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HTMLWhen Is a Software License Transferable Even If It Says It’s Nontransferable?
Sarah Byrt, Mark A. Prinsley; Mayer Brown International LLP;
Legal Alert/Article
December 28, 2012, previously published on December 19, 2012
Software companies cannot prevent the sale of “second-hand” software licenses where those licenses are for a one-off fee and an unlimited period. Clauses in these licenses stating that they are nontransferable will not be enforceable. This is the effect of a recent judgment by the Court...

 

Adobe PDFCalifornia Court Finds in Favor of Microsoft, Upholds Costs of Performance
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 26, 2012, previously published on December 19, 2012
On December 18, 2012, the California Court of Appeal ruled that receipts from the right to replicate software are sourced as sales “other than tangible personal property.” In reversing the trial court, the Court of Appeal upheld the taxpayer’s use of costs of performance sourcing....

 

HTMLAnti-Poaching Agreements Under Attack
Stephen P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 26, 2012, previously published on December 2012
Healthcare employers need to be mindful of a recent focus by federal antitrust regulators on agreements with competitors limiting solicitation and hiring of competitor employees.

 

HTMLIs Your Company Software Product Subject to New York State Sales Tax?
Kaiser Wahab; Wahab & Medenica LLC;
Legal Alert/Article
December 13, 2012
Most software operations never think twice about sales tax; that keeps the physical goods people (e.g., furniture, equipment, etc.) awake at night, right? And many of us have heard the horror stories of tax penalties and assessments against those kinds of operations. Unfortunately, according to...

 

HTMLTime Running Out for Mobile App Operators Targeted by California Attorney General
Hunton Williams LLP;
Legal Alert/Article
December 7, 2012, previously published on November 26, 2012
In late October 2012, California Attorney General Kamala D. Harris began sending letters to approximately 100 mobile app operators, informing them that they are not in compliance with the California Online Privacy Protection Act (“CalOPPA”). Pursuant to CalOPPA, “an operator of a...

 

HTMLHow the US's New Anti-IT Theft Approach Affects Asia's Businesses
Alan C. W. Chiu; Mayer Brown JSM;
Legal Alert/Article
December 7, 2012, previously published on December 6, 2012
The use of unauthorised software in business is illegal and is likely to attract both civil and criminal liabilities in Hong Kong. Yet, did you know that the use of unauthorised software by anyone whose goods are supplied to the US may also constitute an unfair trade practice under the US's unfair...

 

HTMLUK ICO Publishes Anonymization Code of Practice
Hunton Williams LLP;
Legal Alert/Article
December 7, 2012, previously published on November 21, 2012
On November 20, 2012, the UK Information Commissioner’s Office (“ICO”) published “Anonymisation: Managing Data Protection Risk Code of Practice” (the “Code”). The purpose of the Code is to provide organizations with a framework for assessing the risks of...

 

HTMLALJ Pender Grants Motion To Terminate Investigation In Certain Computing Devices With Associated Instruction Sets And Software (337-TA-812)
John F. Presper, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
December 7, 2012, previously published on December 5, 2012
On November 30, 2012, ALJ Thomas B. Pender issued Order No. 18 in Certain Computing Devices With Associated Instruction Sets and Software (Inv. No. 337-TA-812).

 

HTMLALJ Shaw Grants Motion To Terminate Investigation In Certain Video Analytics Software (337-TA-852)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
December 3, 2012, previously published on December 3, 2012
On November 27, 2012, ALJ David P. Shaw issued Order No. 7 in Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-852).

 

HTMLLarge Enterprise Software Projects: ERP Success ASAP
Duncan C. Card; Bennett Jones LLP;
Legal Alert/Article
November 26, 2012, previously published on November 26, 2012
Increasingly, corporations are striving to improve the efficiency of their business processes, the quality of their back-office administration, the automation of frequently occurring commercial operations, and to improve their ability to capture and report key business information.

 


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