Open Source Due Diligence in M&A: Open Source Software Identification, Tracking, Approval for Use, Risk Allocation
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide counsel in conducting open source due diligence in merger and acquisition transactions. The panelist will outline best practices for determining how open source software is identified, tracked and approved for use, and leveraging the diligence results in negotiating pricing and other deal terms.
- Due diligence of software code
- Target’s open source processes
- Open source bill of materials and audits
- Target’s contribution to third-party open source software projects, as well as target’s own code releases
- Interaction of open source reps and warranties with general IP reps and warranties
- Open source disclosures and audits
- Typical problems arising during due diligence and how to resolve them
- Leveraging due diligence results in deal negotiations
The panelist will review these and other noteworthy issues:
- What are the best approaches for counsel to identify and track the target’s use of open source during due diligence?
- If the target is not in compliance with the terms of an open source license, what steps should the acquiring company take to mitigate the risk?
- How can counsel leverage information from the due diligence process in deal negotiations?
O’Melveny & Myers
Ms. Meeker practices in the firm’s Mergers and Acquisitions practice group and is a Founding Portfolio Partner at... | Read More
Ms. Meeker practices in the firm’s Mergers and Acquisitions practice group and is a Founding Portfolio Partner at OSS Capital. She advises technology clients on IP matters, including licensing and collaboration arrangements, software copyright and patent issues, technology procurement, open source licensing strategies, and IP issues in investments, mergers and acquisitions. Ms. Meeker is an internationally-known specialist in open source software licensing. Her latest book, Open Source for Business, is a definitive handbook for lawyers, engineers, and businesspersons on open source licensing in business. Her Technology Licensing: A Primer, is a widely used handbook for technology licensing specialists. In 2019, Ms. Meeker was named by Business Insider as one of the 10 people transforming the way the technology industry does business, along with the CEOs of Salesforce, Stripe, and Microsoft. She was the only lawyer on this list.Close