Gregory Alan Rutchik - Piracy and Copyright Infringement Litigation

Website: www.TheArtsAndTechnologyGroup.com
Email:  gregory@rutchik.com

Mr. Rutchik’s practice focuses on helping established private technology-based companies or creators who are frustrated by being ripped off! They may, for example, be concerned about a competitor who uses unfair tactics, an employee who leaves with copies of their files or a business partner who fails to live up to a promise. In some cases, he has represented investors and businesses regarding their obligations to perform in an investment setting. He also has experience in tax related litigation representing professionals in related litigation. Most of his litigation work takes place in the federal court. However, he has been around the block in state court too. After first starting as a litigator and then practicing as a transactional lawyer, he brings both sides of the puzzle together.

Mr. Rutchik’s transactional practice focuses on preparing and negotiating a diverse set of agreements to commercialize, develop and distribute software and information technology. His experience includes general commercial and contractual law issues, in and out licensing and distribution agreements, technology development and maintenance agreements, agreements for technology-related consulting services, telecommunications services and complex information technology outsourcing agreements. Current and former clients include public and private entities in business ranging from managed infrastructure service providers, to embedded OS and consumer products developers, to Palm software applications.

Gregory thrives on playing a business development role and have assisted several clients identify, structure and maintain successful partner-side relationships.

Background
The Arts and Technology Group® was formed in New York City in the winter of 1993 to combine work with clients in the arts (namely film), software and information technology. Mr. Rutckik’s earliest work was as a litigator. He worked with the Volunteer Lawyers for the Arts in New York City representing independent songwriters, film producers and arts entities. He continued his practice as an associate with Ostrolenk, Faber, Gerb and Soffen in New York City, a firm celebrating it's 80th year anniversary with a focus on patent, trademark and copyright litigation. His practice there focused on the prosecution of semi-conductor patents and trademarks, and copyright litigation. In addition, a majority of my time was focused on representing a filmmaker in the Federal District Court in the Southern District of New York to prevent the infringement of her work. Rutchik successfully secured a temporary restraining order, a seizure order and permanent injunction for my client.

In 1998, Gregory joined the Information Technology Practice Group of Cooley Godward LLP in Palo Alto, California, to work oon software and information technology clients. His focus there was on drafting, negotiating and advising on licensing, distribution, development, spinouts and other agreements. HeI was then retained as Assistant General Counsel to two Cooley Godward clients - noosh.com a web based procurement entity and at Loudcloud, an infrastructure managed services company.

Education
Mr. Rutchik received a J.D. in 1992 from the Beasley School of Law, Temple University, Philadelphia, Pennsylvania where he was a member of the Dean's List. He received a B.A. in American Studies from Skidmore College, Saratoga Springs, New York, in 1987.

Gregory was a Fulbright Fellow at the University of Tokyo, Graduate School of Law from 1992 - 1993. His focus was the Licensing of technology by Japanese information technology companies. Upon completing my Fulbright, I published some of the results of his research in a work entitled Japanese Research Projects and Intellectual Property Rights (US Commerce Department, 1996). He has traveled throughout the world, lived in Tokyo for four years and speak fluent Japanese. He is also conversant in French.

In 2005, Mr. Rutchik received my LLM in Taxation with honors from Golden Gate University in San Francisco, California

Bar Membership
Mr. Rutchik is a member of the State Bar of California, the State Bar of Connecticut, the State Bar of New York, the Bar of the District of Columbia and the American Bar Association. He is a member of the Board of Directors of the Central Pacific Region of the Anti-Defamation League.

Publications
Mr. Rutchik has published various articles including:

• Japanese Research Projects and Intellectual Property Rights (US Commerce Department, 1996)
• The Protection of Digital Works under Japanese Copyright
• The Euro: Are You ready? (Cooley Godward)
• United States Transfer Pricing Rules, IPBA, May 1993, Co-Author with Joseph H Guttentag, Esq. (former Director of US Department of Treasury, International Division and Senior Partner, Arnold & Porter)

Litigation Practice
Mr. Rutchik is capable of representing clients in the following types of matters in California Federal and State Courts and in various mediation and arbitration for:

• Breach of contract
• Defamation
• Copyright infringement
• Copyright ownership
• Misappropriation of trade secrets
• Trademark or trade dress infringement
• Intentional Interference with Contract
• Unfair trade practice
• Injunctive relief

From Cease and Desist letters through trial
Mr. Rutchik has brought these actions (as plaintiff's counsel) as well as defended these actions as defendant's counsel. He works closely with his clients to develop the most cost effective litigation strategy with the right temperature of aggressiveness. Individuals and businesses should not generally welcome litigation. But, when one's business interests are harmed and the parties cannot resolve disputes through high-level discussions, he will not hesitate to pursue the appropriate action in court. Let him review your agreements before your sign them to avoid some of the pitfalls.

He also has experience representing clients in the JAMS mediation and AAA arbitration settings.

Transactional Law Practice
His transactional practice focuses on preparing and negotiating a diverse set of agreements to commercialize, develop and distribute software and information technology. His experience includes general commercial and contractual law issues, in and out licensing and distribution agreements, technology development and maintenance agreements, agreements for technology-related consulting services, telecommunications services and complex information technology outsourcing agreements. Current and former clients include public and private entities in business ranging from managed infrastructure service providers, telecom service providers, embedded OS developers and consumer products to Palm software applications. See representative clients below.

Representative Work

• Customer Side Deals

Mr. Rutchik has closed multimillion dollar complex information outsourcing service agreements with Ford's purchasing department, Estee Lauder, Citigroup's Atriax proprietary trading entity, Network Appliance, the NSA, and Charles Schwab. Many of these transactions included service level issues, performance warrants, export, and security issues.
He prepared and negotiated numerous end user license agreements, distribution and service agreements and has helped conclude many customer relationships for consumer software, marketing and media clients.

• Partner Side Deals
  • Handmark Distribution Agreement (aka Handspring)
  • Logistics (Palm OS related bundling deal)
  • Akamai Channel Partner Distribution Agreement
  • AOL Integration and Distribution Agreement
  • ATT Master Data Center Services Agmt
  • Compaq Strategic Alliance/preferred provider Agreement
  • EMC Master Service Agreement
  • Equinix data center Services Agreement
  • Gartner analysts/info Svs Agmt
  • Giga info Svs Agreement
  • Goodby Silverstein Advertising and Media Placement Agreement
  • Internap Master Services Agreement
  • MCI World-Com Data Center Services Agreement (data centers and cross country bandwidth)
  • Microsoft Application Service and Software Agreements
  • Oracle Software and Service Agreement
  • TIBCO Software and Service Agreement
  • Veritas Software and Service Agreement

• Advisory Work
  Mr. Rutchik has advised and counseled product/technology development groups re:
  • Open source software issues
  • Encryption and security (SAS70, SYSTRYST)
  • US-EU Safe Harbor (privacy) application process
  • France/Germany privacy policy issues, trustee.org Certification
  • Source Code licensing and escrow
  • Licensing and litigation regarding patents and copyrights. Rutchik assisted the management of the world-wide licensing and litigation strategy of Thinking Machine's Patent Portfolio. Rutchik previously litigated on behalf of a film producer to enforce their copyrights in Federal District Court (SD NY).
  • Litigation support and contract interpretation