Of Counsel Carolina Säve and Associate Robert Sweeney wrote an article in the Boston Bar Journal addressing software-related IP considerations in transactions. The piece addresses why it is essential for both buyers and sellers to be aware and proactive to minimize associated risk.

The authors write, "At the outset of any software asset deal, buyers need sufficient insight into the source code that underlies the asset to quickly identify issues that could adversely impact deal value. The parties’ initial non-disclosure agreement should contain sufficiently strict confidentiality measures, need-to-know access limitations, and provisions that allow the buyer’s technical representative to review the related source code."

Source

Boston Bar Journal