Tech Due Diligence Checklist

Tech Due Diligence Checklist

It is more important than ever, whether you are an investor or potential buyer, to know that the company that you are interested in is operating in accordance with best practices and has laid proper foundations for solid growth. In this post, we have outlined the 4 main areas- Intellectual Property, Third-Party Software, Technology Performance and Cyber Security- and the key questions within each to ask when conducting technology due diligence.

Top 3 risks to be aware of in High Tech M&A deals

Top 3 risks to be aware of in High Tech M&A deals

The continual rise in investment and acquisition of high tech companies has put a spotlight on the risks inherent in these deals and the need to expand due diligence processes to include comprehensive, automated software audits. 

This article will take a look at the 3 biggest risks potential investors and acquirers need to be aware of heading into these deals and what they can do to mitigate them.

The Ultimate Guide To Software Escrow Services

The Ultimate Guide To Software Escrow Services

In the age of AI, you can't really hope to run a business without software development. Yet, the truth remains that in the real world, software vendors often fail due to financial or operational difficulties. In such cases, your business needs to ensure that it remains fully functional.  That’s why professionals all over the world are opting for software escrows to protect their business continuity. Such agreements can help safeguard the interests of all parties involved in a software deal.

Global Trends in Cyber Risk

Global Trends in Cyber Risk

Despite more global recognition of the magnitude of cyber risks, such as the increase in frequency and cost of ransomware incidents and the consequences of more robust regulation and litigation risks, many organizations have not taken the necessary steps to create and/or adapt their cybersecurity policies in the face of these new threats.  Companies must prepare for the new challenges brought about by the evolving targets, techniques and impacts of cyber criminals.  Chiefly, renewed focus on operational structures, cyber hygiene and best practices may have more impact than investing in new technologies.

Lose your password and lose out on millions? 

Lose your password and lose out on millions? 

You’ve probably seen the headlines; the loss of bitcoin passwords has resulted in the loss of cryptocurrency fortunes.  How is this even possible and more importantly, how can it be avoided?  But first, we will take a crash course in cryptocurrency, learn how it is deployed via digital wallets, review some of the greater risks inherent in these wallets and finally, see what steps we can take to better protect our digital assets.

What Is Acquisition Due Diligence?

What Is Acquisition Due Diligence?

With major internet giants buying up unicorns and large conglomerates subsuming other companies to increase their market share, M&A has become the watchword of the day. But just as you would always look before you leap, it’s essential that you perform the required due diligence before signing the dotted line in any M&A transaction. Acquisition due diligence helps ensure that the deal goes fairly for both the buyer and the seller and avoid any possible pitfalls with ease.

Why And How To Protect Software Copyright

Why And How To Protect Software Copyright

For any creative artist, protecting their work is a matter of paramount importance. After all, any work of art, be it a literary piece, a musical, or a painting, needs protection from unlawful elements looking to infringe upon the creator's rights.

 Especially in today's day and age of technology and software, replication and duplication have become something of an industry. In such a situation, any creative work needs protection from unlawful elements looking to gain without legitimate effort.

 But what about computer software?

Escrow Agreement: why it is beneficial to your business

Escrow Agreement: why it is beneficial to your business

Entering into an Escrow agreement aims at ensuring the continuity of business for the beneficiary. This is the common incentive among most beneficiaires for entering into an Escrow agreement, despite the type of beneficiary. The Escrow also benefits the digital asset owner for different reasons.

Why Is Due Diligence Important?

Why Is Due Diligence Important?

Due diligence plays an important role not just in business but, as you will see, in the overall proper functioning of the economy.  This article will take you on a brief tour of the different types of due diligence and in doing so, you will understand what it is and begin to see the outsize role this process has on our everyday lives.

Due diligence: the precautionary principle in business

Due diligence: the precautionary principle in business

Due diligence is a business tool for assessing the risks involved in large transactions, particularly in the context of mergers and acquisitions. It is above all a duty of diligence that requires the implementation of an in-depth audit that will highlight potential dangers in order to mitigate them.

Escrow Agreement: best practice to ensure business continuity

Escrow Agreement: best practice to ensure business continuity

An escrow agreement implies that a software supplier entrusts a third party with the escrow of essential elements of its product in order to enable a customer or partner to access these elements in specific cases defined in the contract, often linked to the supplier's default or a change of ownership.

To escrow an asset means, for the owner of the asset, to entrust it to a trusted third party who undertakes to keep it and possibly hand it over to a beneficiary designated by the owner only upon the occurrence of a predefined event.

Protection by the sui generis right of databases

Protection by the sui generis right of databases

On February 2nd, 2021, The Paris Court of Appeal confirms the protection of the leboncoin.fr website against extraction and unauthorized reuse of its real estate ads, by the sui generis right of database producers.

Timestamping: definition, operating principle and objectives

Timestamping: definition, operating principle and objectives

In order to strengthen digital security, and in the face of the dematerialization of exchanges, timestamping of digital data is essential. This process enables a date and time to be applied to any electronic data in order to certify its existence and content at a given time.

What is Electronic Timestamping and how does it work?

What is Electronic Timestamping and how does it work?

The practice of associating a date and time with an event, also called “timestamping”, has its roots in the need to produce evidence to assert a right during a dispute or litigation.  But how do you verify the existence of electronic data? The digitalization of entire sectors of economic activity has led to the need for electronic timestamping.  This article will review the ‘what’ and ‘how’ of electronic timestamping in the overall legal context. 

Registering a logo: an essential step in any business strategy

Registering a logo: an essential step in any business strategy

Your logo is the cornerstone of your company's visual identity. It is through your logo that your customers and clients identify your company and, as such, it must be protected. Protection under copyright or design law is possible, however, it is trademark law that offers the most adequate protection.

The 5 different types of Software Escrow contracts

The 5 different types of Software Escrow contracts

An Escrow contract can take many forms depending on the needs of the parties. Although the traditionnal Escrow agreement is a tripartite contract beween a digital asset owner, a beneficiary and a trusted third party, it is not the only possible configuration.

8 good reasons to use electronic timestamping

8 good reasons to use electronic timestamping

With the digitalization of entire sectors of the economy, certified timestamping has become increasingly important in commercial relations as it is one of the best ways to demonstrate that an action has been taken.  This article will explore the many areas where electronic timestamping is useful for proof and traceability purposes.