A Boot Camp for Startups: Good Ideas Are Never Enough
July 2014 -- COMMERCE Magazine NJ
Irwin Kishner's comments on legal and business challenges facing startup companies were featured in COMMERCE magazine's 2014 Annual Law Firm Managing Partners Roundtable. In the article, Irwin opines on the need for founders to clearly define how a business will be owned and operated, answer questions about who truly owns a startup's business idea or technology, and identify competitive restrictions resulting from the founders' prior employment or other business ventures. According to Irwin, issues such as these, if not properly addressed prior to bringing on an investor or strategic partner, can be show stoppers.
Post-Aereo: Has the Supreme Court Clouded the Future?
July 3, 2013 -- nysbar.com
Herrick Intellectual Property Group Chair Barry Werbin opines on the recent Supreme Court Aereo decision for the NYS Bar Association’ Entertainment Arts & Sports Law Section. He notes that while the Court interpreted the ‘inert” transmission system used by Aereo as no different from other cable television providers, thus imposing direct copyright liability, the Court was cautious not to condemn other emerging content delivery and storage technologies, particularly those in the cloud. He writes that the Court was likely reacting to Aereo’s attempt to take commercial advantage of a perceived loophole in the Transmit Clause.