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Financial Services IT - Avoidance of Risks 2014


Speaker(s): David Gavilan, Donald Gammon, Richard Raysman
Recorded on: Mar. 12, 2014
PLI Program #: 55859

Related Practices:  E-Commerce, Intellectual Property, Technology, Outsourcing, Healthcare Technology, Outsourcing and HITECH, Mergers and Acquisitions, Corporate Services, Data Privacy and Security,  Licensing

 

Richard Raysman is a partner in Holland & Knight's New York office. Mr. Raysman concentrates on computer law, outsourcing, complex technology transactions and intellectual property issues. He has significant experience in structuring technology transactions, and his information technology background and understanding of the law have made him uniquely qualified to represent clients for technology issues. Mr. Raysman has been selected by Chambers USA as one of America's leading outsourcing lawyers. He has also been named by Super Lawyers as a top practitioner. He has litigated reported cases for the New York state and federal courts. Prior to practicing law, Mr.

Raysman was a systems engineer for IBM Corporation for six years. Mr. Raysman writes a monthly column on Technology Law for the New York Law Journal and is a member of the Practical Law Company Advisory Board for Intellectual Property & Technology.

Representative Transactional Matters

  • Represented a telecommunications company in a $1.2 billion outsourcing transaction with a global manufacturing company
  • Represented a transportation agency in a $1 billion acquisition of an automated fare collection system
  • Represented an international manufacturing company in a $500 million worldwide outsourcing of information technology to an international service provider
  • Represented a major hospital in a $350 million outsourcing with a major service provider

Reported Cases

  • Stahl Management Corp. v. Conceptions Unlimited 554 F.Supp. 890 (Judge Duffy, S.D.N.Y., breach of computer contract)
  • H/R Stone, Inc. v. Phoenix Business Systems, Inc. 660 F.Supp. 351 (Judge Walker, S.D.N.Y., breach of computer contract)
  • Baby Togs, Inc. v. IMI Systems 205 A.D.2d 335, 613 N.Y.S.2d 168 (Supreme Court, Appellate Division, First Department, New York, breach of computer contract)


Honors & Awards

  • The Best Lawyers in America guide, Information Technology Law, 2006-2015 Client Service All-Star, The BTI Consulting Group, Inc., 2014
  • Who's Who Legal 100: Information Technology, 2014
  • Chambers Global – The World's Leading Lawyers for Business guide, Outsourcing, 2009, 2013, 2014
  • The International Who's Who of Information Technology Lawyers, 2013
  • Chambers USA - America's Leading Business Lawyers guide, Technology & Outsourcing - New York, 2010-2014; Outsourcing - Nationwide, 2008-2014
  • New York Super Lawyers magazine, 2008-2014
  • Guide to the World's Leading Information Technology Lawyers, Legal Media Group's Expert Guides, 2011
  • The Best of the Best 2013, Information Technology, Legal Media Group's Expert Guides
  • The Best of the Best USA 2013, Information Technology, Legal Media Group's Expert Guides
  • Who's Who Legal, 2011

Publications

  • Follow up to Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp., Holland
  • & Knight Digital Technology and E-Commerce Blog, January 6, 2015
  • Subscriber Does Not Have Fourth Amendment Privacy Interest in Own IP Data, Holland & Knight Digital Technology & E-Commerce Blog, December 15, 2014
  • Trolls Under the Bridge: FTC Proposes Settlement with Patent Assertion Entity, Holland & Knight Digital Technology & E-Commerce Blog, November 17, 2014
  • Beyond Borders: The Power to Block the International Flow of Digital Files, Digital Technology & E-Commerce Blog, November 3, 2014
  • How Have Courts Interpreted the Recent Guidance of the Supreme Court on When to Afford Attorneys’ Fees Under the Patent Act?, Digital Technology & E-Commerce Blog, October 27, 2014
  • Beyond Borders: The Reach of Motorola Mobility LLC v. AU Optronics Corp. et al., Digital Technology & E-Commerce Blog, October 21, 2014
  • “Look and Feel” of a Website can Constitute Protectable Trade Dress, Digital Technology and E- Commerce Blog, October 15, 2014
  • Down the Rabbit Hole – The Impact of Alice on Software Patents, Digital Technology & E- Commerce Blog, October 10, 2014
  • Is a LinkedIn Contact List a Trade Secret? Potentially, Yes., Digital Technology & E-Commerce Blog, September 26, 2014
  • Affiliate Marketer Can Survive Motion to Dismiss on Breach of Contract for Referrals, Digital Technology and E-Commerce Blog, September 22, 2014
  • Fake Affiliate Registrations Can Trigger RICO Claims, Digital Technology & E-Commerce Blog, August 26, 2014
  • Clicking “I Agree” Renders Mandatory Arbitration Provision Enforceable, Digital Technology & E- Commerce Blog, August 4, 2014
  • Creating Fake Customer Reviews Site Could Be False Advertising and Trade Libel, Holland & Knight Digital Technology & E-Commerce Blog, July 24, 2014
  • Reviews Posted Under a Pseudonym Could be Defamatory, Holland & Knight Digital Technology and E-Commerce Blog, July 16, 2014
  • Message Board Post Highly Critical of Company is Opinion and Thus Not Defamatory, Digital Technology & E-Commerce Blog, July 15, 2014
  • Sixth Circuit Vacates Lower Court Judgment and Awards Website Operator Immunity, Holland & Knight Digital Technology & E-Commerce Blog, June 23, 2014
  • Virginia Supreme Court Agrees to Hear Appeal in Yelp Users Defamation Case, Holland & Knight Digital Technology & E-Commerce Blog, June 17, 2014
  • Cyber Attacks: Prevention and Proactive Responses, Co-Author, Practical Law, June 2014 Pejorative Statements by Former Patient are not Defamatory, but Protected Opinion, Holland & Knight Digital Technology & E-Commerce Blog, May 29, 2014
  • LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim, Holland & Knight Digital Technology and E-Commerce Blog, May 27, 2014
  • The CFAA Does Not Apply to Facebook Photo Theft, Holland & Knight Digital Technology and E-Commerce Blog, May 15, 2014
  • "Deliberate Ignorance" Sufficient Mens Rea for Criminal Conviction under DMCA, Holland & Knight Digital Technology & E-Commerce Blog, April 10, 2014
  • Rightsourcing: Seeking a Balance Between Insourcing and Outsourcing, Practical Law The Journal, April 2014
  • Online Product Management Beyond DMCA Safe Harbor, Holland & Knight Digital Technology & E-Commerce Blog, March 24, 2014
  • Manipulating User Postings Removes Service Provider from CDA Immunity, Holland & Knight Digital Technology & E-Commerce Blog, March 21, 2014
  • CIOs Need to Bone Up on Robotics Regulations, Co-Author, The Wall Street Journal, CIO Journal, March 17, 2014
  • CIO Responsibility for Social Media, Co-Author, The Wall Street Journal, CIO Journal, February 20, 2014
  • Willful Fair Credit Reporting Act Violation Confers Article III Standing, Holland & Knight Digital Technology & E-Commerce Blog, February 18, 2014
  • Domain Name Squatting to Gain Leverage Can Trigger "Bad Faith Intent" in an ACPA Claim, Holland & Knight Digital Technology & E-Commerce Blog, January 31, 2014
  • Unwinding Technology Obligations When Strategic Alliances Falter, Co-Author, The Wall Street Journal, CIO Journal, January 28, 2014
  • Nurse Using Abusive Language Toward Hospital Administrator on Facebook Justifies Firing, Holland & Knight Digital Technology & E-Commerce Blog, January 17, 2014
  • Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act, Holland & Knight Digital Technology & E-Commerce Blog, January 6, 2014
  • Avoiding System Failure for Complex Software Projects, Co-Author, The Wall Street Journal, CIO Journal, January 6, 2014
  • How Banking CIOs Can Meet Third-Party Vendor Requirements, Co-Author, The Wall Street Journal, CIO Journal, December 16, 2013
  • Disputed Facebook Post Can Justify a Firing And Is Not Pretextual, Holland & Knight Digital Technology and E-Commerce Blog, December 3, 2013
  • How CIOs Can Avoid Outsourcing Risk, Co-Author, The Wall Street Journal, CIO Journal, November 25, 2013
  • First Amendment Does Not Prevent State From Firing Employee For Derogatory Facebook Comments, Holland & Knight Digital Technology & E-Commerce Blog, November 15, 2013
  • Hyperlinking Within an Online Article Could Immunize the Speaker Against a Defamation Claim, Holland & Knight Digital Technology & E-Commerce Blog, November 5, 2013
  • Facebook User Voluntarily Shared Image; Cannot Claim "Reasonable Expectation of Privacy" under Fourth Amendment, Holland & Knight Digital Technology & E-Commerce Blog, October 24, 2013
  • Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not Defamatory, Holland & Knight Digital Technology & E- Commerce Blog, October 15, 2013
  • Update on the Facebook Case Involving Alleged Misappropriation of User Likenesses, Holland & Knight Digital Technology & E-Commerce Blog, September 24, 2013
  • Serving Process, User Harassment and Misappropriation of User Likenesses: A Review of Recent Cases Involving Facebook, Holland & Knight Digital Technology & E-Commerce Blog, September 17, 2013
  • Website Operator Permitted to Revoke Access of Previously Authorized User Under the Computer Fraud and Abuse Act, Holland & Knight Digital Technology & E-Commerce Blog, August 28, 2013
  • Choosing a Specific Domain Name and Adding Commentary to Defamatory Posts Causes Host to Lose §230 Immunity, Holland & Knight Digital Technology & E-Commerce Blog, August 15, 2013
  • Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity, Holland & Knight Digital Technology & E-Commerce Blog, June 27, 2013
  • App Developer Settles FCRA Charges Over Provision of Criminal Background Reports, Digital Technology & E-Commerce Blog, May 23, 2013
  • The Interplay Between Digital Media and the First Sale Doctrine, Holland & Knight Digital Technology & E-Commerce Blog, April 3, 2013
  • Court Finds Improper Joinder of Defendants in Same BitTorrent Swarm, Holland & Knight Digital Technology & E-Commerce Blog, March 19, 2013
  • Intellectual Property Legal Developments 2011-2012: The Year in Review, Media Law and Policy Journal, Volume 20, Number II, page 143 - 156, Spring 2013
  • Technology Law in the Digital Age: Current Developments, Media Law and Policy Journal, Volume 20, Number II, page 239 - 268, Spring 2013
  • ABA Releases Opinion on Judges' Use of Social Media, Holland & Knight Digital Technology & E- Commerce Blog, February 27, 2013
  • Courts Attempt to Reign in Social Media Use by Jurors, Holland & Knight Digital Technology & E- Commerce Blog, February 4, 2013
  • Mobile App Privacy: The Hidden Risks, Co-Author, Practical Law Company, January 31, 2013 FFIEC Issues Proposed Guidance on Social Media Risks and Compliance, Holland & Knight Digital Technology & E-Commerce Blog, January 25, 2013
  • Confidentiality and Invention Assignment Agreements Enforceable Against Former Employee, Holland & Knight Digital Technology & E-Commerce Blog, January 14, 2013
  • FTC Opens Study into Data Broker Industry, Holland & Knight Digital Technology & E-Commerce Blog, December 20, 2012
  • Hyperlinks Do Not Republish Alleged Defamatory Material, Holland & Knight Digital Technology & E-Commerce Blog, December 5, 2012
  • FTC Publishes New Privacy Guidelines for Mobile Apps, Co-Author, Holland & Knight Digital Technology & E-Commerce Blog, November 15, 2012
  • Enforceability of Clickwrap Agreement Called into Question - Checklist for Best Practices in Electronic Contracting, Holland & Knight Digital Technology & E-Commerce Blog, November 7, 2012
  • Open Source Software: Fifteen Steps to Avoid a Software Disaster, Holland & Knight Digital Technology & E-Commerce Blog, September 24, 2012
  • Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of Law, Holland & Knight Digital Technology & E-Commerce Blog, September 14, 2012
  • Multi-Sourcing: An Emerging Model for Risk Avoidance, Holland & Knight Digital Technology & E- Commerce Blog, August 27, 2012
  • FFIEC Releases Statement on Cloud Computing Risks and Considerations, Holland & Knight Digital Technology & E-Commerce Blog, August 15, 2012
  • Cyber Attacks: Prevention and Proactive Responses, Co-Author, Practical Law The Journal, March 2012
  • Federal Circuit Affirms ITC Determination Over Imported Goods Tied to Trade Secret Misappropriation, Holland & Knight Digital Technology & E-Commerce Blog, February 10, 2012
  • Content Owners Seek Recovery From Online Service Providers, Holland & Knight Digital Technology & E-Commerce Blog, December 19, 2011
  • Cyber Attacks: Prevention and Proactive Responses, Co-Author, Practical Law Company, November 2011
  • 'Friend Finder' Lawsuit Dismissed, Holland & Knight Digital Technology & E-Commerce Blog, November 3, 2011
  • Cybersecurity and the Growing Role of Chief Compliance Officer, Holland & Knight Digital Technology & E-Commerce Blog, September 22, 2011
  • Software License Disputes: Managing the Inherent Risks, Practical Law Company, September 2011
  • Keyword Advertising and Trademark Infringement, New York Law Journal, July 2011
  • Second Circuit Rules Banks' 'Hot News' Claims Preempted by Copyright, Holland & Knight Digital Technology & E-Commerce Blog, June 30, 2011
  • Keeping Company Trade Secrets Confidential, New York Law Journal, June 2011
  • Patent Filing of Confidential Method Destroys Trade Secret Status, Holland & Knight Digital Technology & E-Commerce Blog, May 11, 2011
  • Settlement Licenses and Reasonable Royalties, New York Law Journal, May 2011 Emerging Issues in Mobile Marketing, New York Law Journal, April 2011
  • New York's Highest Court Issues Important Jurisdictional Ruling for Copyright Holders, Holland & Knight Digital Technology & E-Commerce Blog, April 1, 2011
  • How the UCC Is Applied to Software Contracts, New York Law Journal, March 2011
  • Open-Source Software Use and Compliance, Digital Technology & E-Commerce Blog, February 28, 2011
  • The UCC and Software Contracts: Recent Developments, Holland & Knight Digital Technology & E-Commerce Blog, February 18, 2011
  • Closing the Profit Motive in the CAN-SPAM Act, New York Law Journal, February 2011 Open-Source Software Use and Compliance, Practical Law Company, February 2011 Process Patents in the Wake of 'Bilski', New York Law Journal, January 2011
  • State and City Bar Issue Notable Ethical Opinions on Social Network Data, Holland & Knight Digital Technology & E-Commerce Blog, November 16, 2010
  • Developments in Online Behavioral Advertising, New York Law Journal, June 8, 2010
  • 'Hot News' Doctrine Back in the News, Holland & Knight Digital Technology & E-Commerce Blog, April 19, 2010
  • Cloud Computing: Important Lessons from Outsourcing, Bloomberg Law Reports, February 8, 2010 New Developments In Patent Licensing, New York Law Journal, November 10, 2009
  • A Practical Look at Social Media Policies, Bloomberg Law Report-Technology Law, October 8, 2009
  • Technology-Related Initiatives in the New U.S. Administration, Convergence, October 1, 2009 It Always Pays to Read the Fine Print, Supply Chain Management Review, August 2009
  • Web Servers and Applications Are Increasingly Vulnerable to Attack, New York Law Journal, July 14, 2009
  • New Economy as a Driver to Renegotiate Outsourcing Deals, Supply Chain Management Review, June 10, 2009
  • The Effects of Blogging on Legal Proceedings, New York Law Journal, May 12, 2009 Court Applies Hot News Doctrine to Online World, New York Law Journal, April 14, 2009
  • Merchant Liability and Breaches In Payment Card Security Standards, New York Law Journal, March 10, 2009
  • Data Breaches in Credit Card Transactions, New York Law Journal, March 2009 Technology Initiatives In the New Administration, New York Law Journal, February 10, 2009 Renegotiation of Outsourcing Deals: Structured Method Works Best, New York Law Journal, January 13, 2009
  • Intellectual Property Issues in Asset-Based Lending, New York Law Journal, December 2008 Digital Rights Managing, Content Identifying Via Hi-Tech, New York Law Journal, November 12, 2008
  • Video-Sharing Web Sites and the DMCA Safe Harbor, New York Law Journal, October 14, 2008 'Tiffany v. eBay': Online Contributory Trademark Breach, New York Law Journal, September 10, 2008
  • Developments Involving Telephone Consumer Protection, New York Law Journal, August 12, 2008 Intellectual Property Licensing: Forms and Analysis, Author of treatise updated twice annually, Law Journal Press, 2001-2009
  • Emerging Technologies and the Law: Forms and Analysis, Author of two volume treatise updated twice annually , Law Journal Press, 1993-2009
  • Computer Law: Drafting and Negotiating Forms and Agreements, Author of two volume treatise updated twice annually, Law Journal Press, 1984-2009
  • Don't Rush to Court When Your Computer Fails, Harvard Business Review, 1984 Computer Law, Co-author of monthly column, New York Law Journal, 1981-Present Manager Involvement Needed in Computer Selection, Harvard Business Review, 1981 Of Computers and the Law, The New York Times, September 14, 1980

Speaking Engagements

  • Global Compliance & Risk Management Conference and Exhibition, Why Is Risk Management Getting So Much Attention? Panel, The Global Outsourcing Association of Lawyers, Washington, D.C., November 13, 2014
  • IP Trademark, Copyright & Licensing Counsel Forum, Program Co-Chair, Strategic Alliances - Ownership of IP and Data, October 28-29, 2014
  • Financial Services IT – Avoidance of Risks, Risks of Social Media, Speaker and Program Chair, Practising Law Institute, May 21, 2014
  • Ethics in Social Media 2014, Practising Law Institute, March 17, 2014
  • Financial Services IT - Avoidance of Risks, Practising Law Institute, March 12, 2014 IP Trademark, Copyright & Licensing Counsel Forum, Co-Chair, October 22, 2013
  • Insourcing v. Outsourcing - The Pendulum Swings and How to Avoid Risk, Holland & Knight Program, October 8, 2013
  • How to Prepare for New Corporate Cybersecurity Risks, Holland & Knight Webinar, May 15, 2013 Trademark, Copyright and Licensing Forum, ALM Forum, October 24, 2012
  • Multi-Sourcing High-Risk Avoidance, Holland & Knight Program, October 16, 2012 Internet Rights, New York City Bar Association, October 9, 2012
  • The Future of Computer Tablets, MIT Enterprise Forum, September 12, 2012
  • How to Resolve Critical Software License Disputes 2012, Practising Law Institute, June 27, 2012 Authentication of Social Media Evidence, ALM Webinar, June 5, 2012
  • Open Source Software – Risks, Use and Compliance, Practical Law Company Webinar, February 22, 2012
  • Resolving Intellectual Property Licensing Disputes: The Better Way?, Licensing Executives Society NYC Chapter Meeting, January 19, 2012
  • The Cyber Attack and Hacking Epidemic - A Legal and Business Survival Guide, Practising Law Institute, San Francisco, CA, January 9, 2012
  • How to Resolve Critical Software License Disputes 2012, Practising Law Institute, January 9, 2012 Ethics in Social Media, Holland & Knight Breakfast Briefing, October 12, 2011
  • IP Trademark, Copyright & Licensing Counsel Forum, an ALM/Corporate Counsel event, The Harvard Club, NYC, September 14-15, 2011
  • Procurement Management: The Secret Weapon to Drive Profitability, May 17, 2011 When Good Software Licenses Go Bad, ALM webinar, April 5, 2011
  • New Energy New York Tech Valley Energy Forum, Photovoltaics: How to Identify Investors and Funding Sources, February 24, 2011
  • Protecting Your Brand: Trademark Litigation for Increasing Profits, January 26, 2011
  • Patent Protection Update: Software and Financial Method Patents, New York Technology Council, New York, NY, January 18, 2011
  • Association of Corporate Counsel (ACC) Annual Meeting, Reducing Risk for Your Company Through Cloud Computing, October 24, 2010
  • Internet Rights & Technology: A Practical Legal Guide to Doing Business on the Internet, Chair, September 28, 2010
  • There is an App for that: The Future of the Mobile App Store, September 23, 2010
  • Improving a Company's Profitability -- Monetizing Patents and Financing Commercial Litigation, September 21, 2010
  • Intellectual Property Trademark, Copyright & Licensing Counsel Forum, an ALM/Corporate Counsel Event, Chair, September 14, 2010
  • Health Information Exchanges: Minimizing Legal Risks and Liabilities, Strafford Legal Seminars, August 12, 2010
  • When Good Licenses Go Bad, Holland & Knight Webinar, June 22, 2010
  • Internal Investigations: Managing the Downside, Holland & Knight Client Presentation, February 23, 2010
  • Electronic Health Records and Health Information Exchanges: Can the Future Become Reality?, ABA Annual Conference on Emerging Issues in Healthcare Law, Phoenix, Arizona, February 2010
  • Raising Capital: What's New and Different, December 8, 2009 Outsourcing: Mitigating Risks, September 16, 2009
  • Hot Topics in Technology Law NYC, June 3, 2009
  • IP Licensing Counsel Update, Co-Chair, International Trademark Licensing, May 6, 2009 E-Discovery Issues, New York State Bar Association, New York, January 2009 Outsourcing Structures, LawLine Seminars, New York, December 2008
  • Internet Legal Issues, Portland Bar Association, Portland, Oregon, September 2008 International Outsourcing, Sourcing Interests Group, Las Vegas, Nevada, September 2008

Memberships

  • Practical Law Company, Intellectual Property & Technology Advisory Board
  • New York State Bar Association, Past Chair, Business Law Section, Past Chair, Finance Committee
  • New York State Bar Association, Special Committee on Prisoner Re-Entry, Vice Chair Association of the Bar of the City of New York, Patent Law Committee
  • International Bar Association, Intellectual Property and Technology Sections Licensing Executives Society, Co-Chair, New York City Chapter
  • M.I.T. Enterprise Forum, New York City Chapter, Secretary and Member of the Board International Technology Law Association, former Director
  • Children for Children Foundation, former Member of Finance Committee, former Board Member New York Bar Foundation, Board Member
  • Central Synagogue, former Member of Education Committee and Capital Campaign Committee
  • U.S. Army, 310th Military Police Company, 1968-1974

Education

  • Brooklyn Law School, J.D.
  • Massachusetts Institute of Technology, B.S.

Bar Admissions

  • New York
  • Connecticut


David Gavilan is Executive Director and Assistant General Counsel in the Legal Department of J.P. Morgan Chase & Co. in the Intellectual Property and Technology (IP&T) transactions group. David leads a team that supports JPMorgan’s Investment Bank across a wide spectrum of intellectual property and technology matters. He is also is the primary legal counsel to, and Secretary of, PricingDirect Inc., an affiliate of JPMorgan, which generates evaluation and analysis of over one million fixed income securities, derivatives, and hard-to-value assets daily. In addition to directing the summer intern program for the IP&T, David is a member of the firm’s IT Risk Leadership Committee and Business Resiliency Committee. David is also a leading innovator in the practice of law – he has run a paper-free legal practice using a tablet PC since 2003, and he has been an influential advocate for the use of collaborative technologies. David was admitted to the New York Bar in 1997 and the United States Supreme Court in 2002. He earned his law degree from the Benjamin N. Cardozo School of Law, and his undergraduate degree in Psychology from Fordham University.