Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in court. Do you? Online platform use has increased quickly, and companies have tried…
Sourcing Speak
Consumer Group Asks FTC to Adopt EU’s Right to be Forgotten
Last year we wrote about the EU’s adoption of an individual’s “right to be forgotten”, which gives Europeans the right to require search engines to remove information about them from search results for their own names, if the information is inaccurate, inadequate, irrelevant or excessive. We also wrote that neither…
Pillsbury sponsors UK’s National Outsourcing Association Symposium 2015
On 24 June, the UK’s National Outsourcing Association hosted its annual symposium in London. This is one of the best attended and most prestigious sourcing industry events in the UK, and is well attended by suppliers, customers and advisors. Pillsbury sponsored this year’s event, and hosted a breakout session on…
Cloud Computing: Not Always the Low Cost Alternative
There is no doubt cloud computing has delivered multiple benefits to the IT organization. However, without proper management and controls, these benefits could become a non-trivial expense to the organization. In a Wall Street Journal article earlier this year The Hidden Waste and Expense of Cloud Computing, Clint Boulton outlines…
Client Alert: Proposed Change to Export Controls Would Allow Use of the Cloud for Encrypted Data
On June 3, 2015 the State Department’s Directorate of Defense Trade Controls (DDTC) and the Commerce Department’s Bureau of Industry and Security (BIS) published proposed regulations which would change the definition of the term “export” in each agency’s regulations to allow cloud storage of information in servers located in foreign…
SaaS: Key Pricing Considerations (Part 2)
This is the second of two postings that discuss SaaS pricing. In the earlier posting, we discussed the underlying economics of SaaS solutions and their implications for how SaaS services are priced. This posting identifies some key considerations in negotiating pricing for SaaS services that can help lower total subscription…
SaaS: Key Pricing Considerations (Part 1)
Software as a Service (SaaS) is growing rapidly as an alternative to licensing on-premises software for corporate customers. As reported by Forbes earlier this year, analysts are forecasting that global SaaS revenues will reach $10.6B in 2016, representing a 21% increase over projected 2015 spending levels. By 2018, 27.8% of…
Client Alert: Don’t Wait Until It’s Too Late: Top 10 Recommendations for Negotiating Your Cyber Insurance Policy
As more and more companies of all sizes ranging across a wide spectrum of industries have been exposed to network and data security breaches in recent years, the market for insurance products dedicated to cover cyber risks has grown just as fast. With policies sold under names like “cyberinsurance,” “privacy…
Four Things You Should Know About New York’s Recent Advisory Opinion on the Taxation of SaaS
By Richard E. Nielsen On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax. The Advisory Opinion is noteworthy because of the Department’s position…
Contracting with foreign entities and electronic signature under English Law: Getting the execution right
You’ve managed to agree the deal; all that’s left is to sign the documents. That’s the easy bit, correct? So you might think, but it is important to be careful not to slip up at this final stage, particularly when contracting with foreign entities and considering using electronic signatures. Which…