In the early days of outsourcing IT as a managed service, it was not at all unusual for a managed services price to be all inclusive of assets, services and facilities. That bundle of services and assets usually came with a “black box” style pricing that was devoid of transparency…
We previously reported on the Massachusetts computer services tax that became effective on July 31st after the legislature overturned Governor Deval Patrick’s veto of An Act Relative to Transportation Finance. Facing strong opposition from the state’s technology sector the Massachusetts legislature retroactively repealed the tax by passing An Act Repealing…
Customers increasingly are taking advantage of Software as a Service (SAAS) and other cloud-based solutions available in the marketplace. There are of course many legal and commercial issues that customers should consider when evaluating contracts provided by suppliers of these solutions. This post focuses specifically on issues arising when SAAS…
Google has figured out that I shop for a lot of children’s clothing online, as my two children grow like weeds. Every time I launch a search, my banner ads link to brands that I have bought previously or similar brands that other consumers may have purchased. That is Big…
Most outsourcing contracts that I see contain a step-in right for the customer. Generally, a step-in right allows the customer to take over the outsourced operations if the supplier cannot or does not perform, and then “step out” when the supplier demonstrates that it will meet its contractual obligations. How…
Let’s quickly revisit the scenario we’ve been following through our first two installments. That is, you are a CIO faced with a decision on whether or not to enter into an “enterprise” or an “unlimited” license arrangement with a major software publisher. With the first installment, we explored the scope…
We recently posted a three-part series on BYOD issues in this blog. A primary theme was the inherent tension between employer control and employee privacy in a BYOD environment. In a recently reported case out of the Northern District of Ohio (Lazette v. Kulmatycki), the courts had an opportunity to…
This article was originally published in the July 22, 2013 issue of Texas Lawyer. The constant threat of cyberattacks presents many and varying challenges for businesses. Insurance provides one way to deal with them. Because the market for insurance covering these risks and the law interpreting these policies both continue…
On July 24th, 2013 the Massachusetts legislature passed An Act Relative to Transportation Finance (“the Act”), which, among other things, makes “computer system design services and the modification, integration, enhancement, installation or configuration of standardized software” taxable services under the Massachusetts sales and use taxes. Under the Act, “Computer system…
Jim Gatto and James Chang recently published “Mobile Privacy Practices: Recent California developments indicate what’s to come” in the June issue of Computer Law Review International. The use of mobile applications has seen huge growth in the past few years. As the use of apps become increasingly commonplace, social concerns…