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HTMLA Practical Guide to Software License Agreements: IP Infringement Indemnity and Remedies
Borden Ladner Gervais LLP;
Legal Alert/Article
September 13, 2013, previously published on September 11, 2013
Software license agreements often include a provision — known as an “IP infringement indemnity” — that requires the software vendor to provide the customer with limited protection and special remedies if a third party claims that the customer’s use of licensed software...

 

HTMLPirating and Using Software without A Licence: The BSA | The Software Alliance Case
Bruno Verdon; Lavery, de Billy, L.L.P.;
Legal Alert/Article
September 12, 2013, previously published on September 2013
The claims of the BSA | the Software Alliance (the “BSA”) against Quebec and Canadian businesses seem to be increasingly frequent.

 

HTMLMassachusetts: New Tax on Computer and Software Services Sparks Battle, Confusion
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
Legal Alert/Article
September 10, 2013, previously published on September 5, 2013
Industry leaders are seeking to override H.B. 3535, the Transportation Finance Bill, which made various computer and software services subject to sales tax. Additionally, guidance provided by the Massachusetts Department of Revenue (the “Department”) and the volume of industry...

 

HTMLA Practical Guide to Software License Agreements: General Indemnities
Borden Ladner Gervais LLP;
Legal Alert/Article
September 2, 2013, previously published on September 3, 2013
Software license agreements often include a provision — known as a general indemnity — that requires a party (usually the customer, but sometimes also the software vendor) to protect the other party against certain kinds of third party claims and liabilities. Customers should understand...

 

HTMLNo CPSC Enforcement Can be Admissible Evidence in a Products Liability Case
Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 30, 2013, previously published on August 24, 2013
The role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin. Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a design, manufacturing or failure...

 

HTMLDigital Advertising Alliance Releases Guidance For Mobile Data Collection Practices
Barry M. Benjamin, Jeremy A. Schachter; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
August 13, 2013, previously published on August 9, 2013
The Digital Advertising Alliance (the “DAA”) recently released guidance on the application of the DAA’s self-regulatory principles for online behavioral advertising (the “ Self-Regulatory Principles ”) to the mobile marketing environment, specifically mobile data...

 

HTMLMassachusetts Enacts Sales Tax on Computer and Software Services
Christopher M. Flanagan, Karl P. Fryzel, Rebecca Melaas, Nicholas V. Romanos; Edwards Wildman Palmer LLP;
Legal Alert/Article
August 9, 2013, previously published on August 2013
On July 24, 2013, the Massachusetts legislature overrode Governor Deval Patrick’s veto to enact a transportation finance bill (H. 3535) which significantly changes the application of the sales tax to the computer service industry in Massachusetts. Prior to the new legislation, the sale of...

 

HTMLComputer System Design and Software Modification Services Now Subject to the Massachusetts 6.25% Sales and Use Tax
Nicola Lemay, Sharon C. Lincoln, Earl W. Mellott; Foley Hoag LLP;
Legal Alert/Article
August 2, 2013, previously published on August 1, 2013
Effective as of July 31, 2013, the Massachusetts 6.25% sales and use tax has been expanded to apply to certain types of computer system design and software modification services (“Computer/Software Services”).

 

HTMLVersion 1.4 of the Florida House of Representatives' Mobile App Now Available
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 26, 2013, previously published on July 24, 2013
Available as of July 23, 2013, mobile device users are encouraged to download version 1.4 of FL House, the official mobile app of the Florida House of Representatives. The new version includes improved search functionality throughout the app, the opportunity to provide feedback, share bills via...

 

HTMLInformation Governance (IG) Programs
Monica McCarroll, Stephen G. Test; Williams Mullen;
Legal Alert/Article
July 16, 2013, previously published on July 12, 2013
As every contractor knows, the volume of Electronically Stored Information and Data (ESI) generated by a typical construction project has exploded. Yet many contractors have a hodgepodge of systems and practices regarding data management. In addition to the standard office products such as...

 


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