Scott & Scott, LLP has a dedicated practice group focusing on defending companies accused of software license violations. Below are some of the cases our firm has been involved with.

Worked with UK insurance provider to evaluate its IBM license position and to improve its negotiating position with IBM. Assisted client in negotiating more appropriate audit-settlement terms. 

Worked with financial software hosting provider to gather audit data and to respond to information requests from Microsoft’s auditors. Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Assisted the client in evaluating its Microsoft license position and options for more appropriate audit-settlement terms.

Worked with worldwide consumer products company to evaluate its OpenText license position. Assisted in preparing a response to OpenText’s license-compliance findings and to evaluate options for more appropriate audit-settlement terms. 

Worked with provider of supply-chain management software based in New York to research and evaluate its Orbacus license position, applicable licensing requirements and  open-source licensing alternatives. Assisted client in positioning its discussions with the software publisher in furtherance of a settlement.

Assisted Midwestern IT services company with VMware licensing.

Defended security alarm monitoring company with over one million customers in an IBM audit initiated by Deloitte involving IBM web sphere and DB2 licensing.

Defended fortune 500 IT Services company in Microsoft audit resulting in a new $34,000,000 Microsoft Enterprise Agreement enrollment including a release of all compliance claims.

International workforce solutions firm selected Scott & Scott, LLP to assist with resolving software license audits, including IBM and Adobe.

Represented application hosting service provider in an audit conducted by BEA Systems resulting in business partnership and settlement agreement containing a release of all compliance claims.

Represented 75,000 employee business process outsourcing company in a dispute with Sun Microsystems and its successor Oracle resulting in a multi-year maintenance and support agreement covering the entire Sun hardware infrastructure.

Defended national nursing home software company in connection with a Borland audit conducted by Deloitte & Touche. 

Defended 140 location retail chain in compliance review conducted by Sybase involving over three million dollars in alleged compliance violations and threatened termination of over five hundred thousand dollars in perpetual licenses. 

Conducted software licensing audit of global entertainment company with fifty-thousand computers in connection with multi-year IT outsourcing contract.

Represented print management solutions firm against allegations of copyright infringement from the Business Software Alliance. Donahue Gallagher Woods represented the BSA. The BSA alleged unlicensed copies of numerous Adobe products. The case settled after two and half years for a fraction of the BSA's original settlement demand.

Represented a technology services firm to the financial services industry in a software audit instigated by the Software & Information Industry Association.  The SIIA was represented by Donahue Gallagher Woods.  Due to the audit findings the SIIA closed its file with the submission of a signed Officer's Certificate.

Southeastern engineering firm retained Scott & Scott, LLP to defend an Autodesk audit.  After six months the matter was settled with a software purchase and zero monetary penalties.

Defended Midwestern hosting services firm in a Microsoft SPLA audit involving heavily contested findings related to SharePoint usage.

Represented Creative Edge Master Shop in a declaratory judgment action against Autodesk in the United States District Court for the Southern District of Iowa.

Represented  Xerox in a declaratory judgment case filed in state court in Dallas, Texas.  The case involved the propriety of a publisher’s purported termination of a license agreement following the customer’s refusal to deploy proprietary software tools in response to an audit demand. 

Represented TRG in a copyright infringement litigation filed by Microsoft in the United States District for the District of Columbia. The dispute arose over the accuracy of the findings of a third-party software auditor acting on behalf of Microsoft. 

Initiated arbitration against document management publisher for breach of master software as a service agreement, misrepresentation of software functionality, and falsely and fraudulently advertising product offering.

Defended vertical cloud solution provider in customer claims related to data lost in the cloud.

Defended fifth generation garment manufacturer in federal copyright infringement case against Adobe pending in the United States District Court for the Southern District of New York. Adobe the defendant of copyright infringement related to Adobe Creative Suite and related products.  On the eve of the Court’s hearing on motions for partial summary judgment related to the proper calculation of damages, the parties reached a confidential settlement.

Defended software developer in federal copyright infringement case pending in the United States District Court for the Western Disctrict of Texas.  Software company accused former contractor of copyright infringement related to user interface and product documentation that the contractor developed for the software company.  After the parties reached a confidential settlement, the contractor was dismissed from the lawsuit without any settlement payment.
Represented San Francisco based mortgage industry software-as-a-service provider in copyright infringement matter filed with the American Arbitration Association.  The case involved breach-of-license and copyright infringement claims arising from alleged reverse engineering of the licensed software.

Represented Texas based green energy provider in software dispute before the American Arbitration Association.  The matter settled after selection of the arbitrators during the discovery phase.    

Represented fortune 500 IT services firm in declaratory judgment and copyright litigation in the Northern District of Texas related to the alleged termination of a software license following a merger transaction.  The case resulted in a prompt settlement and revised license agreement with a savings of over $2,200,000 off the pre-litigation settlement proposal from the software publisher.

Defended Las Vegas engineering firm in federal court copyright infringement claim resulting in prompt settlement following a motion to dismiss in the Northern District of California. 

Sued software trade group and member software publishers in federal court alleging declaratory judgment and anti-trust claims resulting in quick out-of-court settlement.

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Scott & Scott, LLP’s attorneys and technology professionals have extensive experience solving business and legal issues related to software. Whether you are faced with a software audit, struggling with software license compliance, or engaging in software licensing transactions, Scott & Scott can help.

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Scott & Scott’s intellectual property attorneys have significant experience registering, licensing, and enforcing copyrights and trademarks globally. Our combination of litigation experience and technology expertise enables us to deal with complex intellectual property issues involving software products, digital media, designs, and emerging media like social networking, blogs, and virtual communities.

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Scott & Scott, LLP works with companies to solve complex issues that arise in corporate transactions. Scott & Scott’s lawyers negotiate and memorialize the terms in a variety of transactions, including software and intellectual property licensing, managed services, employment and consulting, stock purchases, outsourcing, financing, and supply agreements. Our attorneys are an integral part of our clients’ transactions. We are focused on providing value and ensuring that our clients achieve their business objectives. We have experience working with energy companies, financial institutions, technology companies, managed services providers, health care providers, manufacturers, and design firms to finalize transactions.

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Most businesses, regardless of size, have to be aware of state and federal laws regarding security and privacy. Knowledge of the law is especially important when a company is experiencing a security incident. Scott & Scott, LLP’s incident response team is ready to respond to a data breach affecting a client’s data. Scott & Scott’s attorneys, who are regularly called upon by their peers to speak about privacy laws and security concerns, can also help develop privacy policies that comply with the law and guide employees in the event of a security incident.

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