BSA Defense

Why Scott & Scott, LLP

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 The attorney-client and attorney work-product privileges protect confidential communications between lawyers and their clients as well as any reports prepared by the attorneys in connection with representing the clients. These rules are particularly important when it comes to BSA Defense. Employee-conducted and IT-vendor audits place your company at risk because the results of those audits are not confidential and are subject to disclosure if the BSA chooses to institute litigation against you. Creating a paper trail that may be used against you is not in your company’s best interest. When you engage Scott & Scott, LLP for BSA Defense, our attorney-conducted software audits and the documents that are produced in the process are fully protected and not subject to disclosure.

Prior to submitting audit materials to the Business Software Alliance, our lawyers secure a written agreement from the BSA covering the confidentiality of those materials.  These agreements ensure that that BSA will not be able to improperly use or disclose the information provided in the event that the matter is not settled out-of-court.

The confidentiality of the audit investigation itself is negotiated as part of the settlement terms.  Scott & Scott, LLP regularly helps clients secure confidentiality provisions prohibited the Business Software Alliance from issuing a press release naming our client. 


Q. Our company is facing an audit from the BSA? Should we make an announcement to our staff?

A. We advise our clients to keep the existence of the BSA audit confidential and to inform only senior management and a very limited number of trusted advisors.

Q. Why are confidentiality provisions so important to secure in settlements with the Business Software Alliance?

A. Confidentiality provisions in settlement agreements with the BSA prevent the BSA or its members from issuing a press release that may be damaging to your company’s brand.

Q. Should I worry if I am using an outside IT professional to assist me with the BSA audit?

A. We recommend that you ask your IT professional to sign an appropriate confidentiality agreement to protect your company’s interests.

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