Published Articles
  1. The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

    The Art of the Deal: How to Draft and Negotiate an IP Deal; Part I

     
     
    I recently spoke at a CLE at my firm about how to successfully draft key provisions in an intellectual property license and negotiate them. Here is an edited transcript that I post in two pieces. In this first one I offer suggestions about drafting warranties, indemnities and limitations of liability and I also provider some drafting tips.

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  2. The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions

    The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions

     

    Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to negotiate intellectual property and technology transactions. The seminar will examine the difficult legal and business issues that often arise in software, copyright and trademark licenses, cloud computing and technology agreements.

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  3. Oral Argument in the Second Circuit in Aereo Suggests that a Reversal Is in the Offing

    Oral Argument in the Second Circuit in Aereo Suggests that a Reversal Is in the Offing


    The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more than 45 minutes) and spirited. The transcript is here. But the panel’s questions suggest the court may reverse and find that Aereo’s online transmission of live TV performances is an unlicensed public performance violating the Copyright Act.

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  4. Will Aereo’s Internet Streaming Service Survive Second Circuit Review?

    Will Aereo’s Internet Streaming Service Survive Second Circuit Review?


    Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist responds that its innovation is simply another authorized improvement in an evolutionary chain that benefits the public. These arguments are at play in ABC et al. v. Aereo and WNET v.

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  5. Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs

    Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs


     
    I will speak at a GOAL (Global Outsourcing Association of Lawyers) webinar on July 10, 2012 re one of the  most significant changes to the Internet, ICANN’s expansion of the namespace to include an unlimited new number of generic top-level domains (gTLDS) in any language.
    I will cover the following:
    a. Who applied for a gTLD  and why
    b.

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  6. As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black

    As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black


    Thankfully the Second Circuit in Viacom v. YouTube  has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to the “most important” issue the appellate court stated it faced, that court dropped the ball.
    The issue was whether the actual and red flag standards in § 512(c)(1)(A)(i) and (ii) of the DMCA each required actual knowledge of specific and identifiable infringements.

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  7. Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection

    Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection


     
    Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms of Online Attacks and Infringements. Information about the program is here.

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  8. Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.

    Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.


    Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C.  The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and Developments.” The program will take place on Thursday April 19, 2012 between 3-4 pm.
    Speakers with be Peter Jaszi, Professor of Law at American University Law School; David Perrot, Research Director at Decisionquest; Stanley Pierre-Louis, Vice President and Associate General Counsel for Intellectual Property and Content Protection at Viacom Inc.; and Mozelle Thompson, former Commissioner of the Federal Trade Commission and CEO of Thompson Strategic Consulting.

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  9. Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement

    Presentation at MENG Chapter on Protecting Your Brand and Intellectual Property from Online Infringement

    Andrew will speak at a MENG (Marketing Executives Networking Group) NY chapter meeting on Tuesday evening February 7, 2012, on protecting your intellectual property from new forms of online infringements and brand attacks. The transcript of the talk is here. This is an outline of some of what he will cover.
    Andrew will discuss why global infringement is a increasing and what brand owners can do to combat it.

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  10. Should You Apply for an ICANN Top-Level Domain: the Benefits and the Pitfalls

    Should You Apply for an ICANN Top-Level Domain: the Benefits and the Pitfalls


     
    Now that the window has opened for submitting new top-level domain name applications, should you apply? Before tying to answer that question, a little background.
    The Internet Corporation for Assigned Numbers and Names, or ICANN, that regulates the use of Internet domain names announced last June that it would open the field of generic top-level domains (“gTLD”), the identifiers to the right of the dot (.com, .biz, .org) from the current 22 to any word in any language.

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