If you have been audited by IBM, you need experienced counsel to protect your business. Scott & Scott, LLP has a dedicated practice group focusing on defending companies accused of software license violations by IBM. Our lawyers have counseled many businesses in your situation. Our lawyers and technology professionals have the technical and legal skills necessary to vigorously fight for your interests against an IBM audit.
A typical target of an IBM audit will receive a letter from IBM demanding the business’ cooperation in disclosing the number IBM installations on its network and the number of IBM licenses it owns, including serial numbers. An outside accounting firm is frequently engaged to perform a third-party compliance review. The letter may go on to describe the audit process and request a phone conference to “kick-off” the audit.
Targets who receive letters in an IBM audit should treat the matter very seriously. It is important to know your legal rights and protect your legal position before responding to a request for an IBM audit. Additionally, companies who prepare their own responses to IBM without the benefit of counsel and before conducting a thorough investigation may receive an unexpectedly high settlement offer from IBM. We advise our IBM audit clients to ensure that internally prepared license reconciliations are protected by the attorney-client and work-product privileges if possible.
In many cases, IBM demands a settlement payment calculated at the customer’s historical discounted price for the products found to be unlicensed plus back maintenance for up to two years.
When responding to IBM audit requests, you should work with experienced counsel to thoroughly investigate the software usage on your computers, protect yourself by requesting an agreement from IBM regarding the use of the materials that will be produced in the audit, and negotiate a resolution geared toward ensuring future compliance. Our lawyers and technology professionals can guide you through every step of the IBM audit process.
The Legal Risks of IBM Licensing
- 20JulBoutique intellectual property and technology law firm, Scott & Scott, LLP, will move to new space in Granite Place, Southlake’s brand-new, full-service building this summer.26JunSOUTHLAKE, TEXAS (PRWEB) JUNE 06, 2017 Scott & Scott, LLP, a boutique technology law-firm in Southlake, Texas has been named Technology Law Firm of the Year by Finance Monthly two years in a row. The...
- 26JunSOUTHLAKE, TEXAS (PRWEB) JUNE 09, 2017 Scott & Scott, LLP, a technology law firm, has been recognized as the successful winner of the ACQ5 Law Awards 2017. “We are honored to receive ACQ5’s Law Awards...26AprSOUTHLAKE, TEXAS (PRWEB) APRIL 26, 2017 Boutique law firm,Scott & Scott, LLP, was honored by Lawyers Worldwide Magazine as Technology Law Firm of the Year – USA in the April 17th edition of Super Lawyers...
- 10JanJulie Machal-Fulks, Texas Lawyer, January 2017 Helpful Tips to Manage the Cost of Annual Budgets and Corporate Transactions For many corporations, the end of the year signifies that it is time to look to the coming year and identify...30NovMichael O’Dwyer, The PULSE of IT, 11/29/16 Virtualization offers many advantages, but ineffective virtual server security and compliance policies can easily negate them. Virtual machine (VM) sprawl and software license management in particular may prove...
Highest recommendation. An absolute wizard in the substantive areas and a talented negotiator as well.
Scott and Scott understands our business and are very responsive.
Your office was extremely helpful to us during our BSA ordeal. Very easy to work with and always gave us really great advice regarding a subject matter that we were not familiar with.
Excellent representation; outstanding communication; reasonable fees for service.
Your services were timely, fairly priced and straight to the point of what we needed done.
Great service and results.
For the third time I have called on you guys to negotiate on our technology company’s behalf. You took the time to understand our business model, where we were going and what we wanted to accomplish. You successfully helped us reach our goal each time. Our company is growing, our profit is up, and we know we can depend on Scott and Scott to be there when we need them in the future. Thank you for being consistent.
I found the firm most knowledgeable in all IT subject matter and the quality of documents prepared was excellent!
Trust and known quality of the work that the legal team does on behalf of its clients and the customer care that they provide beyond legal acumen.
Great work and representation. The result was better than we could have expected.
Thank you for the service you and the team and Scott & Scott, LLP have provided us here at SMART I.T. Services, Inc. It was a pleasure working with you, especially since your service was fast, friendly, flexible and accurate. The fact that you work in our industry and have experience with the issues associated with it, were just icing on the cake!
It is with great and sincere pleasure that I recommend Scott and Scott, LLP. Scott and Scott has done an exemplary job for the Waypoint Solutions Group team, writing and reviewing contracts and developing our information security program and information security incident plan. Having a trusted and competent firm to handle our specific and complex needs as an IT company, allows us to focus on and deliver the highest quality solutions for our customers. Rob Scott and the entire Scott and Scott organization display unparalleled industry expertise and professionalism, and...
Mr. Scott and his team have provided my organization and its over 30,000 members with a wealth of leadership, expertise, and legal advice. When it comes to IT related issues there is no other law firm I would entrust to render advice and counsel to me and my organization. Rob and his firm are at the top of their profession in the Information Technology community. I recommend Scott & Scott to all my clients and friends who are in the business. If you are in the IT profession and need...