For our clients acquiring or investing in a Software
as a Service (or
SaaS ) company,
the business model operated is a key focus point of the purchase or
investment mandate. Why is the target successful today? What are
its plans for the future? What objective is driving the
transaction?
In the case of investment in, or acquisition of, SaaS companies,
reviewing the business structure, and considering the third party
relationships within it, is of paramount concern. Some of the most
common material legal risks arising in relation to SaaS companies
include:
Licensing Arrangements - SaaS contracts
typically combine software licences, arrangements for the hosting
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As the world continues to adapt to the so-called new
normal following the unprecedented challenges brought about
by the COVID-19 pandemic, one key question that is being asked time
and time again: what does this mean for me and my business?
In terms of dispute resolution and litigation practice, it is
clear that the pandemic has not stopped individuals or companies
from filing actions with the courts. In Guernsey this is known as tabling the cause , pursuant to Section 10(1) of the
Royal Court Civil Rules, 2007 (RCCR).
Since 2014, the Supreme Court of Canada has recognized that all commercial contracts must be performed honestly, in accordance with the principle of good faith: Bhasin v. Hyrnew, 2014 SCC 71 and.
To print this article, all you need is to be registered or login on Mondaq.com. Experienced solicitors, must be taken to know what
the label means - So said the English Court of
Appeal when it recently emphasised the consequence of holding
negotiations subject to contract . It reaffirmed the
position that once negotiations between the parties are commenced subject to contract , this condition applies to those
negotiations up until either a formal agreement is reached between
the parties, or it is agreed that the condition should be removed.
Partner, David Fitzgibbon and Solicitor, Thomas
Burke provide some further insights here.