IBM Audit


 

 

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.



+500 audit cases defended in 10 years
+$100-Million in licensing transactions
+60 years of combined experience

 

  • Highest recommendation. An absolute wizard in the substantive areas and a talented negotiator as well.

    QHCCS, LLC

  • Scott and Scott understands our business and are very responsive.

    Red Key Solutions - White Plains, NY - www.redkeysolutions.com

  • 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.

    A.P. Dailey Custom Laminating Corp.

  • Excellent representation; outstanding communication; reasonable fees for service.

    Baber's Rent to Own

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Settlement Structuring for IBM Audits

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Businesses that have endured software audits from industry groups like the BSA and the SIIA or from software publishers like Autodesk likely are familiar with the basic audit process of counting the total number of...

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