Scott & Scott, LLP has a dedicated practice group focusing on defending companies accused of software license violations by Microsoft. Below are some of the cases our firm has been involved with.
Represented Washington state-based managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included identification and evaluation of appropriate alternatives to audit materials requested by auditors, as well as application of changing license metrics for Windows Server and the implications of those changes to the client's audit-related financial exposure. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.
Represented North Carolina-based managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included identification and evaluation of appropriate alternatives to audit materials requested by auditors, challenges to the auditors' historical usage-extrapolation methodologies (including consideration of historical over-reporting) and application of customer-supplied licenses to support Microsoft product usage in physically dedicated environments. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.
Defended Louisiana-based managed services and cloud provider against over-reaching audit findings and settlement demands in a Microsoft SPLA audit matter. Principal issues addressed included identification and application of appropriate license metrics to SQL Server installations, and exclusion of historical usage calculations for virtualization hosts that previously were physically dedicated to particular end users. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.
Represented Pennsylvania-based managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included identification and evaluation of appropriate alternatives to audit materials requested by auditors, application of Active Directory security groups to control usage of SAL-licensed products, identification and exclusion of products not reportable under SPLA, and the client's requirement for an extended settlement-payment period. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.
Defended Michigan-based managed services and cloud provider against over-reaching audit findings and settlement demands in a Microsoft SPLA audit matter. Principal issues addressed included challenges to the auditors' historical usage-extrapolation methodologies, and application of reduced-cost academic pricing to usage associated with qualified educational end users. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.
Defended Ontario-based, global provider online software solutions against over-reaching audit findings and settlement demands in a Microsoft volume licensing audit matter. Principal issues addressed included identification of passive software deployments not requiring incremental licenses, correction to erroneous licensed user counts, application of licenses acquired through Microsoft Partner benefits, and exclusion of decommissioned and unintentional product deployments. Assisted the client with evaluation of its effective license position and options for more appropriate audit-settlement terms.
Represented North Carolina-based, medical billing services provider in a Microsoft volume-licensing audit. Assisted the client in engaging with third-party auditors hired by Microsoft, gathering, reviewing and transmitting relevant information requested by the auditors, reviewing and vetting draft audit findings, and negotiating an acceptable resolution with Microsoft. Principal issues addressed included internal analysis of audit materials prior to submission to auditors, the auditors' failure to recognize non-functional product installations, Microsoft's pursuit of reimbursement for audit costs to which it was not entitled, and careful review of Microsoft's proposed settlement terms.
Represented southeastern hospital group in its Microsoft SAM engagement and discovered a number of license compliance gaps during the process. Prepared an effective license position and made recommendations to remediate the group’s software licensing gaps and streamline its network to maximize its licenses and reduce costs. Interfaced with Microsoft during the engagement to avoid escalation and resolve the matter by placing a True-Up order to remediate gaps.
Represented Italian managed services and cloud provider regarding Microsoft licensing requirements and responses to audit findings and information requests in a SPLA audit matter. Principal issues addressed included customer-licensed deployments in a multi-tenant hosting environment and the client's lack of administrative access to those resources, as well as compliance calculations that did not recognize credit for over-reporting. Assisted the client with calculation of its effective license position and options for more appropriate audit-settlement terms.
Defended managed services provider in connection with Microsoft SPLA audit Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Principal issues addressed included customer-licensed deployments in physically dedicated hosting environments and inadvertent, historical over-reporting of Exchange SALs. Consulted with the client regarding Microsoft licensing requirements. Assisted the client to evaluate its Microsoft license position, and negotiated more appropriate audit-settlement terms with Microsoft.
Defended infrastructure-as-service provider in connection with a Microsoft SPLA audit. Issues addressed included the auditors' finding regarding historical usage of SQL Server in a virtualization environment that erroneously was assumed to include high-availability functionality. Assisted the client to evaluate its Microsoft license position, and negotiated more appropriate audit-settlement terms with Microsoft.
Defended Healthcare solutions provider in connection with Microsoft SPLA audit. Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Issues addressed included deployments of Microsoft products on machines licensed for internal, development and testing usage (that therefore should not be counted for SPLA licensing), as well as deployments on customer-facing machines that nevertheless did not constitute a commercial-hosting use case. Consulted with the client regarding Microsoft licensing requirements. Assisted the client to evaluate its Microsoft license position, and negotiated more appropriate audit-settlement terms with Microsoft.
Advised US-based healthcare payment network on gathering audit data and responding to information requests from Microsoft’s auditors. Evaluated and objected to auditor’s SPLA-audit findings. Principal issue pertained to SQL Server deployments used in a passive-failover use case for which the auditors detected concurrent usage during data collection. Consulted with the client regarding other server-based Microsoft licensing requirements. Assisted the client in evaluating its Microsoft license position, and negotiated favorable audit-settlement terms with Microsoft.
Assisted managed services and hosting provider in a Microsoft SPLA audit conducted by Deloitte. Evaluated and worked with client to correct and amend Deloitte’s SPLA-audit findings. Assisted client in evaluating its Microsoft effective license position (ELP) and options for more appropriate audit-settlement terms.
Consulted Canadian hosting provider regarding Microsoft licensing requirements and responses to preliminary audit findings and information requests in a SPLA audit matter.
Assisted Fort Worth medical services provider in evaluating a response to Microsoft’s license-compliance findings and options for more appropriate audit-settlement terms.
Assisted application hosting services provider based in Memphis in responding to Deloitte’s SPLA-audit-information requests and follow-up questions. Deloitte issued audit findings with zero exposure and Microsoft closed the review.
Worked with financial software hosting provider to gather audit data and to respond to information requests from Microsoft’s auditors. Evaluated and worked to correct & amend the auditor’s SPLA-audit findings. Assisted the client in evaluating its Microsoft license position and options for more appropriate audit-settlement terms.
Defended southeast e-mail hosting company in a Microsoft SPLA certified self-audit.
Defended Dallas-area video game studio in a Microsoft certified self-audit.
Defended nationwide hosting services provider in a Microsoft SPLA audit.
Defended international hosted IT infrastructure firm in a Microsoft SPLA audit.
Assisted digital forensics and e-discovery firm with a Microsoft self-audit.
Defended data management and analytics firm in a Microsoft SPLA audit that resulted in no licensing shortfalls or compliance penalties.
Defended home healthcare provider in a Microsoft audit involving heavily contested findings related to Microsoft Office component deployments.
Defended ambulatory care services company in a Microsoft SPLA audit.
Represented health care software vendor in Microsoft audit. Matter resolved confidentially.
Engaged by global email security and compliance company in a Microsoft SPLA compliance audit. Microsoft was represented by their auditors Ernst & Young.
Defended California IT managed services company in a Microsoft SPLA audit.
Defended global semiconductor manufacturer in multiple volume-licensing audits initiated by Microsoft.
Represented Pennsylvania based broadcasting corporation in a Microsoft SAM engagement.
Defended business applications firm for automobile dealerships and finance companies in a Microsoft SPLA audit involving heavily contested findings related to Windows Remote Desktop Services usage.
Represented regional hospital chain in a Microsoft SAM engagement resulting in a true-up purchase with no compliance penalty and a release of all compliance claims.
Assisted northwestern energy company with a Microsoft-funded licensing true-up review and negotiations to resolve compliance concerns.
Defended SaaS solutions firm both in a Microsoft SPLA audit and in a separate volume-licensing audit affecting other hosted solutions.
Assisted east coast IT services firm with Microsoft SPLA audit.
Defended business solutions firm in a Microsoft SPLA certified self-audit.
Defended Minnesota IT services firm in a Microsoft SPLA audit that resulted in no licensing shortfalls or compliance penalties.
Assisted medical IT services firm with a Microsoft SPLA audit.
Defended New Hampshire IT services firm in a Microsoft SPLA audit involving heavily contested findings related to Windows Remote Desktop Services usage.
Defended Midwestern hosting services firm in a Microsoft SPLA audit involving heavily contested findings related to SharePoint usage.
Defended dental financial services company in a Microsoft audit involving heavily contested findings related to Office usage, and assisted the company with a complex license transfer.
Assisted Midwestern data center solutions provider with Microsoft SPLA audit.
Assisted west coast IT services firm with Microsoft SPLA audit.
Represented purchaser of hospital chain in connection with Microsoft licensing following closing of divestiture transaction. Assisted client with negotiating perpetual license transfer forms from seller and new Enterprise Agreement with Microsoft. Client saved approximately seven million dollars off Microsoft’s original licensing demand.
Represented global business services, document management and workflow solutions provider in connection with renegotiating its 36 million dollar Microsoft Enterprise Agreement to accommodate the divestiture of a substantial business unit. Negotiations included transition services license grant, the right to allocate licenses between entities post-closing, and legal responsibility for data privacy and security risks associated with online services including 365 and Azure.
Represented a world-leading provider of information and analytics for professional and business in connection with renewal of its almost 40 million dollar Microsoft Enterprise agreement. Negotiations included custom amendments related to 365 and Azure with emphasis on risk balancing, limitations of liability, price protection, and legal responsibility for data privacy and security.
Advised global private club management company regarding Microsoft EA negotiations.
Assisted leading non-profit Texas hospital chain with negotiations to resolve contested findings in a Microsoft-funded licensing true-up review and to negotiate custom amendments to Microsoft volume license agreements following a pivotal corporate merger.
Renegotiated Microsoft Enterprise Agreement for leading oilfield services provider.
Assisted IT consulting and support services firm to formulate an appropriate strategy for licensing Microsoft software in a hosting environment.
Represented New York area hospital system in an audit conducted by Microsoft resulting in an out of court settlement and compliance savings of over $1,000,000.
Defended fortune 500 IT Services company in Microsoft audit resulting in a new $34,000,000 Microsoft Enterprise Agreement enrollment including a release of all compliance claims.
Advised global professional services company regarding Microsoft licensing under both SPLA and volume-licensing agreements, and assisted company in negotiating custom amendments to achieve global licensing objectives.
Consulted with client regarding various Microsoft SPLA licensing rules and best practices. Assisted client to gather and review software deployment data and to prepare an evaluation of the client’s SPLA licensing position.
Consulted with client regarding various Microsoft SPLA licensing rules and best practices. Assisted client to gather and review software deployment data and to prepare an evaluation of the client’s SPLA licensing position. Advised client regarding negotiations with Microsoft related to SPLA contract amendments and also related to exposure from historical usage of software in commercial hosting operations.
Advised communication services developer regarding Microsoft licensing requirements related to a hosted telephony solution.
Assisted financial news giant with global Microsoft licensing health check involving over 50,000 computers.
Advised global travel technology company with Microsoft Enterprise Agreement true-up obligations.
Assisted IT consulting and support services firm in the preparation of customer agreements to accommodate hosted solutions supported by Microsoft SPLA licensing.
Assisted IT infrastructure solutions firm with strategies to ensure compliance with Microsoft SPLA licensing and in preparing customer agreements to accommodate hosted solutions supported by SPLA.
Advised mortgage lending company regarding Microsoft licensing.
Advised companies regarding Microsoft SPLA licensing requirements in connection with Microsoft audit dispute.
Advised global enterprise with more than 4,000 computers in connection with Microsoft audit related to true-up and affiliate enrollment provisions of Microsoft Enterprise Agreement.
Assisted global IT security firm in formulating a strategy for licensing Microsoft software on network-security appliances and in avoiding an audit initiated by Microsoft.
Defended Pennsylvania cloud services firm in a Microsoft SPLA audit, and also advised the firm related to prospective SPLA compliance and customer-facing agreements.
Advised business consulting firm regarding Microsoft licensing.
Advised network and communications equipment provider regarding Microsoft licensing.
Assisted east coast IT services firm with its Microsoft SPLA licensing.
Assisted regulatory document management firm with Microsoft SPLA licensing.
Assisted global marketing firm with Microsoft licensing.
Assisted digital marketing services firm with Microsoft licensing.
Assisted global business advisory firm with Microsoft SPLA licensing.
Advised perishable distributor software developer regarding Microsoft licensing.
Defended medical practice management firm in a BSA matter involving primarily Microsoft and Adobe software. BSA was represented by Venable LLP. Because BSA’s initial demand was rife with inaccuracies, supplemental audit materials and corrections were submitted to BSA. The matter resolved confidentially for significantly less than BSA’s original demand.
Represented packing machinery manufacturer in a BSA audit. Conducted an audit of the client’s network in response to a BSA audit letter from Warner Law Group. At issue were the alleged number of unlicensed installations of Microsoft Windows and Office. Reviewed and analyzed entitlement information and submitted audit results to the BSA. Received a demand of less than $8,000 and negotiated a resolution without penalty contingent on execution of compliance certificate.
Small sports promotional company was targeted by the BSA specifically for Adobe Creative Suite, Microsoft Office Enterprise, and Microsoft Windows. Scott & Scott conducted an audit. Client was unable to locate a license for a very small number of Adobe Creative Suite and Microsoft Office products. The BSA failed to properly apply licenses for Microsoft Office and Adobe Suites, and after extended negotiation, the BSA ultimately accepted a large part of the entitlement information provided. Scott & Scott negotiated a confidential resolution.
Payment card industry security solutions firm hired Scott & Scott, LLP to defend a Business Software Alliance audit centered on Microsoft products. After months of negotiations the BSA agreed to a significantly reduced settlement demand. Klemchuk Kubasta represented the BSA.
Freight logistics firm selected Scott & Scott, LLP to defend a Business Software Alliance audit. Negotiations centered on the number of alleged unlicensed installations of Microsoft Office products. Weir Johnson represented the BSA. The matter settled for far less than the opening settlement demand.
Defended full service construction company against allegations of copyright infringement made by Troutman Sanders on behalf of the Business Software Alliance. Negotiations centered on the number of alleged unlicensed installations of different Autodesk and Microsoft products. The case was settled out-of-court for significantly less than the BSA’s initial settlement demand.
Represented Ohio technical services firm in a software audit initiated by the Business Software Alliance. BSA, represented by Troutman Sanders, alleged there were unlicensed installations of Microsoft Office products. Within three months the matter was settled for considerably less than the BSA’s opening demand.
Represented Canadian printing firm in a software audit requested by the Business Software Alliance. Smart & Biggar represented the BSA. At issue were the alleged number of unlicensed intallations of Autodesk, Adobe and Microsoft products. The case settled out-of-court for 40% of the BSA’s original settlement demand.
Defended California based aerospace manufacturing specialist against allegations of copyright infringement by the Business Software Alliance. The BSA, represented by Royer, Cooper, Cohen, Braunfeld, LLC, alleged there were unlicensed installations of Mastercam and Microsoft Office. After five months of negotiations, the cased settled for a great deal less than the BSA’s opening settlement demand.
Represented large California answering service in an audit requested by the Business Software Alliance. After a year of negotiations around the alleged number of unlicensed installations of Adobe, Microsoft and Symantec products, the case settled for a mere 12% of the BSA’s opening settlement demand. The BSA was represented by Klemchuk Kubasta LLP.
Defended international freight shipping company against allegations of copyright infringement. The Business Software Alliance, represented by Troutman Sanders, alleged there were unlicensed copies of Microsoft Office installed. After six months of negotiations, the case settled for considerable savings over the BSA’s original settlement demand.
Represented New York intellectual property law firm in a Business Software Alliance Audit. Royer, Cooper, Cohen, Braunfeld, LLC represented the BSA. The case settled out-of-court after four months of negotiations which centered on the number of alleged unlicensed installations of software by publisher’s such as Adobe, Microsoft and Symantec. The final settlement amount was considerably less than the BSA’s original settlement demand.
Defended Midwestern call evaluation services firm in a Business Software Alliance audit. FDK Law represented the BSA. After just two months of negotiations the case settled at a significant reduction of the software organization’s opening settlement demand. Adobe and Microsoft products made up the majority of the software installations called into question.
Defended audio and visual staging company against allegations of copyright infringement by the Business Software Alliance. The BSA, represented by Higer, Lichter & Givner, alleged there were numerous copies of unlicensed Adobe, Microsoft, and Symantec software products. After almost two years the case settled for far less than the BSA’s original settlement demand.
Represented turboexpander design and manufacturing company against allegations of copyright infringement by the Business Software Alliance. FDK Law represented the BSA. Within a year the case settled for a considerable savings over the BSA’s original settlement demand which had been based on the alleged number of unlicensed software products by publishers such as Adobe, Microsoft and Symantec.
Defended electric power equipment provider against allegations of copyright infringement by the Business Software Alliance. The BSA, represented by FDK Law, alleged there were numerous unlicensed copies of various Adobe and Microsoft Office products. The case settled for considerable savings over the BSA’s original settlement demand.
Defended media and broadcast software company against allegations of copyright infringement by the Business Software Alliance who alleged there were numerous unlicensed copies of various Adobe and Microsoft products. Troutman Sanders represented the BSA. The case was settled for a great deal less than the BSA’s original settlement demand.
Represented a Florida physician’s office in an software audit requested by the Business Software Alliance. Higer, Lichter & Givner represented the BSA. After three months of negotiations centered on the alleged number of unlicensed Microsoft Office products, the case settled for considerably less than the BSA’s original settlement demand.
Represented anodic coding business in a software audit initiated by the Business Software Alliance. Troutman Sanders represented the BSA who alleged that unlicensed copies of Adobe and Microsoft products were in use. After three months of negotiations, the case closed for significantly less than the BSA’s original settlement demand.
Defended Oklahoma based GPS tracking company against allegations of copyright infringement by the Business Software Alliance. Troutman Sanders represented the BSA who alleged there were unlicensed copies of Microsoft Office products in use. In four months the case settled for considerably less than the BSA’s original settlement demand.
Represented Illinois software development company in a software audit conducted by the Business Software Alliance. The BSA was represented by Royer Cooper Cohen Braunfeld. After two months of negotiations centered on the alleged number of unlicensed Microsoft Office products, the case was settled for far less than the BSA’s original settlement demand.
More Services
Scott & Scott, LLP’s attorneys and technology professionals have extensive experience solving business and legal issues related to software. Whether you are faced with a software audit, struggling with software license compliance, or engaging in software licensing transactions, Scott & Scott can help.
Chosen by some of the world’s largest corporations and industry leaders, Scott & Scott's litigators consistently provide clients aggressive representation in intellectual property, commercial, and insurance defense cases in trial and appellate courts. We have extensive experience creating successful litigation strategies tailored to your unique business needs and apply those strategies in a way that is designed to produce a favorable outcome in an efficient manner.
Scott & Scott’s intellectual property attorneys have significant experience registering, licensing, and enforcing copyrights and trademarks globally. Our combination of litigation experience and technology expertise enables us to deal with complex intellectual property issues involving software products, digital media, designs, and emerging media like social networking, blogs, and virtual communities.
Scott & Scott, LLP works with companies to solve complex issues that arise in corporate transactions. Scott & Scott’s lawyers negotiate and memorialize the terms in a variety of transactions, including software and intellectual property licensing, managed services, employment and consulting, stock purchases, outsourcing, financing, and supply agreements. Our attorneys are an integral part of our clients’ transactions. We are focused on providing value and ensuring that our clients achieve their business objectives. We have experience working with energy companies, financial institutions, technology companies, managed services providers, health care providers, manufacturers, and design firms to finalize transactions.
Most businesses, regardless of size, have to be aware of state and federal laws regarding security and privacy. Knowledge of the law is especially important when a company is experiencing a security incident. Scott & Scott, LLP’s incident response team is ready to respond to a data breach affecting a client’s data. Scott & Scott’s attorneys, who are regularly called upon by their peers to speak about privacy laws and security concerns, can also help develop privacy policies that comply with the law and guide employees in the event of a security incident.