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Overview

Open Source Software (OSS) Risks in M&A

When
October 2, 2024
12:00 PM - 1:00 PM

Where
Virtual

Open Source Software (OSS) is everywhere and it continues to proliferate. Software program distribution and end-user access have progressed from on-site networks, to cloud based subscriptions and downloadable mobile apps. The fast pace of these and other computer industry changes have increased the chances of discovery of unknown OSS and third-party software in a Target’s products in Merger & Acquisition (M&A). In order to successfully achieve the goals of M&As, a thoughtful, OSS-aware due diligence is key.

When investing in or acquiring companies, one crucial part of the due diligence process relates to software development and IP ownership. Open-source software audits are a norm in M&A diligence, and it is important for companies to be proactive and ensure that the software chain of title is clear and that there are no OSS issues that could impede or kill a potential M&A deal.

Learn from our panel of experts on how to ensure that the legal and technical risks with open source components are minimized.

Open-source software experts, IP attorneys and litigators, Mary Lou Wakimura, Giovanna Fessenden and Larry Cogswell, will cover:

  • Evaluating ownership and other rights to IP and OSS assets in a Target’s portfolio
  • Assessing OSS impact on a Target's IP portfolio
  • Mitigating the Target’s OSS use when such use does not align with the acquirer’s business model
  • Assessing OSS Third-party rights and security risks
  • Mitigating legal liability resulting from OSS representations in M&A
  • Creating a software bill of materials (BOM)

Speakers