Scott & Scott, LLP offers a broad range of services for businesses of all sizes. We offer services not only to companies that are already targeted by BSA | The Software Alliance but also to organizations that fear an investigation is imminent.

Compliance services include an in-depth review of the deployment and entitlement information relevant to proactive compliance initiatives and counsel on what the appropriate policies and procedures are necessary to ensure compliance and minimize exposure.

Regardless of whether a company’s compliance project is related to an outside audit, our privileged audits are protected by the attorney-client privilege.  If BSA sends a company an audit letter, our audit representation services include gathering the required information to demonstrate compliance, formulating an appropriate response to BSA | The Software Alliance, and working to negotiate a favorable resolution to the dispute.

Many of our clients engage us for managed compliance services after an audit is complete to develop ongoing software asset management programs.  We regularly evaluate organizations’ level of ongoing compliance so that companies can satisfy their ongoing licensing obligations and remain in compliance with the terms of their settlement agreements.

Compliance Services

Failure to adhere to the terms of software licenses can have serious financial implications. In addition to potential breach of contract claims, software publishers can pursue claims of Copyright infringement. Companies are often financially crippled due to the unexpected penalties and defense costs associated with responding to an audit or defending against allegations of infringement. These companies also face negative publicity and expend significant resources to respond to the auditors or publishers. Every company has an obligation to avoid potential material off-balance-sheet liabilities and regularly evaluate compliance with software licenses. In most businesses, this means adopting new corporate policies, placing tighter restrictions on desktop users, and instituting best practices for documenting software purchases. If you want to avoid the cost and risk of an unsuccessful audit, the time to achieve compliance is now. The lawyers at Scott & Scott, LLP have extensive experience fighting BSA | The Software Alliance. Leverage that experience to ensure that your business does not become the next BSA target.

Privileged Audits

When our clients are facing a BSA audit or when they decide to conduct a proactive compliance assessment, Scott & Scott, LLP can carefully conduct a complete audit of the IT infrastructure. We are able to use our specially designed BSA Auditor™ to determine what software is installed on a client's network, filter out any software produced by non-BSA members, and prepare a detailed report that is fully protected by the attorney-client and attorney-work product privileges. Our BSA Auditor™ software was designed exclusively for businesses who were trying to evaluate their current level of compliance or defend BSA audits.  BSA Auditor™ runs remotely in a client's environment, capturing the audit data with no disruption to day-to-day operations. To help ensure maintain the attorney-client privilege, no data resides on the client’s network and all reporting is done by Scott & Scott, LLP.  Because we have spent years developing a database of relevant titles, BSA Auditor™ is able to quickly eliminate the need to examine all software products. Finally, only BSA Auditor™ integrates with our BSA fine calculator to estimate your potential exposure in a BSA | The Software Alliance audit. When dealing with issues potentially damaging to your business’ financial interest, confidentiality and relevant data are of paramount importance. To learn more about BSA Auditor™ contact us now.

Audit Representation

BSA audits can be intimidating and can result in significant financial penalties and loss of productivity to an organization. Because the risks of noncompliance are so high, a company that has been contacted by BSA | The Software Alliance should contact experienced counsel to protect the business. Many companies commit common mistakes like providing information that is outside the scope of BSA's request, failing to understand and properly provide the requested information, or failing to secure an appropriate confidentiality agreement before producing audit materials. Scott & Scott, LLP has a dedicated practice group focused on defending companies accused of software piracy by BSA | The Software Alliance. We are familiar with opposing counsel, and have resolved hundreds of BSA audits without litigation. We will help you avoid the pitfalls many companies face when responding to an audit. Even if you have already received a settlement demand, it is not too late for us to get involved. There are many non-monetary settlement provisions that need to be addressed before an organization finalizes a settlement with BSA.

Managed Compliance

Software companies and BSA recover millions of dollars each year from companies who are not in compliance with their software licenses. Minimizing the risk of penalties associated with non-compliance means the dedication of resources to ensure ongoing software compliance as an organization's grows and its IT infrastructure evolves. Like other IT services, many companies find it more cost effective to outsource software compliance functions to experts rather than divert resources from their core business. Scott & Scott, LLP provides a full-service, cost-effective, managed solution to ensure real-time compliance. The service includes monitoring the network for unauthorized use of software titles, procuring additional titles as needed, providing reports to the IT and accounting departments, and maintaining necessary documentation to substantiate ownership of all software running on a company's network.