Practice/Industry Group Overview
Whether you run a multimillion dollar enterprise or a small company, computer technology, software and systems are vital to your business. Duane Morris has assembled a team of lawyers experienced with the unique technological and legal issues related to the development, licensing, implementation and outsourcing of computer software and systems. From negotiating and drafting contracts for development, installation and implementation of software and IT systems through complex litigation relating to failed software and systems development projects, our lawyers regularly work with both developers and software. We advise clients on their legal remedies and, if necessary, conduct complex litigation relating to system and software failures, software license disputes and related intellectual property matters. Our attorneys also utilize arbitration and mediation options where appropriate to assist our clients in resolving their disputes as quickly and economically as possible.
The Duane Morris software and systems litigation team draws from a wide range of experiences to offer clients a thorough understanding of this highly specialized and complex area. Some of our lawyers spent years in programming and information systems roles, and they understand the positions of both the vendor/developer and the business client. Our trial lawyers have extensive experience in defending and prosecuting systems and software failure, licensing, outsourcing and other disputes through verdict and appeals. Our team also leverages an extensive geographic footprint, varied transactional experience and other resources of a large, international law firm to provide clients with a valuable combination of insight and capabilities.
Articles Authored by Lawyers at this office:
Contractors Must Provide Sufficient Notice Of The Basis And Amount Of A CDA Claim
Michael J. Schrier, March 25, 2015
The U.S. Court of Appeals for the Federal Circuit recently decided the case of K-Con Building Systems, Inc. v. United States, No. 2014-5062 (Fed. Cir. Feb. 12, 2015). While this construction case reaffirms some relatively unremarkable concepts of liquidated damages and changes, it does provide some...
Golden Rules of Fiscal Law: Purpose, Time & Amount
Michael E. Barnicle, March 25, 2015
This week, the VA Inspector General reported that the certain government officials illegally used funds to develop a claims processing system that were intended to be used for medical support and compliance. This is what is called a “fiscal law” problem.
Prevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson, March 25, 2015
Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...
War Memorial Sculptor Wins Appeal in Copyright Litigation with Government
Arvind Jairam, March 19, 2015
An appellate court has affirmed a royalty award to a famous sculptor based on the U.S. government’s unauthorized use of his copyrighted work in a postage stamp. The decision by the Court of Appeals for the Federal Circuit in Gaylord v. United States comes after lengthy litigation that has...
Health Care Workers May Think Twice Before Becoming a Relator
Amy E. McCracken, March 13, 2015
The Federal False Claims Act (and many similar state false claims acts) allow an individual-called a "relator"-to file a lawsuit on behalf of the United States Government. If successful, the relator stands to collect a portion of the amount collected. Since the False Claims Act provides...
Real Estate Tax Exemption Issue Muddied Again
Philip H. Lebowitz, March 13, 2015
On December 23, 2014, the Commonwealth Court of Pennsylvania logged another frustrating mile down the confused and confusing road of property tax exemption for purely public charities. In Fayette Resources, Inc. v. Fayette County Board of Assessment Appeals, the Court overturned a lower court...
Net Neutrality Revisited
William K. Keane, February 18, 2015
The issue of "net neutrality" has occupied the Federal Communications Commission (FCC or "the Commission") for years. With the FCC poised to adopt a new regulatory regime for broadband providers at its meeting on February 26, FCC Chairman Tom Wheeler recently released the...
Conditions on Statutory Inspections of Corporate Books and Records
Richard L. Renck, February 17, 2015
In United Technologies Corp. v. Treppel, No. 127, 2014 (Del. Dec. 23, 2014), the Supreme Court of Delaware reiterated the Court of Chancery’s wide discretion in placing reasonable conditions on a shareholder’s right to inspect corporate books and records pursuant to Section 220(c) of...
False Claims Act Defendants May Have Possible Counterclaims Against Whistleblowers
Philip H. Lebowitz, February 17, 2015
Although whistleblowers benefit from strong public policies protecting the means by which they assert and support their False Claims Act (FCA) allegations, a recent decision highlights a possible counterclaim theory that empowers defendants to assert claims against the whistleblower. In U.S. ex...
New Jersey Bankruptcy Court Upholds Trademark Licensees' Rights to Use Trademark Despite Licensor's Bankruptcy
Walter J. Greenhalgh,Steven T. Knipfelberg,Paul D. Moore, January 19, 2015
In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the...
New Jersey Establishes Complex Business Litigation Program
James J. Ferrelli, December 10, 2014
The Supreme Court of New Jersey has announced the establishment of a Complex Business Litigation Program, effective January 1, 2015, with designated judges in each county assigned to provide individualized case management to complex business, commercial and construction cases meeting the program...
When the “Discovery Rule” is Irrelevant
Adam L. Gill,Jeffrey L. Hamera, November 18, 2014
Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted to forfeit rights in contracts,...
Court Interprets "Substantial Completion" To Extend Repose Period
Stanley A. Martin, November 17, 2014
The HVAC sub finished a new condo unit system in August 2001. The condo was substantially complete in early 2002. But since the developer did not pay necessary fees, the city did not issue a certificate of occupancy until August 2003. Which date should be used to start the Wyoming ten-year statute...
Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin, November 17, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County. After...
Bombay High Court Rules in Favour of Vodafone India in $490 Million Tax Dispute
Saionton Basu, October 28, 2014
On 10 October 2014, the Bombay High Court delivered a judgment in favour of Vodafone India Services Private Limited (Vodafone India) in a long-pending USD 490 million tax dispute. The Vodafone India intra-group transaction that had triggered this tax controversy pertained to the financial year...
Supreme Court of India Cancels 214 Coal Block Allocations
Saionton Basu, October 07, 2014
In a judgment delivered on 24 September 2014, the Supreme Court of India cancelled 214 coal block allocations that had been in place since 1993. Out of the 214 cancelled allotments, 42 coal blocks with end-use plants that were already functional or were about to become functional, have been allowed...
Second Circuit's Significant Decision Could Impact Liquidating Trustees
, September 01, 2014
In the case of United States of America v. Edward P. Bond, No. 12-4803 (2d. Cir. August 13, 2014), the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be...
Federal Circuit Finds Computer Bingo Patents Invalid as Abstract Ideas
, August 29, 2014
On August 26, 2014, the Federal Circuit ruled that patent claims regarding computer-aided management of bingo games are invalid because they are directed to a patent-ineligible abstract idea. The ruling in Planet Bingo, LLC v. VKGS LLC is notable because it is one of the first Federal Circuit...
Georgia Supreme Court Affirms Business Judgment Rule
, July 23, 2014
The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not automatically prevent all claims for ordinary negligence against corporate...
U.S. Supreme Court Rules on Patent-Eligible Subject Matter
, July 09, 2014
On June 19, 2014, the U.S. Supreme Court issued a ruling in a prominent patent case regarding subject matter that is not eligible for patent protection. In Alice Corp. Pty. Ltd. v. CLS Bank International, Justice Thomas delivered the opinion for a unanimous Court that affirmed the Federal Circuit...
Second Circuit Upholds "Neither Admit Nor Deny"
, July 08, 2014
On June 4, 2014, the United States Circuit Court for the Second Circuit endorsed the Securities and Exchange Commission's practice of settling enforcement cases on a "neither admit nor deny" basis. In its order issued in SEC v. Citigroup Global Markets, Inc., the Second Circuit vacated...