| Representation of outsourcing company to the trading industry in preparation
of their master services agreement and contract negotiations on behalf of
the outsourcing company with clients in the trading industry. |
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Representation of
company in $20 million plus outsourcing of data processing department.
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Representation of an
investor in a $1 million plus VOIP technology transaction involving parties
in the U.S. and Israel. |
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Representation of
clients in addressing legal issues involving the Internet including web site
development agreements, web site hosting agreements, framing and linking
legal concerns, content acquisition and protection, applications service
provider agreement. |
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Representation of
major brand clothing manufacturer in negotiations and contract development
with a major on-line retailer to add manufacturer to the virtual shopping
mall developed by the on-line retailer. |
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Representation of
large clothing manufacturer/retailer in acquiring satellite communications
system, equipment and services, to connect all of its retail stores in the
United States. |
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Representation of
software developer in addressing questions about establishing source code
escrow with user. |
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Representation of
buyer of technology company in due diligence aspects of the acquisition.
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Representation of
large food distributor in acquisition of $500,000 plus computer system
acquisition. |
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Representation of
medical practice group manager in user/vendor dispute with software provider
which resulted in software provider paying client in excess of $1 million,
plus royalty free license on replacement software, plus reduced cost for
support, plus free hardware to run the replacement software. |
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Representation of
software developer in dispute over work made for hire ownership rights.
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Representation of
software developers in developing software license agreements, software
maintenance agreements, trademark registrations, distribution agreements,
source code escrow agreements, and incorporation of their businesses.
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Representation of
computer software developer in contract negotiation concerning the
development of private brand software distribution agreement. |
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Representation of
software publisher in the preparation of an agreement for obtaining rights
in computer software to market third parties' software. |
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Representation of
large database provider in developing software licenses, non-disclosure
agreements and policies, copyright registrations, shrink-wrap licenses and
the like. |
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Representation of
software developer in setting up distribution channels for software utility
product. |
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Representation of
software developer in negotiations and contract preparation with software
distributor for various rights to developer's software products.
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Representation of
clients in the presentation of lectures to groups of employees of the
clients regarding intellectual property rights, computer crime, personal
liabilities for breach of proprietary rights, and the like. |
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Representation of
numerous private and public entities in computer system acquisitions
including a public institution (user) in a $2.5 million plus custom software
development project involving multiple vendors and a foreign software
developer. This matter also involved complex computer contract negotiations
for license arrangement and distribution agreement. |
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Representation of
manufacturer (user) in $300,000 plus acquisition of manufacturing resource
planning computer system. |
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Representation of
manufacturer (user) in $425,000 plus acquisition of manufacturing resource
planning computer system. Hardware acquired from one source and software
from another. Contracts needed to tie the two together. |
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Representation of
medical offices (users) in acquisition of computer systems for their medical
practices. |
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Representation of
insurance company in $8 million plus dollar computer system acquisition.
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Representation of a
large contract research organization in examining government rights to
technical data developed by the research organization and exploring legal
considerations in the marketing of software. |
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Representation of
owner of computer system in developing a time sharing agreement allowing him
to sell time on his system to others. |
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Representation of
public library in packet radio acquisition for data communication between
bookmobile and the library's CPU. |
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Representation of
public library consortium in computer system acquisition with multiple
vendors. |
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Representation of
large association in acquisition of minicomputer for use in managing the
association's business computing needs. Hardware acquired from one source
and software acquired from another. Contracts needed to tie the two
together. |
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Representation of a
large users' association in the negotiations with the vendor in the
establishment of a source code escrow. |
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Representation of
numerous user clients from various industries in the preparation and
negotiation of software license agreements, software maintenance agreements,
hardware purchase agreements and source code escrow agreements. |
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Representation of
users in litigation arising out of user/vendor disputes involving computer
system acquisitions. |
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Representation of
software publisher in dispute concerning one of its distributors.
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Participation as
arbitrator in major user/vendor dispute involving large custom software and
computer hardware acquisition. |
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Representation of user
who desired to cancel order for $1.6 million hardware and software
acquisition. Hardware vendor claimed binding contract. Negotiations
involved letter of intent interpretation and related matters. Persuaded
vendor to issue letter acknowledging cancellation. |
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Representation of
large clothing manufacturer/retailer in dispute with its web hosting/web
development company; results included a full refund of all monies paid by
client. |
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Representation of
computer system user in dispute with time share company over rights to the
user's data. |
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Representation of an
organization (that relies heavily on computer software to do truck tariff
tracking and third party payment) in negotiations and settlement of dispute
with an independent consultant over the rights to certain computer software.
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Representation of an
insurance company in settling a dispute over a claim by an insured (user)
for licensed technology that was damaged in a fire. |
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Representation of
software developers in obtaining temporary restraining orders and
preliminary injunctions against infringers of the developers' proprietary
computer software. |
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Representation of several Amicus Curiae clients in a copyright infringement
case before the United States Supreme Court. |
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Representation of software industry trade association in software piracy
case. |
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Representation of
businesses in content acquisition for various media including digital media,
Internet applications, and marketing applications. |
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Representation of software developer in defense of a copyright infringement
claim. |
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Representation of large not-for-profit community organization in obtaining
copyright permission for several songs to be used in promotional video.
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Representation of clients in obtaining rights to creative works such as
computer software, books, multimedia, photographs, and articles.
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Representation of clients in perfecting security interests in copyrights.
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Representation of book author and sponsor in negotiations with book
publisher and book agent. |
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Representation of authors in contract negotiations with major New York City
publishers. |
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Representation of client, a copyright owner, in obtaining a Temporary
Restraining Order and Agreed Permanent Injunction concerning an infringement
of a literary work on the Internet. |
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Counseling clients on copyright registration and copyright law compliance
for computer software and computer documentation, Internet web sites, as
well as other works. |
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Representation of clients in the prosecution of copyright registration for
various types of works. |
| Representation of family
of famous author in protecting their copyrights against an infringer who
placed author's work on the Internet. Resulted in my obtaining a
Temporary Restraining Order ("TRO") against the infringer, then obtaining a
permanent injunction against the infringer. |
| Representation of
successful plaintiff in dismissing inappropriate appeal by defendant;
obtained appellate ruling informing lower court of its jurisdiction to hear
a motion for sanctions; obtained award on a motion for sanctions against the
attorney and his client. |
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Representation of large medical practice group
manager in user/vendor dispute with software provider which resulted in
software provider paying client in excess of $1 million, plus royalty free
license on replacement software, plus reduced cost for support, plus free
hardware to run the replacement software. |
| Representation of large retailer in mediation of a dispute
with computer hardware vendor over failed point of sale equipment;
resulted in vendor reimbursing retailer for their losses.
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| AAA Arbitrator since 1984 on information technology,
intellectual property (licensing), and large complex cases panels.
This experience includes serving as an arbitrator on many panels involved
with technology user/vendor disputes, IP, and/or licensing disputes. From
this perspective, Alan has been able to observe how other parties put
technology deals together, how they fall apart, and how other lawyers do
their lawyering. |
| Mediator in private mediations as well as federal court
appointed mediator. |
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Representation of several international and
national standards writing organizations as Amicus Curiae clients in
a copyright infringement case before the United States Supreme Court.
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Representation of trademark
owners in licensing of their trademark. |
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Representation of clients in
selection of trademark and prosecution of state and federal (United States
Patent and Trademark Office) trademark registrations including both use and
intent-to-use applications. |
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Representation of applicant
(a software developer) in a federal trademark inter parte opposition.
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Representation of clients
whose trademarks were infringed. |
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Representation of clients
defending cease and desist letters. |
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Representation of clients in
resolving Internet domain names disputes and cyber-squatting disputes.
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Representation of software
developer in acquisition of federally registered trademark from prior owner
of identical mark. |
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Representation of client who
desired to obtain the rights to a trademark registered in the United States
Patent and Trademark Office, negotiations with trademark owner, and
obtaining of assignment. |
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Representation of client who
was unknowingly using a federally registered trademark and who received a
cease and desist letter from trademark owner's counsel. Negotiated
settlement in which the trademark owner paid my client to stop using the
mark. |
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Representation of clients in
obtaining, prosecuting, and protecting trademarks, including Internet domain
names, in numerous industries. |