Software Litigation

There are some great  lessons here regarding SaaS confidentiality agreements (aka NDAs). Background: A startup SaaS company disclosed its confidential consumer electronic buyback program information when trying to win the business from a ‘prospective customer’ = Best Buy. Best Buy gave all the right buying signals and Techforward went even further and disclosed its trade secrets (internal […]

  Tell Your Customer to Backup Their Data (so Says the Utah Supreme Court) The Utah Supreme Court ruled in June 2012, that when a software vendor is sued for its software’s destruction of customer data, it really matters whether the software vendor told the customer to backup its data or not. Ok, let me […]

2 Takeways From the CarrierIQ Situation, from a SaaS Attorney Ok this CarrierIQ situation is really crazy, but there are some things (from a SaaS Attorney’s perspective) that every software or SaaS company should think about. 1) Who is really at fault here: CarrierIQ or the carriers? While this is a complex question (and as […]

The answer is, yes. A very recent case ruled that the parties conversation on only IM changed the contract, even though there was nothing actually signed to reflect the change (as a software licensing lawyer, I am always looking for cases like this for you). Does this sound like a crazy result? Actually not, so […]

3 Things You Must Learn From a Survey of 358 Trade Secret Cases A recent survey of over Statistical Analysis of Trade Secret Litigation in State Courts (from 1995-2009) has some great nuggets for every software or SAAS company looking to protect its SAAS trade secrets and software trade secrets (something you should be doing, […]

I have been tracking this case (Starwood vs. Hilton Hotels), as it has some really practical things to remember for every software or SAAS company regarding protecting their confidential and trade secret information (especially when some of your employees go to a competitor). As it was settled in December 2010, I can now (from the […]