are you of privacy protection practices in the industry? Software companies may want to take note in light of recent enforcement activity by the FTC and tighten their practices, including drafting of…
Read MoreDoes this USA Today article fairly condemn Silicon Valley for its treatment of women?
This USA Today article strongly condemns Silicon Valley for its treatment of women. While the criticism is probably warranted, is Silicon Valley being held to a different standard than the rest of the country? Should Silicon Valley be held to a higher standard either because of its political leanings or because of the industry itself?…
Read MoreSupreme Court to Consider Whether Registered Sex Offender Has the Right to Post on Social Media
Does the First Amendment protect the right of a registered sex offender to post on social media? The Supreme Court is set to hear a case challenging a North Carolina law on this issue. Sex offender goes to Supreme Court over social media ban
Read MoreVIZIO 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
Read MoreSilicon 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.
Read MoreSilicon Valley Lawyer Kristie Prinz to Speak at Upcoming Webinar on “Negotiating Software as a Service Agreements”
I am pleased to announce that I will be speaking at an upcoming webinar “Negotiating Software as a Service Contracts” on December 19, 2016 from 1 to 2:15 p.m. EST. For more information, please see my firm’s press release on the event: Press Release on Clear Law Institute Webinar
Read MoreSilicon Valley Lawyer Kristie Prinz to Speak on “Negotiating Service Level Agreement Key Terms”
I am pleased to announce that I will be speaking at an upcoming webinar on “Negotiating Service Level Agreement Key Terms” on December 21, 2016 from 10 a.m. to 11:30 PST. For more information about the webinar, please see my firm’s press release on the event published below: Press Release on Stafford Publications Webinar
Read MoreWhy You Should Consult with an Exit Planner Before Considering a Proposal to Buy Your Business or its Core Assets
As a transactional firm in the technology and health tech space, the firm often gets retained by clients to engage in negotiations regarding the sale of a company or its core IP assets to a third party after the client has been approached by a third party with a purchase offer. In many of these…
Read MoreConsider 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…
Read MoreWhy 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…
Read MoreThe 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…
Read MoreImportant Elements to Include in a Term Sheet for a Chinese Licensing Deal
Young start-ups and entrepreneurs often get frustrated when they approach me about advising them on a deal and I ask them for a term sheet, and then encourage them to write one if they don’t already have one. However, when I ask this question I do it not with the intention of frustrating my client’s…
Read MoreHow to Evaluate an Acquisition Offer from a Competitor Without Putting Your Business at Risk
If you run a start-up or small business, you will likely be approached at some point by a third party that expresses interest in acquiring your business. But how do you know if the interest being expressed is genuine or if it is being made for a reason other than wanting to do a deal…
Read MoreStart-ups Should Consider Corporate Collaboration Opportunities in their Growth Plans
It has been my experience that many of the start-ups and small businesses I’ve come across in my practice over the years have been very focused on the pursuit of financing opportunities for their young businesses, but they often overlook collaboration opportunities with larger companies that may be available and be just as beneficial to…
Read MoreBe Cautious in Making Decisions to Share Equity in a Start-up or Small Business
In my practice, it is not unusual for start-ups or small business owners to call me to discuss a deal they are contemplating which will involve sharing equity–even a significant amount of equity–with new business partners. In these cases, the client is typically considering this equity share either because of cash constraints or because they…
Read MoreFTC 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…
Read MoreConcerned about Protecting Your Company’s Trade Secrets? Congress Has Enacted New Legislation to Assist You
If your company is Silicon Valley-based, then protecting your trade secrets is likely one of your top concerns and you have probably long been frustrated with the seemingly inadequate protections available under the law for trade secrets. If so, then you will be pleased by Congress’s nearly unanimous passage of the Defend Trade Secrets Act,…
Read MoreSoftware Companies Should Prioritize Making Their Products Accessible to the Disabled
If you run a software company, have you ever considered whether your software could be made more accessible to the disabled? If you have never given ADA compliance or compliance with similar state laws any consideration, now may be a good time to focus resources on the issue as I explain in my Silicon Valley…
Read MoreMicrosoft 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…
Read MoreSeeking Venture Capital Investment? Don’t Rule Out the Possibility of Angel Investment
As a tech start-up lawyer, I receive almost daily inquiries from start-ups and entrepreneurs about how to obtain venture capital investment. I encourage many of those making the inquiries to explore the possibility of angel investment as well. In general, I find that start-ups and entrepreneurs are less familiar with the angel investment concept than…
Read MoreDoes 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…
Read MoreFBI 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…
Read MoreConsidering a Move to Silicon Valley? It Would Be Prudent to Do Your Homework First
If you are a lawyer at a law firm contemplating opening a Silicon Valley office or a start-up contemplating moving the company to Silicon Valley, it would be prudent to do some serious homework on what you are getting into before taking the plunge. As many of you know, I relocated out to Silicon Valley…
Read MoreDepartment 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…
Read MoreSenate Bill Raises Concerns of Scope of Federal Regulation of Non-Commercial Drone Use
To what extent should drone activity be regulated by the federal government? That is the question being raised today by commentators in response to the U.S. Senate Committee on Commerce, Science, and Transportation’s approval of the Federal Aviation Administration (“FAA”) reauthorization bill (S. 2658). On one hand, the bill sets a two year time period…
Read MorePrinz 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.
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