Richard Raysman

April 14, 2006 | Corporate Counsel

Companies enter into outsourcing agreements for many reasons, but from a business point of view, once the agreement is signed, the two companies become intertwined. As the companies evolve, events such as mergers or management turnover can create a negative spiral that may end in an outsourcing failure or even litigation. But companies that see trouble brewing in an outsourcing relationship can avoid a business divorce by maintaining a positive tone and using structured negotiations.

By Richard Raysman and Peter Brown

7 minute read

September 14, 2005 | Legaltech News

In light of the Federal Circuit's AT&T v. Microsoft decision, attorneys Richard Raysman and Peter Brown discuss infringement under �271(f) of the patent law as well as how the decision changes the legal landscape with respect to the export of computer software. The ruling is important to counsel responsible for assessing possible patent infringement, as well as software companies that increasingly rely on outsourcing to distribute software in foreign markets.

By Richard Raysman and Peter Brown

12 minute read

April 11, 2006 | New York Law Journal

Richard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, write that, depending on the outcome of the final draft, it remains to be seen whether GPLv3 will be as widely adopted as the prior version or whether a significant number of enterprises will continue to use GPLv2.

By Richard Raysman and Peter Brown

12 minute read

December 09, 2009 | New York Law Journal

Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write that in the citing of different intellectual property statutes for different types of claims in a software dispute, the question remains as to whether the plaintiff may be barred to avoid an impermissible double recovery. The analysis of a double recovery may depend on whether the plaintiff is seeking actual or statutory damages and may also depend on the judicial circuit where the action is filed. Some circuits have defined related claims as double recoveries while others see permissible damages based on the legislative intent of the statutes at issue.

By Richard Raysman and Peter Brown

11 minute read

July 19, 2010 | Legaltech News

Turning their attention to the subject of software licenses, attorneys Richard Raysman and Peter Brown examine in particular the availability of copyright and contract claims in the event of a breach and other areas of disagreement that may arise in a software licensing dispute.

By Richard Raysman and Peter Brown

11 minute read

October 14, 2002 | Law.com

Many businesses have become targets of software audits in recent years, as software companies have made battling unlicensed software in the workplace a top priority. Such audits can be expensive propositions for companies, and they can be embarrassing, too. Attorneys and businesses should understand how to avoid a software audit, as well as what to do if an audit letter arrives.

By Richard Raysman and Peter Brown

11 minute read

October 11, 2005 | Law.com

When it goes smoothly, outsourcing your IT processes can be a dream come true. But as the recent conflict between Sears and Computer Science Corp. shows, once the relationship with your IT vendor goes sour, the situation can quickly deteriorate. When talk turns to termination and litigation, amicable resolution can seem a million miles away. If your relationship is already rocky, how can you rein things in and prevent differences from escalating?

By Richard Raysman and Peter Brown

9 minute read

February 10, 2009 | New York Law Journal

Richard Raysman, a partner at Otterbourg, Steindler, Houston & Rosen, and Peter Brown, a partner at Baker & Hostetler, write: More than any president of recent memory, technology was a key element to President Barack Obama's campaign promises. The new administration has made numerous statements about how technology will make government more transparent and how the country's infrastructure requires innovation to move into the new century. This emphasis is echoed by commentators, and interest groups such as the Business Software Alliance, which has suggested that information technology and modern advances should be the cornerstone of some of the biggest projects in the coming years, namely, education, health care, the environment and economic stimulus.

By Richard Raysman and Peter Brown

12 minute read

October 13, 2009 | New York Law Journal

Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write that courts considering the single publication rule in Internet-based defamation cases generally have found it applicable to postings made on sites accessible to the general public. On the one hand, they say, public sites greatly increase the potential exposure of published material, yet the ease of accessibility cuts two ways - while a defamed person's injury is potentially greater, it is also easier for that person to locate defamatory content in the first place.

By Richard Raysman and Peter Brown

12 minute read

February 12, 2009 | Texas Lawyer

In the months leading up to his inauguration, President Barack Obama, like any modern lawyer, refused to give up his BlackBerry, much to the chagrin of aides who stressed that presidential e-mails were a potential legal and security risk. However, the problem was resolved and Mr. Obama will be given a smart phone with enhanced security features.

By By Richard Raysman and Peter Brown

12 minute read