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Technology and Venture Law Committee Timeline
1978-1990
1991-2000
2001-Present
2012:
5/9/2012 - Event: Protecting Your IP While Using Social
Media
Free! Download
audio recording now (Business Law Section members
only)
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
Free! Download audio recording now (Business Law
Section members only)
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.
Panelists:
- Sanjay Gandhi, President, Oxford Valuation
Partners
- Joel J. Greenwald, Greenwald Doherty LLP
- Shalom Leaf, Shalom Leaf, PC
- Martin F. Murray, Murray & Josephson, CPAs,
LLC
2011:
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
Panelists:
- 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
2010:
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
Panelists:
- Simon Buckingham - Mobile
Streams Appitalism
- Dan Cohen - DaDa Mobile and
Playme.com
- Hugh Dornbush -
omgicu
- Kunal Gupta - Polar
Mobile
2009:
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
Panelists:
- 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
Attorney Panelists:
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
Panelists:
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.
Panelists:
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
Panelists:
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.
Panelists:
Rachel Stern - Senior Counsel, Macy's
Inc.
Stuart Cobert - Deputy General Counsel,
Litigation and Antitrust, Unilever
1/09:
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
2008
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.
Panelists:
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
Panelists:
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:
1/08 - Steven Masur elected as committee chair.
2007
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.”
2006
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.”
2005
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.
Moderated by:
Panelists:
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.
2004
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.
2002
1/23/02 - At the Committee meeting, reports were given by Steven
Masur of the M&A and Finance Subcommittee that deals in this area
has declined since September 11, Julian Millstein of
the E-Commerce Subcommittee provided a comprehensive written summary of
recent cases involving e-commerce issues, Martin
Ricciardi of the Trademarks & Jurisdiction in Cyberspace
Subcommittee reported that new trademark classifications had been added,
Micalyn Harris of the Licensing Subcommittee reported
that the Section had submitted a letter to Attorney General Eliot
Spitzer, opposing the proposed “anti-UCITA” legislation on
the ground that it contravenes the Constitutional requirement that
states grant full faith and credit to judgments of other states,
Walter Klasson of the Privacy and Security Subcommittee
gave an extensive report on New York’s Internet Privacy Policy
Act, which became law on December 19, 2001. There were also reports
given by Robert Yellen of the Legislative Developments
Subcommittee, Sonia Miller of the Program Committee and
Thomas Glascock of the Taxation in Cyberspace
Subcommittee.
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.
2001
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.
Back to top
2000
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.
1999
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.”
1998
6/98 -
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
1996
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.
1995
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
Panelists:
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
1994: 6/94 - Julian Millstein elected as
committee chair.
1993
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.
1992
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.”
1991
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.
Back to top
1990
05/90 -
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
1988
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.
1987
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.”
1986
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.
1981
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.
1980
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.
1978
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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