Richard Raysman

July 10, 2007 | New York Law Journal

Richard Raysman and Peter Brown, partners at Thelen Reid Brown Raysman & Steiner, write that, cognizant of the important policy concerns present in Microsoft Corp. v. AT&T Corp., the Supreme Court believed that closing any "loophole" present in 35 USC �271(f) is "properly left for Congress to consider, and to close if it finds such action warranted." Future legislation may tackle the problem of exported software that has been found infringing in the United States.

By Richard Raysman and Peter Brown

11 minute read

August 10, 2011 | Legaltech News

With the muddle of information, commentary, and invective that makes up online news, it isn't always clear whom a state's shield law protects. With so much news coverage having moved online, the pertinent question becomes "What is a 'journalist'?" Attorneys Richard Raysman and Peter Brown look for answers in recent decisions applying shield laws online.

By Richard Raysman and Peter Brown

9 minute read

July 13, 2011 | Legaltech News

Keyword advertising, the purchase of generic or trademarked keywords to trigger sponsored ads alongside the list of search engine results, has spawned a raft of litigation. Richard Raysman of Holland & Knight and Peter Brown of Baker & Hostetler take a closer look at how keyword advertising works and analyze recent developments in keyword litigation.

By Richard Raysman and Peter Brown

12 minute read

October 09, 2007 | New York Law Journal

Richard Raysman and Peter Brown, partners at Thelen Reid Brown Raysman & Steiner, write that outsourcing has, over the last decade, captured the attention of the public, prompting some legislators to consider, and in some instances, enact legislation to curb the practice.

By Richard Raysman and Peter Brown

8 minute read

April 15, 2011 | Legaltech News

Mobile phone marketing is an emerging new avenue for advertisers, game and software application makers, and wireless providers. As with any new industry, it faces a host of legal compliance issues, including state and federal laws, privacy policies, FTC regulations, industry self-regulatory guidelines that federal and state courts will need to wrestle with.

By Richard Raysman and Peter Brown

13 minute read

February 15, 2006 | Law.com

Concern over data security has reached beyond U.S. borders as more businesses engage in offshore outsourcing, say attorneys Richard Raysman and Peter Brown. In the absence of uniform federal privacy or data security legislation in the United States that addresses the collection, storage, transmission or use of personal information, privacy protection and data security concerns have made outsourcing transactions increasingly more complex.

By Richard Raysman and Peter Brown

10 minute read

February 08, 2011 | New York Law Journal

In this week's Technology Law column, Richard Raysman of Holland & Knight and Peter Brown of Baker & Hostetler write that a number of small entities and e-mail service providers recently have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts.

By Richard Raysman and Peter Brown

12 minute read

March 27, 2003 | Law.com

As technological expertise and facilities in locales world-wide have caught up with or surpassed levels in the United States, and the standardization of many business applications has made it easier for businesses to outsource processes, offshore outsourcing has taken off. But when companies enter into outsourcing arrangements outside the United States, appropriate legal planning must be undertaken.

By Richard Raysman and Peter Brown

11 minute read

January 10, 2006 | New York Law Journal

Richard Raysman and Peter Brown, partners at Brown Raysman Millstein Felder & Steiner, write that for nearly 70 years, the doctrine of patent prosecution laches remained, for the most part, unchanged as an affirmative defense in litigation. However, early this fall, that all changed when the U.S. Court of Appeals for the Federal Circuit issued its decision in Symbol Technologies, Inc. v. Lemelson Medical, Education & Research Foundation LP, a case involving computer bar-code-scanning technology.

By Richard Raysman and Peter Brown

12 minute read

August 09, 2006 | Law.com

Patent 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