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. Why Technology Projects Fail

    Why Technology Projects Fail

     
    Introduction by Andrew Berger 
    I am pleased to host a guest blog post by Robert Kotch. Bob is an experienced management consultant and business executive with extensive background in business strategy development and deployment, financial management and technology leadership. His experiences include integrating diverse IT organizations, serving as CIO and financial head of a division of a Fortune 50 company, and many technology focused successes including CIO and executive team coaching, web strategy development, IT process deployment, business process improvement, management of major programs and evaluation of acquisition targets.

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  5. 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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  6. Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks

    Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks


    Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of online infringement and brand attacks. But first a word of warning. My talk runs for about 45 minutes and therefore this is a long post. Here is a quick overview of what I cover.

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  7. Guest Blog Post by Mark Grossman: A How-To Guide for Negotiating Tech Deals

    Guest Blog Post by Mark Grossman: A How-To Guide for Negotiating Tech Deals

     
    Introduction by Andrew Berger
    Negotiating tech deals is a bit like trying to navigate through uncharted waters. There are no statutes or regulations to guide the voyage. Instead as my colleague Mark Grossman in his guest post explains below, negotiating a tech deal requires an understanding of unwritten industry norms. Armed with that understanding, you can push in those areas where you may have an impact and, as Mark aptly says “choreographing your concessions around areas where you’re not likely to win the battle anyway.”
    Mark explains a number of invaluable “How Tos,” including how to draft a warranty to protect against the unexpected; how to protect against a loss when the unexpected occurs; how to limit the limitations on liability and how to avoid the tendency to see the deal’s starting point as the vendor’s form.

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  8. Designing Your Web Site to Avoid Copyright and Trademark Problems, Published in Guild News, July/August 2000

    Designing Your Web Site to Avoid Copyright and Trademark Problems, Published in Guild News, July/August 2000

     

    Web site design is big business but may also expose you and your graphic designer to big problems. If you choose the wrong domain name, post material on a site that infringes another’s trademark, or link to a site that you know contains pirated material, you and your client may be subjected to embarrassing and expensive litigation.

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