- Licensing/Rights to Use and Redistribute: Drafting, reviewing and negotiating agreements for the licensing of intellectual property and the rights to use and/or redistribute intangible assets. Counseling clients on software-related issues, including issues relating to the interpretation of the “scope of license” provisions of license agreements and the use of open source software.
- Services Agreements: Drafting, reviewing and negotiating agreements relating to various types of services, including Software as a Service (SaaS) agreements, Application Service Provider (ASP) agreements, consulting agreements and other agreements for the implementation, integration, development, support and/or enhancement of software applications, and agreements for access to telecom services.
- Business Arrangements: Drafting and counseling with respect to business arrangements involving IP and/or intangible assets; reviewing and counseling with respect to distribution arrangements; drafting, reviewing and counseling with respect to confidentiality and nondisclosure agreements; counseling with respect to the commercialization of intellectual property and other intangible assets; drafting, reviewing and counseling with respect to asset purchase agreements.
- Data feeds and Databases: Drafting and reviewing agreements relating to distribution and redistribution of real-time data feeds and access to and use of databases.
- Counseling with respect to Continuing Relationships: Counseling with respect to the rights and responsibilities of the parties in long-term license and services relationships.
Bob’s practice focuses in particular on intellectual property issues that are important to participants in the securities industry, including:
- Working on contracts for the use of securities indexes and other benchmarks in various contexts, including as the underlying interests for exchange-traded and OTC derivative instruments.
- Reviewing and writing contracts for the dissemination, use and redistribution of market data feeds and databases.
- Advising with respect to developments in the law of the rights of index owners.