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When Good Software Licenses Go Bad
Approved for CLE credit in:
In today's technology environment, licensed content and software are often an integral part of a company's marketing and business plans. Many of these license agreements have been tenaciously negotiated. Yet licensor and licensee often interpret the same license clause in dramatically different ways.
Licensees cannot withstand having a license terminated because of the lead-time needed to substitute another product. Conversely, licensors are under pressure by their shareholders to maximize revenues and ensure that licensees are in full compliance with the license scope.
In this program, expert practitioners with years of experience doing licensing deals discuss:
- Licensing issues that lead to disputes
- How a licensing dispute can be constructively and proactively handled
- License termination when the issues cannot be readily resolved
The panelists will discuss contract language, the use of audits, breach of contract claims, planning for termination, and other critical issues. The webinar will conclude with a Q & A.
This program was recorded on April 5th 2011.
Click on the state abbreviation to find the CLE Credit Information for your state.
Experienced attorneys only (non-transitional)
Holland & Knight
Christine Tramontano is an associate in the Litigation Practice
Group of Holland & Knight's New York office. Ms. Tramontano
handles civil litigation in state and federal courts and has represented
companies, including foreign and domestic air carriers, in claims
involving breach of contract, discrimination, violations of consumer
protection laws, wrongful death, product liability, and personal injury.
She has handled claims involving unfair competition,
misappropriation of trade secrets, and false advertising and trademark
infringement claims under the Lanham Act.
Ms. Tramontano also has experience in representing companies and
individuals involved in investigations conducted by the federal grand
jury, the New York State Attorney General's Office, and the United
States Commerce Department's Bureau of Industry and Security
concerning, inter alia, tax fraud, Medicaid fraud, and export and
Prior to attending law school, Ms. Tramontano worked in the
recording industry as an audio engineer with Grammy Award Winning
recording artists and producers, as well as the recording industry's
major record companies.
While attending law school, Ms. Tramontano served as Executive
Articles Editor for the New York Law School Law Review. In
addition, she was a John Marshall Harlan Scholar affiliated with the
Justice Action Center and received the Justice Action Center's Most
Innovative Capstone Award.
Holland & Knight
Francesca Morris practices in the New York Litigation Practice Group. Ms. Morris advises and represents foreign and domestic companies and financial institutions in complex commercial
disputes related to breaches of contract, business torts, defamation, copyright and trademark infringement and licensing disputes. In addition, Ms. Morris routinely negotiates and drafts
domestic and international licensing and software as a service agreements. Ms. Morris has experience in jury and non-jury trials and appeals in federal and state courts. A substantial part of
Ms. Morris's practice relates to international business disputes. Ms. Morris has represented secured lenders and creditors in highly contested bankruptcies under Chapter 11 and Chapter 15.
In the transportation context, Ms. Morris has represents clients in a variety of maritime matters, including collision litigation, limitation of liability actions, cargo claims, arrests and attachments of assets and in maritime lien disputes. Ms. Morris' practice also includes review and drafting of charter parties and other transportation service agreements. She has appeared pro bono representing victims of domestic violence in obtaining orders of
protection and in marital and family law matters, such as custody, visitation and child support disputes and divorce. In December 2003, Ms. Morris was awarded the John K. Geiger Award for
commitment to justice by the not-for-profit group inMotion, Inc. for her pro bono work. Ms. Morris is a member of the New York Office Diversity Committee.
Holland & Knight LLP
Richard Raysman is a partner in the New York office of Holland & Knight. Richard has been selected by Chambers as one of America's leading technology lawyers, and he is a regular guest columnist for The Wall Street Journal Technology Section.
He has represented clients in billions of dollars of outsourcing transactions, and he has litigated reported cases for the New York state and federal courts including many Internet and licensing disputes. Richard writes a monthly column for the New York Law Journal on "Technology Law".
Prior to practicing law, he was a Systems Engineer for IBM Corporation for six years.