Richard Raysman

January 07, 2019 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown write: Ambiguity surrounding the termination provision of a software license is a frequent source of dispute. Imprecise wording, particularly with respect to the damages amount due upon breach, can often precipitate costly litigation centered on the interpretation of a mere handful of words in a license. They discuss a recent dispute of this nature decided by the U.S. District Court for the Southern District of New York.

By Richard Raysman and Peter Brown

6 minute read

December 10, 2018 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown discuss a recent case in which a federal jury issued a verdict finding that a multinational company that produces imaging products breached a joint venture agreement, associated with a previously executed master license agreement concerning software, for failing to make contractually-required payments.

By Richard Raysman and Peter Brown

6 minute read

November 09, 2018 | New York Law Journal

In their Technology Law column, Richard Raysman and Peter Brown discuss 'Cyprus Grp. Holdings v. Onex', an opinion which dealt with a variety of issues in contract law, including the construction of a release provision in the context of a stock acquisition, the interpretation of forward-looking and ambiguous software license provisions, and whether two breach of contract and indemnity claims are sufficiently similar that if one is precluded by a release, so too is necessarily the other.

By Richard Raysman and Peter Brown

7 minute read

October 05, 2018 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown discuss a federal court decision that is one of the latest cases where a court had to interpret a contract with potential ambiguities, notwithstanding the reputed sophistication of the contracting parties and their counsel.

By Richard Raysman and Peter Brown

7 minute read

September 10, 2018 | New York Law Journal

The warranty is among the most essential terms of a software license, as the provision often concerns the functionality and capability of the software.…

By Richard Raysman and Peter Brown

8 minute read

August 13, 2018 | New York Law Journal

A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee's customers for the same services.

By Richard Raysman and Peter Brown

7 minute read

July 09, 2018 | New York Law Journal

In their Technology Law column, Richard Raysman and Peter Brown discuss the circumstances, legal analysis and conclusions surrounding “W.G. Bradley v. intelligence” where a software customer's fraud claims survived dismissal even after partial affirmation of the underlying agreement.

By Richard Raysman and Peter Brown

1 minute read

June 11, 2018 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision out of California and write: True and enforceable representations in software implementation agreements concerning the location and functionality of the software are integral to the success of the project. Arguably failing to adhere totally to these representations was the subject of 'Copart v. Sparta Consulting,' where a jury awarded the plaintiff nearly $25 million for the defendant's breach of agreements and statements of work that collectively amounted to a software implementation arrangement.

By Richard Raysman and Peter Brown

1 minute read

May 07, 2018 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown discuss a recent case in federal court in Illinois that deals with interpreting an “incorporation by reference” provision in two software licenses and a related deferred payment agreement.

By Richard Raysman and Peter Brown

8 minute read

April 09, 2018 | New York Law Journal

In their Technology Law column, Richard Raysman and Peter Brown discuss a recent decision in which the court partially granted and partially denied an injunction, while laying out the difference between injunctive relief as applied to software itself and the core source code.

By Richard Raysman and Peter Brown

6 minute read