This article will explore both why software audits happen, at all; why many software vendors are becoming much more aggressive in initiating and conducting detailed, distracting, often contentious software “compliance audits”; and the contracting, intellectual property, compliance, and business continuity risks associated with such audits. It will then discuss the significant issues and options associated with reviewing, drafting, and negotiating audit clauses in software licenses and practical, effective steps to mitigate the varied audit-associated risks.

It’s a common myth that litigation is only good for fee-based litigators. But those resourceful in-house counsel who care to create better processes and awareness can hunt, find and mine written materials created by others’ prior lawsuits to accelerate achieving their, and their clients’, objectives.