Stephen M. Kramarsky

May 22, 2008 | New York Law Journal

The older a law, the more likely it is to create unexpected results in the face of new ways of doing business. Dewey Pegno's Stephen M. Kramarsky examines recent decisions that pit the 17th century statute of frauds against the widespread practice of "papering" business arrangements through e-mail.

By Stephen M. Kramarsky

11 minute read

January 26, 2007 | Law.com

A liability carrier must defend its insured in an Illinois class action over junk faxes, at least until the case is tried, a New Jersey judge has ruled in a case of first impression. Myron Corp., a New Jersey-based company, is alleged to have violated the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practices Act. The plaintiffs in Stonecrafters Inc. v. Myron Corp. allege Myron unlawfully converted fax machine, paper and toner by sending the faxes.

By Stephen M. Kramarsky

13 minute read

September 26, 2006 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the traditional rules governing conversion have been difficult to apply in the digital context. In general, New York courts have refused to recognized claims for conversion that involve "intangible property."

By Stephen M. Kramarsky

10 minute read

July 17, 2008 | Legaltech News

Misappropriation of sensitive documents by departing employees is fertile ground for litigation. There are several potential causes of action, including statutory claims arising not from the use of the documents, but from the unauthorized access to the computer system itself.

By Stephen M. Kramarsky

13 minute read

September 27, 2005 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, analyzes Applied Interact's hold on web coupons based on 1993 patents which, while intended for coupons linked to radio or TV broadcasts, have been interpreted to patent all electronic delivery of coupons, and the recent case over these patents in the Southern District that greatly expanded the reach of direct infringement.

By Stephen M. Kramarsky

11 minute read

March 22, 2005 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky specializing in complex intellectual property litigation, writes that things move quickly on the Web and slowly at the U.S. Patent and Trademark Office. Intellectual property lawyers often forget this at their peril.

By Stephen M. Kramarsky

11 minute read

November 19, 2009 | Legaltech News

The performance right, protected by the Copyright Act, has been fertile ground for disputes. If a trend is emerging in recent decisions, it's that courts won't charge twice for what appear to be the same bundles of rights: Either it's a digital download or a performance, but not both.

By Stephen M. Kramarsky

12 minute read

September 29, 2005 | Law.com

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, analyzes Applied Interact's hold on Web coupons based on 1993 patents which, while intended for coupons linked to radio or TV broadcasts, have been interpreted to patent all electronic delivery of coupons. In the most recent case over these patents in the Southern District of New York, Applied Interact was handed a major victory that greatly expanded the reach of direct infringement.

By Stephen M. Kramarsky

11 minute read

July 24, 2007 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that one of the greatest challenges facing IP lawyers in the digital age is the growing scope of the global marketplace. IP, whether in physical or digital form, can no longer be counted on to respect national borders and this has created an entirely new set of issues for practitioners, legislators and regulators alike.

By Stephen M. Kramarsky

10 minute read

July 22, 2009 | Law.com

Courts address questions that, from a technical view, make no sense, e.g., "Where is the Internet?" The Web was designed with a distributed structure to answer that question with "Who cares?" But the law requires an answer, says attorney Stephen M. Kramarsky.

By Stephen M. Kramarsky

13 minute read