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Open Source Software: The Importance of Open Source Due Diligence in M&A

Today's technology companies are increasingly utilizing free and open source software (FOSS) to help enable innovation in their development organizations. However the day to day practice of using FOSS is often uncontrolled, potentially creating unknown legal, business and operational risks arising from the unique obligations found in many open source licenses. As a result, acquiring companies are now focusing more heavily on open source and third party code in their due diligence practices to uncover issues before M&A transactions are completed.

Join Fenwick’s own Andrew Hall and Matthew Jacobs, General Counsel at Black Duck to gain insights on defined strategies and processes for evaluating open source and software assets within the scope of corporate mergers and acquisitions.