Richard Raysman

March 12, 2018 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown write: one of the law's most important functions is to resolve interpretative problems created by the use of ambiguous language in contracts; however, by the time a court is deciding the issue, costly litigation may have taken years. In a recent case in Pennsylvania, parties to a software development and license agreement confronted this unfortunate truth, and both left unsatisfied.

By Richard Raysman and Peter Brown

7 minute read

February 09, 2018 | New York Law Journal

In their Privacy Matters column, Richard Raysman and Peter Brown discuss the decision in 'Broker Genius v. Zalta', in which the U.S. District Court for the Southern District of New York held that the inconspicuous language of the licensor's terms of use, coupled with its routine and frequent disclosure of the entire architecture of the user interface of the software supposedly protectable as a trade secret, precluded licensor's successful motion for injunctive relief for trade secret misappropriation.

By Richard Raysman and Peter Brown

8 minute read

January 08, 2018 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown write: In October 2017, the U.S. Court of Appeals for the Fourth Circuit held, to the disappointment of several amici that submitted briefs on defendant's behalf, that at least with respect to the governing software license “reverse engineering” as defined in the relevant license was not limited to accessing and copying software, as such a narrow interpretation would render other provisions of the license superfluous.

By Richard Raysman and Peter Brown

6 minute read

December 11, 2017 | New York Law Journal

Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision which held that the ambiguous term of a license meant that the licensee could not prevent the licensor from negotiating and executing a term sheet with a successor licensee, during the final year of the license.

By Richard Raysman and Peter Brown

8 minute read

November 13, 2017 | New York Law Journal

In their Technology Law column, Richard Raysman and Peter Brown discuss recent opinions that illustrate the difficulties in obtaining a lost profits award when premised on conjectural comparisons between the prevailing party and an established, if not leading presence in the relevant market.

By Richard Raysman and Peter Brown

7 minute read

October 06, 2017 | New York Law Journal

In their Privacy Matters column, Richard Raysman and Peter Brown discuss a recent SDNY decision premised on the reality that a "reasonable" Internet user would know that a blue highlighted hyperlink is the archetypal command to a user that the entirety of the referenced document can be viewed by clicking on the hyperlink.

By Richard Raysman and Peter Brown

8 minute read

September 13, 2017 | New York Law Journal

In their Technology Law column, Richard Raysman and Peter Brown write: Database analytics providers enter a nascent market without dominant legacy providers controlling vast swaths of market share and holding an iron grip over all forms of usable technology. This arguably creates a greater incentive for prospective providers to eschew contractual obligations and misappropriate confidential information as a means of immediately satisfying snowballing demand. In this environment, the possibility for circumvention of contractual obligations is heightened further when such purported obligations are memorialized merely in an oral agreement.

By Richard Raysman and Peter Brown

15 minute read

August 24, 2017 | FC&S Insurance

For businesses both large and small, cybersecurity threats continue to proliferate, to the point where being the victim of a cyberattack seems almost inevitable.…

By Richard Raysman and Peter Brown

7 minute read

August 07, 2017 | New York Law Journal

In their Privacy Matters column, Richard Raysman and Peter Brown write: Courts have begun to encounter a growing number of disputes over cyber insurance coverage, mostly relating to the scope of coverage, not to its existence. One recent example is the Southern District of New York's decision in 'Medidata Solutions v. Federal Insurance Co.'

By Richard Raysman and Peter Brown

7 minute read

July 10, 2017 | New York Law Journal

In their Technology Law column, Richard Raysman and Peter Brown write: In some cases, strategic partnerships go wrong and invariably litigation ensues. In 'Kortright Capital Partners', litigation ensued and one claim survived a motion to dismiss in part on the rationale that a strategic partnership sufficiently creates a "special relationship" between the partners that requires a greater degree of candor and fair dealing when contemplating the prospective strategic alliance with an unrelated third party.

By Richard Raysman and Peter Brown

15 minute read