Business Law Section Committee
The Technology and Venture Law Committee is a committee of the Business Law Section which focuses on the law and business of technology and emerging growth industries. Our members include practitioners, corporate counsel, government and venture lawyers.
We organize events, create and sponsor CLE programs, write articles, and comment on and draft legislation that affects the growth of these industries. Our committee has existed for over 20 years and our members have had a profound effect on the development of technology law in New York and nationally.
Join us and get to know some of the smartest, best connected venture and technology lawyers in New York!
As approved December 28, 2005
Focus: The Committee focuses on legal issues relating to the use, development and protection of technology, the impact of new technologies on business law practice and the new industries created by advances in technology.
Activities: The Committee provides a forum for discussion and analysis of evolving issues at the intersection of technology, information law and business, including the protection of intellectual property, computer systems security, outsourcing, drafting issues and effective use of law office technology; challenges relating to representing clients in early stage and newly-emerging industries, such as analyzing the impact of the convergence of business and entertainment systems, the uses of mobile devices, the impact of developments in biotechnology and analysis of possible revenue models that promise to support sustainable corporate development. We also review, analyze and comment on proposed legislation involving these issues.
Meetings: The Committee meets in conjunction with Business Law Section Meetings, Annual New York State Bar Association meetings, and at other times throughout the year, including sponsoring CLE-accredited programs with guest speakers.
Members: Members include lawyers in private practice, corporate counsel and lawyers in civil service whose practices involve legal issues relating to the development, protection, use and abuse of new technology. The Committee was formed in 1981 as the Computer Law Committee, making it one of the earliest technology focused legal groups in the New York State Bar Association. Many of the original members, whose careers span the growth of computer and digital technology, attend our regular meetings and contribute their wealth of experience to every discussion.
Committee Activity in Review
Timeline of Technology and Venture Law Committee Activity
Spring Meeting in NYC – well attended. Speakers Robert Clarida – Music Licensing Online: Who Pays for What? and Sanjay Gandhi – Do you know the Exit Hurdle? Advising Companies in a Changing Market.
5/9/2014 – Event: Recent Developments in Intellectual Property Law and Early-Stage Financings.
Yuval Marcus, a partner at Leason Ellis, spoke about patent, trademark and copyright issues and cases, including Alice Corp. v. CLS Bank (whether claims to computer-implemented inventions are eligible subject matter for patent purposes, a matter recently decided in the negative by the U.S. Supreme Court) and Petroliam Nasional Berhad v. GoDaddy.com, Inc. (whether the Anticybersquatting Consumer Protection Act provides for a cause of action for contributory cybersquatting; cert. petition pending before the U.S. Supreme Court). Shalom Leaf, the Chair of the Committee, spoke about current developments in angel and venture financings.
5/10/13 – Event: Academic Tech Transfer Deals: University and Company Perspectives
Many tech and biotech companies are founded in order to develop and exploit innovative university technologies. Other companies enter into research, licensing, equity or other arrangements with academic and research institutions at a later stage. This program discussed key elements of these transactions and related legal issues, from both the institutional and company perspectives.
- Joseph Daniels, Loeb & Loeb
- Karen Hui, Associate General Counsel at Columbia University
- Andrew Koopman, Manager, New Venture Development, New York University Office of Industrial Liaison
- Shalom Leaf, Shalom Leaf, PC, New York, NY
- Andrew D. Maslow, Attorney in private practice, formerly Executive Director of Office of Technology Development at Sloan-Kettering
- Donna See, Director, Columbia Technology Ventures
1/23/13 – Event: Jeffrey W. Rubin provides the latest information and insights on crowdfunding and other JOBS Act initiatives relating to raising funds from large groups through alternatives to traditional public offerings, including the recent SEC rules regarding general solicitation in certain Reg. D private offerings. David Postolski, focuses on reward-based fundraising sites like Kickstarter or RocketHub, including legal and business traps that can catch unwary fundraisers and their counsel.
5/9/2012 – Event: Protecting Your IP While Using Social Media
Learn the latest strategies for protecting intellectual property rights when employees, licensees and distributors, domestic and foreign, take advantage of social media websites.
Topics include choosing between internal hosting or third-party social media sites for user-generated content, quality-control provisions in cross-border and domestic licensing agreements and their relationship to trademark usage guidelines, social media policies and best practices.
Speaker: Matthew D. Asbell, Esq., Ladas & Parry in New York City
1/25/12 – Event: Beyond the Basics: Personnel Pitfalls and Solutions for the Early-Stage Tech Start-Up
What are the key personnel-related legal issues for early-stage tech start-ups? How should you be counseling clients about their treatment of personnel as independent contractors or employees and their classification of employees? How should restrictive covenants be structured? What legal constraints limit the effectiveness of typical IP assignment clauses? What are the lessons of Stanford v. Roche for start-up lawyers? How do ISOs, non-qualified options and restricted stock differ in their business, tax and accounting implications? What are some of the principles and pitfalls of equity valuations? When should a start-up commission a professional valuation and when will an internal valuation suffice? How are stock appreciation rights and other less-common equity alternatives being employed by start-ups? How do equity compensation arrangements for LLCs differ from those of C corporations?
This panel presentation inaugurates our Committee’s projected series of “Beyond the Basics” CLE programs about common start-up legal issues and arrangements.
We aim to cover the fundamentals from a practical, up-to-date, multi-disciplinary perspective that takes account of recent developments and our experts’ experience with lesser-known issues and alternatives.
The session beings with a brief outline of key personnel-related issues in the early-stage start-up. Next, we discuss the consequences of employee misclassification and the factors employers should be considering in determining whether personnel are independent contractors or employees and whether employees are exempt or non-exempt. We then focus on legal strategies to protect company information and personnel from competitors, including selected provisions of a typical Assignment, Confidentiality and Non-Competition Agreement.
The second half of our session covers equity plans and equity compensation from corporate law, tax, accounting and valuation perspectives. We focus on ISOs, non-qualified stock options and restricted stock, but we also cover some less common equity compensation alternatives.
We offer our views on the questions posed above – among others – and engage the views of Committee members and guests in a lively, informative and far-ranging discussion.
- Sanjay Gandhi, General Counsel, Oxford Valuation Partners
- Joel J. Greenwald, Greenwald Doherty LLP
- Shalom Leaf, Shalom Leaf, PC
- Martin F. Murray, Murray & Josephson, CPAs, LLC
5/13/11 – Event: New York Tech: The VC View
To effectively represent technology companies and their constituents, lawyers must understand the industry climate in which their clients operate. Join us for the first in our series designed to educate legal counsel on the state of the technology industry in New York.
Since before the dawn of the personal computer, New York has had a technology industry. But without the billion dollar success stories, the City’s industry has never really competed with Silicon Valley. But now, with companies like Second Market, Twitter, Etsy and FourSquare, a new day has dawned and, along with it, new deal structures. The days of multimillion-dollar pre-revenue fundings may be gone, but companies ARE getting the attention of a wider range of venture capitalists.
Get the latest insights on how venture capital is backing NY’s tech industry. Learn what deals are being done, what it takes to get funded, and how company lawyers can help pave the way from first interest to a closed deal.
Moderator: David Caplan, Esq.
Law Offices of David S Caplan
Chair, Technology & Venture Law Committee
- Steven Masur, Esq. – Managing Partner, MasurLaw
- Owen Davis – Managing Director, NYC Seed
- Steve Brotman – Managing Partner, GSA Venture Partners
- Brad Hargreaves – Founding Partner, General Assembly
- Lori Smith, Esq. – Partner, Sedgwick, LLP
4/20/10 – Event: Mobile Applications
Ever since Apple launched the App Store on the iPhone, people have been crazy about the mobile apps. As a result, apps are now more widely available on the Android, Blackberry and many other mobile phone platforms. A developer must consider issues concerning contract law, intellectual property protection, corporate law and user privacy when creating a new app. This panel will discuss the legal concerns that every mobile app developer should consider before bringing a new app to the market.
Moderator: Jonathan Lutzky, Esq., MasurLaw
- Simon Buckingham – Mobile Streams Appitalism
- Dan Cohen – DaDa Mobile and Playme.com
- Hugh Dornbush – omgicu
- Kunal Gupta – Polar Mobile
5/7/09 – Event: Getting Your Early Stage Venture Off the Ground
The barriers to launching a technology venture are lower than they’ve ever been, and the time to launch is now, while things are cheap. Savvy entrepreneurs are leveraging the power of open source tools, outsourced labor and guerilla marketing techniques to help them build quickly for success. This panel addressed the minimum setup needed to build an early-stage company on a solid foundation. Topics included LLCs versus S Corps, founders agreements, the best tax set up, taking investment, employment and contractor agreements, stock option plans, trademarks, terms of service, privacy policies and more.
Moderator: Jonathan Lutzky, Esq. of MasurLaw
- Mark Davis of DFJ Gotham Ventures
- Douglas Sipe, CPA, Frits Abell of Progress Partners
- David Friedensohn of BigStar Entertainment, formerly of Upoc Networks, SonicNet and Viacom
1/28/09 – Event: Update on New York Venture and Technology Market and Trends and Techniques in Litigation Readiness and eDiscovery.
This program provided insights into understanding the litigation timeline, potential pitfalls in eDiscovery and the current legal landscape dealing with search methods. Jeff Seymour and Brandon Lee from Deloitte presented about their firm’s analytic and forensic services, including the litigation timeline, search methodologies and early case assessment. In addition, important eDiscovery federal court developments concerning best practices, attorney and client sanctions, as well as practical pointers, and pitfalls to avoid, were presented by Committee member Richard Weltman, founding partner of Weltman & Moskowitz, LLP, a business and bankruptcy litigation attorney serving clients throughout New York and New Jersey. Steven Masur, Chair of the Committee also addressed the technology and venture markets in a weakening economy and predicted what to expect in New York early stage finance in 2009.
1/28/09 – Co-Sponsor with Corporate Counsel Section Annual Meeting Program: E-Discovery and E-Record Management
Topic 1: E-Discovery Litigation: This panel was produced by committee members Micalyn Harris, Conal Murray and Richard Raysman.
Panel Chair: Wayne McNulty – Senior Associate Counsel, New York City Health & Hospitals Corporation, New York City
Panelists of United States Magistrate Judges from the Southern District of New York:
- Hon. James Francis IV
- Hon. Frank Maas
- Hon. Andrew Peck
- Arthur Linker – Partner, Litigation and Dispute Resolution and Co-Chair of the Electronic Discovery and Evidence Practice, Katten Muchin Rosenman LLP, New York City
- Mark Sidoti – Director, Business and Commercial Litigation and Chair of the E-Discovery Task Force, Gibbons P.C., New York City
Topic 2: Preparing for a Brave New Electronic World: E-Document Management Before, During and After Litigation.
Panel Chair: Rachelle Stern – Senior Counsel, Macy’s, Inc., New York City
- Mark Grossman of eComputer Law
- Eva Jerome of Bryan Cave LLP
- Edward Reich of Sonnenschein Nath & Rosenthal
Topic 3: E-Technology
Panel chair: Richard Raysman of Otterbourg, Steindler, Houston & Rosen P.C.
- Rajiv Mukerji of Collaborative Technology Solutions Smart Solutions Inc.
- Gene Eames, of Data Analytics, SPi Legal
Topic 4: E-Record Management
Panel chair Howard Shafer of Shafer Glazer LLP
- Kenneth Rashbaum – Director of Consulting, FIOS
- Susan Trombley of Iron Mountain Consulting Services
Topic 5: What To Do Before the Hold Requirement Arises and What To Do When The Case Comes In
Panel chair Micalyn Harris of Winpro, Inc.
- Rachel Stern – Senior Counsel, Macy’s Inc.
- Stuart Cobert – Deputy General Counsel, Litigation and Antitrust, Unilever
- Walter Klasson – elected as Business Law Section Executive Committee Rep
- Alan Reitzfeld – elected as Business Law Section Executive Committee Rep
- David Mazur – elected as Co-Chair Programming
- Matthew Asbell – elected as Co-Chair Publications
9/17/08 – Event: The Legal Issues of Social Media and Social Networking Sites.
Discussion of the legal issues, applicable laws and the legal and commercial way forward for social media and social networking sites.
- Steven Masur of MasurLaw
- Jonathan Lutzky of MasurLaw
- Andrew Weinreich of MeetMoi, formerly of Six Degrees, the first social networking site
- Jeffrey Merrill Liebenson of Herrick Feinstein LLP
5/22/08 – Event: Viral Marketing, Advertising and Mobile Promotions – What’s the Law, What’s the Practice?
Social media sites are going mobile, and many great new services are taking advantage of mobile phones to reach customers. There are direct marking plays, advertising plays, text-to-win services and social “testimonials,” which harness the strongest of all consumer triggers –the personal recommendation. What laws apply? Who will police all of this new interaction? This panel discussed the law, as well as the benefits and drawbacks of being well connected.
Moderated by Steve Masur of MasurLaw
- David Friedensohn of BigStar Entertainment Inc.
- Peter Lurie of Virgin Mobile USA
- Salil Gandhi of Joost
1/30/08 – Event: Social Media Sites: What is Their Liability for User – Submitted Materials.
Discussion of what liability could attach to TheFunded.com as a result of user generated content and comments posted on the site, including negative comments posted about VCs, what the SEC has to say about the posting of investment terms, the issues a site featuring user generated content faces, ways to best minimize its liability and how the www.roommates.com case changed the landscape.
A fireside chat with:
- Mark Anderson of MasurLaw
- Adeo Ressi of TheFunded.com
1/08 – Steven Masur elected as committee chair.
5/3/07 – At the Committee meeting, there was a presentation on “The History of Metadata and its Role in Today’s World,” by Anthony Reyes, CEO of the ARC Group of New York. There was also a joint presentation on “Metadata is Evidence” by Leslie Wharton, Partner, Arnold & Porter, LLP and Michael McGowan, Director, Digital Forensics and Investigations, Stroz Friedberg, LLC and a presentation on “Metadata and Metaethics” by Martin Ricciardi, Partner, Whiteman Osterman & Hanna LLP.
1/24/07 – At the Committee meeting, an update by Martin Ricciardi on the Trademark Dilution Revision Act of 2006 and a presentation by Daniel Hurteau of Nixon Peabody, LLP on “The New Federal e-Discovery Rules.”
5/10/06 – The section’s Information and Technology Law Committee held its Spring Meeting at the Harvard Club of New York City. The Committee’s Chair, Martin Ricciardi of the law firm Whiteman Osterman & Hanna LLP, Albany, New York, led the meeting and discussed the Section’s recognition of the Committee’s recent actions to change its name from the Internet and Technology Law Committee to the more inclusive Information and Technology Law Committee, and to modernize and broaden its mission statement. Committee member David Shapiro updated the Committee on the status of the software litigation survey they sponsored last year. The Committee also authorized Mr. Shapiro to explore ways to complete the survey and fulfill the Committee’s intent to make the survey results a useful tool for practitioners.
The Committee heard informative and practical presentations by Thomas Cohn, Senior Assistant Regional Director of the Federal Trade Commission, Northeast Region, and Stephen Kline, Assistant Attorney General, Internet Bureau, of the New York State Office of the Attorney General. Mr. Cohn gave a thorough overview of the federal CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) and its associated regulations, which establish requirements for those who send commercial email, and penalties for those who do so without complying with the law. Mr. Cohn distributed useful informational materials on protecting oneself from illicit spammers and Web marketers. Mr. Kline also made an engaging presentation about the efforts of New York State Attorney General Eliot Spitzer’s office to guard New Yorkers against losses of privacy and breaches of data security. Mr. Kline covered in detail the provisions of New York’s data breach notification laws (the Information & Security Breach Notification Act, New York General Business Law Art. 39-E) as well as similar efforts in effect in 27 other states. The intimacy of the Committee forum allowed for dynamic exchanges between Committee members and the presenters. More than a dozen Committee members and their guests earned 1.5 CLE credits by attending this session – Martin Ricciardi, Chair.
1/25/06 – The Committee changed its name from the Internet & Technology Law Committee to the Information Law Committee, reflecting the experience of those working in the field who engage in issues beyond those implied simply by reference to the “Internet.”
12/28/05 – At the Committee meeting, there was a discussion of the Committee mission statement as well as a discussion of the Committee name change. There was also a solicitation of program topics.
5/4/05 – Event: Mobile Media and Entertainment: All the Other Things You Can do With Your Cell Phone and Where the Money Is.
In the past few years a global media and entertainment industry with distribution directly to mobile phones has been growing in Europe and Asia. Now it is growing in the United States. How exactly is it growing? How will these media products translate into the U.S.? What are the opportunities? What are the copyright law issues? The panelists discussed what is happening in this new and exciting area of practice.
- Steven Masur of MasurLaw
- Andrew McCormick of MasurLaw
- Jeffrey Liebenson of KMZ Rosenman
- Robert Auritt of the Harry Fox Agency, Inc.
1/26/05 – At the Committee meeting, there was a sponsorship of the Capsicum Software Litigation Survey by David Shapiro and a presentation on The Current Issues in Software Licensing by Julian Millstein.
4/29/04 – At the Committee meeting, Eric Friedberg, Executive Vice President and General Counsel of Stroz Friedberg, LLC spoke on “Computer Investigations, Computer Forensics and Other Electronic Challenges.”
6/04 – Martin Ricciardi elected as committee chair.
4/22/02 – At the Committee meeting, reports were given by Jullian Millstein of the E-Commerce Subcommittee, Catherine Napolitano of the Securities Law Issues Subcommittee, Steven Masur of the Entertainment and Transactions Committee, Robert Yellen and Steven Masur of the Web Site Planning and Materials Subcommittee, Martin Ricciardi of the Trademarks in Cyberspace Subcommittee, Walter Klasson of the Privacy and Security Subcommittee, and Sonia Miller of the Program Subcommittee. There were also discussions on the “Legal Limits of Enforceable Licenses, State of New York v. Network Associates” led by Martin Ricciardi and “Digital Piracy – Can we enjoy reduced costs without losing the ability to commercialize? Digital Rights Management for Digital Cinema, A Case Study” led by Micalyn Harris.
12/12/01 – On the recommendation of the Committee, the Business Law Section submitted a Letter to Hon. Helen Weinstein, Chair of the Judiciary Committee for the New York State Assembly, opposing adoption of the proposed A.7902 and its Senate companion bill, S.5251 (the “anti-UCITA” legislation”). The Committee noted that the legislation would direct New York courts to refuse to enforce contracts governed by the law of states that adopted the Uniform Computer Information Transactions Act (UCITA), and that such refusal potentially constituted a violation of the full faith and credit clause of the U.S. Constitution. The proposed legislation was not adopted.
6/01 – Micalyn Harris elected as committee chair.
4/25/01 – At the Spring meeting, the Committee engaged in an extensive discussion of A7902, an act introduced in the New York State Assembly that proposed to amend the general obligations law to provide that computer information transaction contracts be interpreted in accordance with New York state law when the contract was entered into in a state that had adopted the Uniform Computer Information Transaction Act (“UCITA”) and/or the contract was, by its terms, governed by UCITA. Walter Klasson reported on privacy developments in the U.S. and E.U. and various cases of interest. Robert Yellen updated the Committee on the status of the Bar Association’s new website and gave the Subcommittee on Legislation’s report on legislation regarding cyberterrorism, online privacy, and antispam. Travis Gering gave the Securities Subcommittee’s report on electronic signatures and the sharing of information relating to privacy. Steven Masur gave the Entertainment Subcommittee’s report on the Napster case and also gave the Computer Finance, M&A and Deals Subcommittee’s report on “dot.com” exit strategies. Julian Millstein of the E-Commerce Subcommittee distributed written reports, as did Thomas Glascock of the Taxation in Cyberspace Subcommittee. Martin Ricciardi, chair of the Subcommittee on Trademark Usage in Cyberspace, gave a report on recent cases concerning trademarks in cyberspace and outlined the legal limits of enforceable licenses based on pleadings filed by the Attorney General of the State of New York in State of New York v. Network Associates.
4/12/00 – At the Spring meeting of the Committee, reports were given by Tricia Semmelhack of the Copyright Subcommittee, Steven Masur of the Computer Finance Subcommittee, Tom Pitegoff of the Cyberspace Jurisdiction Subcommittee, Elisabeth Logeais of the EC Developments Subcommittee, Julian Millstein of the E-commerce Subcommittee, Mallen Lowy and Michael Rose of the E-casing Subcommittee, Travis Gering of the Entertainment Law Subcommittee, Susan Wanderman of the Legal Research Online Subcommittee, Robert Yellen of the Legislation Subcommittee, Micalyn Harris of the Licensing and UCC Subcommittee, Walter Klasson of the Privacy and Security Subcommittee, Jon Gaynin and Travis Gering of the Securities subcommittee, Thomas Glascock of the Taxation in Cyberspace Subcommittee and Martin Ricciardi of the Trademark Usage in Cyberspace Subcommittee. There was also the formation of the Special Committee on Cyberspace Law.
4/27/99 – At the Spring meeting of the Committee, the Subcommittee Chairs gave reports. The Computer Finance, M&A and Deals chair, Steven Masur discussed Internet company IPO’s. The Cyberspace Jurisdiction chair Thomas Pitegoff discussed the decisions in Millennium Enterprises, Inc. v. Millennium Music, LP and Barrett v. The Catacombs Press. The Legal Research Online chair Susan Wanderman reported on the status of her search for an online legal research index as distinguished from a search engine. The Licensing and UCC chair Micalyn Harris led a discussion on the announcement by the National Conference of Commissioners on Uniform State Laws and the American Law Institute that rules for computer information transactions will not be promulgated under Article 2B o the UCC. Instead, the National Conference of Commissions on Uniform State Laws will promulgate rules for the adoption of the states in the form of a Uniform Computer Information Transactions Act. The Privacy and Security Subcommittee chair Walter Klasson led a discussion on the privacy issues in transactions. He also discussed the concerns related to the serial numbers in Pentium III processors and numbers in MS Word documents. The Securities Subcommittee Co-chair Travis Gering reported on recent developments involving Rule 504, Regulation D of the Securities Act of 1933, which could ultimately affect capital formation of high tech entrepreneurs. There was also a discussion about alternative exchange activities. The Trademark Usage in Cyberspace chair Martin Ricciardi reported on Niton Corp. v. Radiation Monitoring Devices, Inc. and Brookfield Communications v. West Coast Entertainment Corp.
March-April 1999 – First issue of the Internet and Technology Law Committee Newsletter published.
3/9/99 – Report of the Licensing and Uniform Commercial Code Subcommittee regarding the adoption of the proposed UCC Article 2B. The subcommittee recommended supporting the legislation on the ground that it would be, on balance, advantageous to have a uniform set of state laws governing licenses of the intangible intellectual property utilized in computers, including hardware, software and other computer information.
1/27/99 – At the Committee meeting, Tricia Semmelhack provided an update on the Digital Millennium Copyright Act (Public Law 105-304), including a discussion on the extension of the copyright period, the implementation of WIPO treaties, and the effect on the holding of MAI Sys. Corp. v. Peak Computer Inc. Ms. Semmelhack also updated the status of State Street Bank & Trust Co. v. Signature Financial Group, Inc., which involved a patent for a data processing system. Elizabeth Logeais also provided an update on various issues being discussed in the E.U., including the issue of whether software should be patentable as well as the “community patent.”
- Alan Reitzfeld elected as committee chair
- Julian Millstein – E-Commerce Subcommittee chair
- Thomas Glascock – Taxation in Cyberspace Subcommittee chair
- Martin Ricciardi – Trademark usage in Cyberspace Subcommittee chair
- Walter Klasson – Privacy Subcommittee chair
- Joe Puntoro – Franchises Subcommittee chair
- Robert Yellen – Insurance Subs. Subcommittee chair
- Steve Masur – Computer Finance, M&A and Deals Subcommittee chair
- Thomas Pitegoff – Cyberspace Jurisdiction Subcommittee chair
- Susan Wanderman – Legal Research Online Subcommittee chair
- Micalyn Harris – Licensing and UCC Subcommittee chair
- Travis Gering – Securities Subcommittee Co-chair
1/24/96 – At the Committee meeting, Alan Reitzfeld made a presentation on the recent developments in Repetitive Stress Injury litigation, including Fletcher v. Atex, Parajecki v. IBM, Gonzales v. Atex, and Doll v. DEC. Tom MacBlain, chair of the Intellectual Property sub-committee presented an overview of recent developments in the law including recently enacted federal trademark dilution legislation, a discussion of the Supreme Court’s decision in Lotus v. Borland, copyright infringement litigation involving computer program infringement of copyright in a written work, infringement by an unlicensed user of a licensed program, infringement by on-line services, and infringement of derivative works by bulletin board operators. Richard Field made a presentation on the developments in electronic commerce, mainly focusing on information security and encryption technology. Alan Reitzfeld also mentioned the White Paper, a report issued in September 1995 by the Clinton Administration’s Information Infrastructure Task Force, which contained proposals related to the protection of Intellectual Property in new digital technologies. Alan Reitzfeld also proposed the creation of an Internet Law subcommittee.
6/19/95 – Event: NYSBA presents Cyberlaw: A Symposium on Intellectual Property Aspects of the Internet.
Moderated by John B. Kennedy of Skadden, Arps, Slate, Meagher & Flom
- Daniel Burstein of the Blackstone Group
- Harry Johnston, II of Time, Inc.
- Adam B. Landa of Ostrolenk, Faber, Gerb & Soffen
- Julian Millstein of Brown, Raysman and Millstein
- P. Michael Nugent of Citibank
- Maria A. Pallante of National Writer’s Union
4/13/95 – At the Spring Committee meeting, Thomas MacBlain reported on patent/copyright protection for software in case law since Computer Assoc. v. Altai. Lance Rose led a discussion on how allowing employees a privacy interest in e-mail may help a business organization. Walter Klasson also formed a group to prepare a white paper on U.S. privacy laws. Micalyn Harris reported on a Columbia Law Review Manifesto suggesting modification of semiconductor chip protection to provide phased protection, first to grant intellectual property protection for a limited period of time to prevent cloning and then to provide mandatory licensing. Julian Millstein led a roundtable discussion of Lotus Development Corp v. Borland Int’l Inc. followed by a discussion of the proposed Exon Bill and related First Amendment issues.
2/95 – Lance Rose wrote “The Emperor’s Clothes Still Fit Just Fine” for Wired Magazine, which discussed the copyright law issues associated with piracy on the Internet.
2/95 – Lance Rose published Netlaw: Your Rights in the Online World, the first book on Internet law, which identified the legal issues that face individuals, corporations, system administrators, and online service providers as they move online and as the online world grows. The book also included case studies of important cases and issues.
1994: 6/94 – Julian Millstein elected as committee chair.
9/13/93 – At the Committee meeting, a discussion and review of the “White Paper: The Enforceability of Shrink-Wrap Licenses” by Julian Millstein. A discussion of potential projects by the Subcommittee on Computer Crime and Security by Walter Klasson and a presentation by Gerard Dyle, Jr. on “Exporting Computers, Software and Technology: U.S. Export Controls and Procedures.”
6/25/93 – Request by Walter Klasson to change the committee name from the Computer Law committee to the Subcommittee on Computer Privacy and Security due to the increasing interaction between computer technology and concepts of privacy and security.
8/92 – Lance Rose and Jonathan Wallace published Syslaw: Your Bbs and the Law: A Sysop’s Legal Companion. The book explains the legal rights and responsibilities of running a BBS, providing sysops with the information they need to protect themselves and their BBS users. Topics covered in the book include the Electronic Communication Privacy Act, trademark rights, the liability issues viruses raise, and search and seizure of your BBS.
4/30/92 – At the Committee meeting, reports by Computer Crime and Security chair Walter Klasson, Contracts and Licensing chair Robert Ganz, Intellectual Property chair Julian Millstein, Litigation chair, Alan Reitzfeld and Telecommunications chair Thomas MacBlain. There was also a presentation on “Shrink Wrap License Task Force: Enforceability in light of Step-Saver v. Wyse and Computer Associates International, Inc. v. Altai Inc.: Rejection of the Whelan Approach.”
1/23/91 – A talk by Joachim Fleury, Esq. entitled EC Software Directive: A European Perspective. Mr. Fleury discussed the history of the directive, the ensuing the debate, the co-operation procedure under the EEC treaty as well as the terms of the proposed directive as per the common position.
- Eleanor Janosek Doyle elected as committee chair
- Walter Klasson – Computer Crime and Security Subcommittee chair
- Julian Millstein – Intellectual Property Subcommittee chair
- Alan Reitzfeld – Litigation Subcommittee chair
- Thomas MacBlain – Telecommunications chair
11/16/88 – The Committee cosponsored an event with the Committee on Continuing Legal Education entitled “Computer Law: Practical Approaches to the Acquisition and Marketing of Computer Goods and Services.” Leslie Foschio presented on “Standard Software License Agreements,” Michael Hutter presented on “Current Trends in Software Protection,” Richard Raysman presented on “Software Development and Mass Market Software Contracts,” Hamish Sandison presented on “International Computer Technology Distribution, Licensing, and Database Access,” Eleanor Janosek Doyle presented on “Practical Approaches to the Acquisition of Computer Hardware,” Alan Reitzfeld presented on “High Technology Litigation,” and Gary Schober presented on “Forming the High Technology Corporation.”
4/25/88 – At the Committee meeting, there were reports on the status of Lotus v. Paperback and Apple v. Microsoft litigation by Robert Ganz, a report on N.Y. State Bill § 5261 Warranties on Personal Computers by Walter Klasson, Report on § 1626 Intellectual Property Bankruptcy Act by Tricia Semmelhack and Julian Millstein, a report on “How to Buy a Computer System” pamphlet project by Richard Solomon and a report on the Computer Litigation Subcommittee by Alan Reitzfeld. There were also presentations on the “Validity of Shrink-Wrap Licenses” by Eleanor Janosek Doyle, Attorney for Digital Equipment Corporation and the “Protection of Software Under the New York State Freedom of Information Law” by Laurence E. Stevens, Esquire, Associate Attorney, Bureau of Law, New York State Department of Taxation and Finance.
10/28/87 – The Committee cosponsored an event with the Committee on Continuing Legal Education “Computer Law: Practical Approaches to the Acquisition and Marketing of Computer Technology and Services.” Leslie Foschio presented on “Standard Software License Agreements,” Michael Hutter presented on “Current Trends in Software Protection,” Robert Ganz presented on “Software Development Contracts,” Julian Millstein presented on “Obtaining or Transferring Title to Software,” Terence Brennan presented on the “Practical Approaches to the Acquisition of Computer Hardware,” Alan Reitzfeld presented on “High Technology Litigation,” and Gary Schober presented on “Forming the High Technology Corporation.”
10/22/86 – The Committee cosponsored an event with the Committee on Continuing Legal Education entitled, “Computer Law: Practical Approaches to the Acquisition and Marketing of Computer Goods and Services.” Leslie Foschio presented on “Standard License Agreements,” Paul Hoffman presented on “Current Trends in Software Protection,” Robert Ganz presented on “Software Development Contracts,” Frank Aiello presented on the “Mass Market Distribution of Software,” Terence Brennan presented on the “Practical Approaches to the Acquisition of Computer Hardware,” George Barnett presented on “High Technology Litigation,” and Gary Schober presented on “Forming the High Technology Corporation.”
05/86 – Hon. Leslie Foschio elected as committee chair.
4/17/86 – At the Committee meeting, reports from Robert Ganz of the Legislation Subcommittee, George Barnett of the Commercial Liability Subcommittee, Frank Aiello of the Intellectual Property Rights Subcommittee, Thomas Valenti of the Computer Related Evidentiary Procedure Subcommittee, Joseph Rosenbaum of the Telecommunications Subcommittee, Walter Klasson of the Computer Crime and Security Subcommittee, and Robert Pearl of the Publications Committee. There were also presentations by Paul Hoffman on Handling Software in Corporate Acquisitions and Mergers and George Barnett on Current Tax Issues Affecting Computers.
12/81 – Richard Raysman elected as committee chair.
10/2/81 – At the Committee meeting, a report by Julian Millstein on the legislative approaches relating to Computer Crime.
9/22/81 – Report of the “Tax Consequences of Leasing, Purchasing and Selling Computer Hardware and Software” by George Barnett to the Subcommittee on Computer Law.
4/9/1981 – Julian Millstein presented a report on a proposed computer crime bill, which after careful analysis he concluded should be disapproved by the subcommittee. Victor Siber also issued a report on the new Copyright legislation, which included computer programs as copyrightable works.
1/21/81 – Discussion of Computer Crime Legislation at the meeting of the Computer Law Subcommittee of the Banking, Corporation and Business Law Section.
10/16/80 – A proposed New York State Computer Crime Bill (A-10141) was reviewed by the subcommittee with some discussion relative to the merits of the bill. In addition to the discussion of the bill, Barbara Behr prepared a paper entitled “Prospective Computer Security Legislation.” Additionally, Thomas Valenti presented a paper entitled “Summary of 1979 and 1980 New York Statutes and Cases Concerning Computers.” Thomas Valenti also reported on a new Banking Law Section 36 (3-a), which requires the superintendent of banks to examine every New York banking organization and licensed lender’s method of computing interest and payments with respect to loans and time accounts.
Originally known as the Computer Law sub-committee, the Technology and Venture Law Committee was formed as a sub-committee to the Business Law Section to address software licensing and computer crime laws.
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