201703.15
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Customers Using Software Recently Acquired by IBM Should Proceed with Caution

In 2015, IBM acquired no fewer than 11 software and services companies.  Many software customers are surprised that after IBM purchases a company, IBM often significantly changes the license terms of the products.  For some customers that have purchased unlimited or site licensing with the prior software publishers, IBM’s changes can be surprising and expensive….

201701.10
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How to Assist Clients with Estimating Expenses

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Julie 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 a corporate or department budget for technology expenditures. Additionally, throughout the year, attorneys are often asked to advise clients on potential technology expenses related to…

201610.05
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3 Backup Tips to Protect Your Firm’s Data

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Julie Machal-Fulks, Texas Lawyer, 10/3/16 A law firm’s electronic data can be critical to the firm’s efficiency. If a firm’s electronic information were lost or otherwise unusable, it could hinder or even cripple the firm’s ability to successfully represent its clients. To help reduce the risks associated with lost data, many firms have a process…

201609.21
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Surpises & Gotchas in Your IBM License Agreements

Compliance Manager Summit, March 2017 During this session, Scott & Scott, LLP partner Julie Machal-Fulks discussed some of the challenges that organizations encounter when trying to ensure compliance with their IBM license agreements. When it comes to IBM products, many companies cannot easily or quickly verify compliance, and the risks associated with IBM licensing can be severe. …

201609.20
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Legal Risks of IBM Licensing

Because IBM products like WebSphere, DB2, Tivoli, Informix, and Lotus Notes are expensive, and companies cannot easily or quickly verify compliance, the risks associated with IBM licensing can be severe.  For example, if a company is trying to license under IBM’s Sub-Capacity license rules and fails to adhere to all of the requirements, IBM often…

201606.14
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The Importance of Escrow Agreements in Software and Technology License Agreements

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Julie Machal-Fulks, Texas Lawyer, 6/6/16 Some of their most integral software applications businesses use are under another party’s control. When each party is upholding its end of the licensing bargain, these relationships can be long-lasting and useful. But, in some instances, the licensee can no longer access software on which it relies because the licensor…