Critical: Do Not Reply to the Audit Email

Just Received an IBM Audit Letter?
Stop. Don't Agree to the Kick-Off Meeting.

IBM auditors (Deloitte/KPMG) want you to agree to a "standard" scope that isn't in your contract. We intervene before the audit starts to limit their access and protect your data.

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Attorney-Client Privilege applies immediately upon retention.

IBM / Deloitte

REF: PA-AUDIT-NOTICE

The Demand:

"We request a kick-off meeting next Tuesday to review your deployment of all Passport Advantage software..."

THE TRAP

Agreeing to this meeting accepts their timeline and scope. Do not reply yet.

The "Kick-Off" Meeting is a Trap

Auditors use the first call to expand the audit scope beyond your contract. If you agree verbally, you are bound by it.

Scope Creep

They will ask for "all servers," including Disaster Recovery and Test/Dev. Your contract often exempts these. If you share the data, they bill you anyway.

The "Script" Request

They will ask you to run a script to "simplify data collection." This script often captures non-IBM data and flags false positives. Never run it without legal review.

The 7-Day Deadline

Their letter demands a response in 7 days. This is a pressure tactic. Your contract allows for a "reasonable" timeframe. We push this back to 30+ days.

Why Engaging Counsel is Your Strongest Defense

Prevent Discoverability (Privilege)

Internal emails like "we are non-compliant" are discoverable evidence in court. We wrap your entire review in Attorney-Client Privilege, preventing your own data from being used against you.

Validate Compliance Accuracy

IBM's scripts often flag false positives. We conduct an independent, privileged baseline assessment to ensure your compliance position is factually accurate before any data leaves your network.

IBM Audit Defense Strategy

ByteCounsel provides experienced legal counsel in IBM software audits. We focus on negotiating settlements that aim to minimize or eliminate back-fees and support optimized future licensing for your cloud or hybrid growth needs.

Don't Reply to the Email.

Download our "Day 1 Response ". It gives you the exact legal language to acknowledge receipt while pausing the audit to buy time for your internal review.

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