October 11, 2005 | New York Law Journal
Computer LawRichard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, write that neither the company nor the vendor in an information technology outsourcing agreement wants the publicity that can surround a failed relationship. A structured negotiation approach will require effort and compromise from both parties, but it can prevent a problem from escalating into arbitration or litigation.
By Richard Raysman and Peter Brown
9 minute read
November 13, 2006 | New York Law Journal
Computer LawRichard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, write that computer technology, particularly Web-based advances, continues to challenge existing laws. One ongoing debate concerns the use of search robots, which essentially are software programs that perform multiple automated successive queries to public Web sites.
By Richard Raysman and Peter Brown
13 minute read
December 13, 2007 | Legaltech News
Taking the High Road With MetadataLawyers routinely transmit e-mails with attachments, such as proposed contracts and transactional documents, that contain metadata. Thelen Reid partners Richard Raysman and Peter Brown survey regional and professional ethics rules for sending and receiving "data about data."
By Richard Raysman and Peter Brown
12 minute read
June 14, 2011 | New York Law Journal
Trade Secrets and ConfidentialityIn their Privacy Matters column, Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write that, undeniably, trade secrets remain an important and enticing part of any company's IP portfolio and in the past year, there have been judicial developments impacting the definition of a trade secret and the importance of non-disclosure provisions in agreements with business partners and licensees.
By Richard Raysman and Peter Brown
10 minute read
March 09, 2011 | Legaltech News
How the UCC Is Applied to Software ContractsWhen considering whether software contracts are for the sale of goods or services, most courts turn to the Uniform Commercial Code. Attorneys Richard Raysman and Peter Brown discuss how courts evaluate whether the UCC governs mixed software contracts, as well as recent decisions about whether the UCC applies to custom software transactions and software license agreements.
By Richard Raysman and Peter Brown
13 minute read
August 09, 2005 | New York Law Journal
Computer LawRichard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, write that gaming was transformed dramatically by the introduction of "massive multiplayer online role-playing games." These Internet-based videogames allow hundreds or even thousands of players to interact simultaneously in multimedia, online virtual environments.
By Richard Raysman and Peter Brown
12 minute read
March 13, 2007 | New York Law Journal
Computer LawRichard Raysman and Peter Brown, partners at Thelen Reid Brown Raysman & Steiner, write that most users are unaware that search engines often retain private query information for indefinite periods. Over time, this data can become akin to a virtual profile of a user's surfing habits and interests. With the large amount of personal search data being generated, issues of privacy have begun to emerge with respect to record retention by the search engines themselves and government access to user-generated data.
By Richard Raysman and Peter Brown
9 minute read
August 09, 2006 | National Law Journal
Recovering Attorney Fees in Patent LitigationPatent litigation can be bitter, and parties often engage in aggressive strategies. But those strategies can result in attorney fees being awarded, based on 35 USC �285 of the Patent Act, which reads: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." As a result, two important questions arise: What constitutes an "exceptional" case prompting a court to consider an award of attorney fees, and when is a court likely to award attorney fees to a prevailing party?
By Richard Raysman and Peter Brown
10 minute read
April 10, 2007 | New York Law Journal
Computer LawRichard Raysman and Peter Brown, partners at Thelen Reid Brown Raysman & Steiner, write that Congress has been attempting, for slightly more than a decade, to craft legislation that protects minors from harmful exposure to pornographic material on the Internet while balancing the constitutional rights of adults. The Child Online Protection Act is the most recent attempt to confront this difficult issue, but last month a district court issued a permanent injunction against enforcement of the statute.
By Richard Raysman and Peter Brown
10 minute read
July 13, 2005 | Law.com
'MGM v. Grokster': Finding Another Theory of Secondary LiabilityIn the last day of its term, the Supreme Court ruled unanimously in Grokster that distributors of file-sharing software that facilitates copyright infringement "on a gigantic scale" may be liable for infringement by the users of the software. Attorneys Richard Raysman and Peter Brown examine the new inducement standard for secondary liability announced by the Court, as well as the implication the new standard may have for both copyright owners and distributors of technology.
By Richard Raysman and Peter Brown
11 minute read
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