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Program Description

When Good Software Licenses Go Bad

$130.00

**Archived


Provided By: Law Journal Seminars

Approved for CLE credit in: AK,AZ,CA,ID,ME,MO,ND,NJ,NY,WV

In today's technology environment, licensed content and software are often an integral part of a company's marketing and business plans. Many of these license agreements have been tenaciously negotiated. Yet licensor and licensee often interpret the same license clause in dramatically different ways.

Licensees cannot withstand having a license terminated because of the lead-time needed to substitute another product. Conversely, licensors are under pressure by their shareholders to maximize revenues and ensure that licensees are in full compliance with the license scope.

In this program, expert practitioners with years of experience doing licensing deals discuss:

  • Licensing issues that lead to disputes
  • How a licensing dispute can be constructively and proactively handled
  • License termination when the issues cannot be readily resolved

The panelists will discuss contract language, the use of audits, breach of contract claims, planning for termination, and other critical issues. The webinar will conclude with a Q & A.

This program was recorded on April 5th 2011.


Agenda

Agenda:

I. License Issues Leading to Disputes (40 minutes)
A. Grant of rights- What is the scope?
B. Right to sublicense
C. Third-party access
D. Ambiguous clauses
E. Royalties
F. Access to source code
G. Delay in enforcing rights

II. How a Licensing Dispute Is Constructively and Proactively Handled (35 minutes)
A. Identifying the issues
B. Negotiation
C. Mediation
D. Data rights and data migration
E. How are audits conducted and monitored?

III. License termination – where an amicable resolution is not in the near future (35 minutes)
A. License Termination
B. Claims for Breach
C.Contract Claims:
  • Infringement claims
  • Declaratory judgment
  • Preliminary injuction
  • Claims for damages
D.Planning for termination (e.g. use of the cloud, transition assistance)

IV. Q&A (10 minutes)

This program was recorded on April 5th 2011.


CLE Credit Information

Click on the state abbreviation to find the CLE Credit Information for your state.



This program is has been approved for credit in AK,AZ,CA,ID,ME,MO,ND,NJ,NY,WV



Experienced attorneys only (non-transitional)

Similar Programs

No related programs information available.


Panelist Biographies

ChristineTramontano

Associate
Holland & Knight

Christine Tramontano is an associate in the Litigation Practice Group of Holland & Knight's New York office. Ms. Tramontano handles civil litigation in state and federal courts and has represented companies, including foreign and domestic air carriers, in claims involving breach of contract, discrimination, violations of consumer protection laws, wrongful death, product liability, and personal injury. She has handled claims involving unfair competition, misappropriation of trade secrets, and false advertising and trademark infringement claims under the Lanham Act.

Ms. Tramontano also has experience in representing companies and individuals involved in investigations conducted by the federal grand jury, the New York State Attorney General's Office, and the United States Commerce Department's Bureau of Industry and Security concerning, inter alia, tax fraud, Medicaid fraud, and export and anti-trust violations.

Prior to attending law school, Ms. Tramontano worked in the recording industry as an audio engineer with Grammy Award Winning recording artists and producers, as well as the recording industry's major record companies.

While attending law school, Ms. Tramontano served as Executive Articles Editor for the New York Law School Law Review. In addition, she was a John Marshall Harlan Scholar affiliated with the Justice Action Center and received the Justice Action Center's Most Innovative Capstone Award.


Francesca Morris

Partner
Holland & Knight

Francesca Morris practices in the New York Litigation Practice Group. Ms. Morris advises and represents foreign and domestic companies and financial institutions in complex commercial
disputes related to breaches of contract, business torts, defamation, copyright and trademark infringement and licensing disputes. In addition, Ms. Morris routinely negotiates and drafts
domestic and international licensing and software as a service agreements. Ms. Morris has experience in jury and non-jury trials and appeals in federal and state courts. A substantial part of
Ms. Morris's practice relates to international business disputes. Ms. Morris has represented secured lenders and creditors in highly contested bankruptcies under Chapter 11 and Chapter 15.

In the transportation context, Ms. Morris has represents clients in a variety of maritime matters, including collision litigation, limitation of liability actions, cargo claims, arrests and attachments of assets and in maritime lien disputes. Ms. Morris' practice also includes review and drafting of charter parties and other transportation service agreements. She has appeared pro bono representing victims of domestic violence in obtaining orders of
protection and in marital and family law matters, such as custody, visitation and child support disputes and divorce. In December 2003, Ms. Morris was awarded the John K. Geiger Award for
commitment to justice by the not-for-profit group inMotion, Inc. for her pro bono work. Ms. Morris is a member of the New York Office Diversity Committee.


RichardRaysman

Partner
Holland & Knight LLP

Richard Raysman concentrates on computer law, outsourcing, complex technology transactions, and intellectual property issues. He has significant experience in structuring technology transactions, and his information technology background and understanding of the law have made him uniquely qualified to represent clients for technology issues. Mr. Raysman has been selected by Chambers as one of America's leading outsourcing lawyers. He has also been named by "Super Lawyers" as a top practitioner. He has litigated reported cases for the New York state and federal courts. Prior to practicing law, Mr. Raysman was a Systems Engineer for IBM Corporation for six years. Mr. Raysman writes a monthly column on Technology Law for the New York Law Journal.


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Pricing Information

When Good Software Licenses Go Bad

$130.00

**Archived


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