Peter Brown

September 14, 2004 | New York Law Journal

Richard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, report that, over the last year, state and federal legislators have increasingly expressed concern over reports that the practice of offshore outsourcing has resulted in a loss of American jobs, particularly those that are technology-related, such as computer programming and information technology support services.

By Richard Raysman and Peter Brown

13 minute read

September 13, 2005 | New York Law Journal

Richard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, write that historically, the reach of patent law did not extend outside United States borders, but a growing line of cases has begun to do just that with respect to exported computer software. While much of the law on patent infringement was written before the growth of computer software and the Internet, the courts, in their statutory interpretations of applicable laws, are beginning to catch up.

By Richard Raysman and Peter Brown

12 minute read

December 09, 2008 | New York Law Journal

Richard Raysman, a partner at Otterbourg, Steindler, Houston & Rosen and Peter Brown, a partner at Baker & Hostetler, write: According to the Patent and Trademark Office, U.S. intellectual property is worth more than $5 trillion. Indeed, software and other intellectual property can be the most valuable assets for many technology and media companies. The competitive edge of emerging technology-related companies is their underlying intellectual property. Not surprisingly, asset-based lending has echoed this trend. Beyond securing obligations of companies seeking financing with more traditional collateral, lenders are increasingly securing loans based upon intangible assets such as patents or copyrights, or even computer databases or the rights of software licensees and licensors.

By Richard Raysman and Peter Brown

13 minute read

November 10, 2010 | Law.com

Most software is licensed, not sold, and may not come with the right to resell under the first sale doctrine of the Copyright Act. Richard Raysman and Peter Brown examine a multifactor test from the 9th Circuit to determine if a user of licensed software is an "owner" or a mere "licensee."

By Richard Raysman and Peter Brown

13 minute read

April 08, 2008 | New York Law Journal

Richard Raysman and Peter Brown, partners at Thelen Reid Brown Raysman & Steiner, write that although the Computer Fraud and Abuse Act was enacted almost 25 years ago, some of its provisions still remain open to varying interpretation. Consequently, a fair amount of litigation has resulted and courts continue to decide how the statute applies to new factual scenarios in a rapidly and ever-changing computerized world.

By Richard Raysman and Peter Brown

12 minute read

September 08, 2009 | New York Law Journal

Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write that there are three essential elements that a party must establish in order to claim �230(c)(1) immunity: (1) it is a provider of an interactive computer service; (2) the cause of action treats the party as a publisher or speaker of information; and (3) the information at issue is provided by another information content provider.

By Richard Raysman and Peter Brown

14 minute read

January 13, 2009 | New York Law Journal

Richard Raysman, a partner at Otterbourg, Steindler, Houston & Rosen, and Peter Brown, a partner at Baker & Hostetler, write that a 2005 study revealed that nearly 80 percent of outsourcing relationships will be renegotiated at some point during the contract term. Not surprisingly, they report, it has been reported that this past fall, some large American companies have begun negotiating discounts of around 3 percent to 7 percent with their Indian service providers, have shelved new projects, and have also sought to redefine the scope of their service level agreements.

By Richard Raysman and Peter Brown

12 minute read

September 15, 2010 | Law.com

Trade dress protection guards a product image and the impression it creates among consumers to distinguish competing products. Does this protection extend to websites? Attorneys Richard Raysman and Peter Brown discuss recent decisions that deal with infringing a website's "look and feel."

By Richard Raysman and Peter Brown

10 minute read

July 08, 2008 | New York Law Journal

Richard Raysman, a partner at Thelen Reid Brown Raysman & Steiner, and Peter Brown, a partner at Baker & Hostetler, write that the availability of preliminary injunctive relief in patent cases is an area that continues to witness remarkably dynamic development, in light of the Supreme Court's notable decision in eBay v. MercExchange. There, the Court held that traditional principles of equity generally applied in determining whether it is appropriate to issue a permanent injunction in a patent case. Since that decision, litigants have argued, and a number of courts have agreed, that while it applied to permanent injunctions specifically, the court did not limit its holding to that context and that the Court's reasoning likely applies when assessing requests for preliminary injunctions in patent infringement cases.

By Richard Raysman and Peter Brown

14 minute read

March 08, 2011 | New York Law Journal

Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, discuss the factors courts consider when evaluating whether mixed goods and services software contracts are governed under the UCC as well as some recent decisions about the applicability of the UCC to custom software transactions and software license agreements.

By Richard Raysman and Peter Brown

13 minute read