Publications

Letter to the Editor, responding to the question "Mandatory Pro Bono for New York Bar Applicants. Why Not?" by noting several ethical and practical problems, The Professional Lawyer, Vol. 21, No. 4 (June 2013);

"What To Do Before the Hold Arises and Before the Case Comes In: Some thoughts on Approaching Creation of an ESI Policy", Corporate Counsel Program on E-Discovery, New York State Bar Association Annual Meeting, January 28, 2009, New York, NY;

"$1 Trillion in the Side Pocket – Avoiding and Resolving Hedge Fund Disputes," Wall Street Lawyer, June, 2007, Vol. 11, No. 6;

"Is Email Privacy an Oxymoron? Meeting the Challenge of Formulating a Company Email Policy," St. Johns University Journal of Legal Commentary, vol 13, no. 3 (Fall, 2001);

"Of Gold Mines and Land Mines - Protecting Electronic Communications," Chapter 14, Securities in the Electronic Age, Glasser LegalWorks (2nd Ed., 1999; 3rd Ed., 2001, in press);

Open Letter Comment to Federal Trade Commission regarding its High-Tech Warranty Project, September 11, 2000; The comment is organized along different lines from the Commission’s questions. Accordingly, a Cross Reference Sheet was provided to assist the Commission in finding answers to the specific questions it asked in its Notice.

"Should You Take the Money Your Client Prints?", The Professional Lawyer, vol. 11, No. 4 (Summer, 2000);

"UCITA: Helping David Face Goliath," The John Marshal Journal of Computer and Information Law vol. 18, No. 2 (Winter, 1999, published July, 2000);

"E-Mail Privacy: An Oxymoron?," The Nebraska Law Review; vol. 78, no. 2 (1999);

"Is UCITA Worthy of Active Support?," The Metropolitan Corporate Counsel, vol. 7, No. 10, page 40 (October, 1999);

"E-Mail Ethics for Attorney-Client Communications: Comments on ABA Opinion Regarding Unencrypted Internet E-Mail," The Professional Lawyer, American Bar Association Center for Professional Responsibility (Spring, 1999);

With Karen L. Valihura, "Is Dual Service Unethical?," The Professional Lawyer, American Bar Association Center for Professional Responsibility (Winter, 1999);

"Is Article 2B Really Anti-Competitive?," Cyberspace Lawyer (November, 1998);

"ABA Resolution on E-Mail: Does It Help?," wallstreetlawyer.com (October, 1998);

"Internet Roadshows: Consider Copyright," wallstreetlawyer.com, (April, 1998);

"Decloaking Development Contracts," The John Marshall Journal of Computer and Information Law (Winter, 1998);

"The Lawyer as Director: Pros and Potential Pitfalls of Dual Service," The Business Lawyer (February, 1998);

"E-Mail Ethics on Intranets," wallstreetlawyer.com (July, 1997);

"Managing Web Site Risks Effectively," wallstreetlawyer.com, Inaugural Issue, June, 1997;

"Free Speech, Fair Use and the Joys of Sects: The Evolving Scope of Copyright Protection on the Internet," The DataLaw Report, November, 1996;

"E-Mail Ethics," The DataLaw Report, March, 1996;

"Protecting Corporate Confidentiality: Don't Rely on Colleagues' Ethics", The Metropolitan Corporate Counsel, November, 1995;

"Meeting the Challenge of Preserving Corporate Confidentiality," The Metropolitan Corporate Counsel, September, 1995;

"Loan Documentation" chapter, and editor, The 1992 Moscow Conference on Banking: The Economic Role, Operation and Regulation of Banks, SABLAW (a Working Group of the New York State Bar Association), in English, translated into Russian and distributed in Moscow, 1992.

"Specially-Created Software: Get What You Need," The New Jersey Lawyer, 1 NJL 1649, October 26, 1992;

"Landreth v. Gould, Another View," Dateline, Business Law Section, American Bar Association, November, 1986;

"What Makes a Good Label?," Chemical Times and Trends, April, 1985.

Papers and Presentations

"Making Online Contracts worth the Hard Drive They're Written On", Bridging the Gap - Intellectual Property and the Internet, New York State Bar Association, May 19, 2003, New York, NY;

"Free Speech, Fair Use and Fostering Creativity", Farmingdale State University of New York Symposium on Creativity, Stony Brook, New York, April, 2003;

"Update on E-Commerce", New York State Bar Association, Business Law Section Fall Meeting, October 13, 2001, Manchester, VT;

"Email Privacy: An Oxymoron?", Symposium on Cyberspace Law Issues, St. Johns University, April 20, 2001, New York, NY;

"Managing Web Sites to Meet '33 and '34 Act Responsibilities," Basic Securities Law for the General Practitioner, New York State Bar Association, April 19, 2001, New York, NY (scheduled);

"Email Privacy: An Oxymoron?", Advanced Computer and Internet Law Institute, Georgetown University Law Center, Washington, D.C., March 9, 2001 (scheduled);

"Smart Use of Web Sites and Control of Email," 22nd Annual Institute on Proxy Statements, Annual Meetings and Disclosure Documents, Glasser LegalWorks, December 7, 2000, New York, NY;

"Pointers for Drafting Computer Information Agreements Governed by UCITA", UCITA, UETA and the E-Sign Act, New York County Lawyers' Association, October 24, 2000, New York, NY;

"Smart Use of Web Sites and Electronic Communication," Current Securities Regulation in the E-Commerce World, American Corporate Counsel Association Annual Meeting, October 3, 2000, Washington, D.C.;

"Drafting Computer Information Contracts under UCITA: Pointers and Pitfalls," Electronic Contracting: Current Law and the Uniform Computer Information Transactions Act, Glasser LegalWorks, September 21, 2000 New York, NY;

"Smart Use of Web Sites and Control of E-Mail," Current Securities Regulation in the E-Commerce World, American Bar Association Annual Meeting, July 8, 2000, New York, NY;

"UCITA: What Will It Mean for Your License? Pluses, Pitfalls and Practice Pointers," The UCITA Revolution: The New E-Commerce Model for Software and Database Licensing, Practicing Law Institute, April 17-18, 2000, New York, NY;

"Smart Use of Web Sites and Control of E-Mail," Securities Regulation in the Electronic Age, Glasser LegalWorks, February 7-8, 2000, New York, New York;

"UCITA: To Support or Not to Support: That Is the Question," The Computer Information & Electronic Transactions Law Institute, Fulcrum Information Services, Inc., January 20-21, 2000, Washington, D.C.;

"New Rules for the Internet Highway," Business Law Section Annual Meeting Program, New York State Bar Association Annual Meeting, January 26, 2000;

"Making Your Website Work For You," The 21st Annual Institute on Proxy Statements, Annual Meetings and Disclosure Documents", Glasser LegalWorks, December 9-10, 1999, New York City;

"Practical Pointers for Managing Web Site Risks to Meet '34 Act Responsibilities," Basic Securities Law Concepts for the General Practitioner, New York State Bar Association, New York City, April 29, 1999;

"E-Mail Privacy: An Oxymoron, Comments on ABA Opinion Request 98-001 Regarding Unencrypted Internet E-Mail," Legal and Ethical Aspects of Digital Communications, April 16, 1999, American Bar Association Business Law Section Spring Meeting, San Francisco, CA;

"Making Your Website Work For You," The 20th Annual Institute on Proxy Statements, Annual Meetings and Disclosure Documents", Glasser LegalWorks, December 10-11, 1998, New York City;

"Hiring and Diversity Issues," Corporate Counsel Conference II, American Bar Association Board of Governors, May 16, 1997, Washington, DC ;

"Reporting under the '34 Act," Basic Securities Law Concepts for the General Practitioner, New York State Bar Association, New York City, April 10, 1997;

"Making Your Website Work For You," The 18th Annual Institute on Proxy Statements, Annual Meetings and Disclosure Documents", Glasser LegalWorks, December 9-10, 1996, New York City;

"A Five-Step Framework for Designing Effective Litigation Strategies", Litigation Analysis, Evaluation & Strategies", Practicing Law Institute, October 9, 1996, New York City;

"Legal Protection of Software: What Works and What Doesn't" and "Negotiating Software Contracts: Get What You Need," Managing Software Development Conference, Software Development '95, Managing Software Development Conference '95 Proceedings, October, 1995, Washington, DC;

"Positioning for Litigation: Preserving Corporate Confidentiality and the Attorney-Client Privilege," presentation and panel discussion, American Bar Association Business Law Section Spring Meeting, March 1995, San Antonio, TX (Updated February 2000);

"Protecting Confidentiality and the Attorney-Client Privilege," American Bar Association Business Law Section Spring Meeting, 1995, San Antonio, TX, March, 1995;

"Report of the American Bar Association Business Law Section Task Force on Business Ethics in Billing," Panel Discussion, American Bar Association Business Law Section Spring Meeting, 1995, San Antonio, TX, March, 1995;

"Legal Protection of Software: What Works and What Doesn't" and "Reverse Engineering: Rapid Road to Riches or Russian Roulette?," Managing Software Development Conference, Software Development '95, Managing Software Development Conference '95 Proceedings, February, 1995, San Francisco, CA;

"The Roles of Inside and Outside Counsel," American Bar Association 1994 Annual Meeting, New Orleans, LA, August, 1994;

"Protecting Software: What Works and What Won't" and "Win-Win Software Contracting: Get What you Need", Managing Software Development Conference '94 Proceedings, San Francisco, March, 1994, San Jose, CA;

"The Role of Preventive Law in Corporate Law Department Management," Seventh Annual Institute for Corporate Law Department Management, Practicing Law Institute, New York Faculty, December, 1993, 833 PLI 1993;

"Win-Win Software Contracting: Get What you Need," Managing Software Development Conference '93 Proceedings, October, 1993, Boston, MA;

"Marketing to In-House Counsel," American Bar Association 1993 Annual Meeting, New York, NY, August, 1993;

"U.S. Economic and Government Structures," AT&T Global Training Programs, presentation to Chinese Business Executives, February, 1993;

"Legal Aspects of Marketing in the United States," Advanced International Marketing Seminars, Pace University Center for International Business Studies, July, 1988; Winter, 1989; October, 1990, 1991; January, 1992; Autumn, 1992; Winter, 1993;

"Selecting Counsel; Managing Litigation and its Costs," Sixth Annual Institute for Corporate Law Department Management, Practicing Law Institute, New York Faculty, December, 1992 and December, 1992, 796 PLI 1992;

"The Credit Decision," The 1992 Moscow Conference on Banking, presentation and panel discussion, SABLAW and the Russian National Academy of Economics, Moscow, Russia, May, 1992;

"Corporate Formation, Organization, Maintenance and Dissolution," Drafting Corporate Documents for the Close Corporation, New York State Bar Association, June, 1990;

"Reporting Requirements under the '34 Act," Basic Securities Law Concepts for the Business Practitioner, New York State Bar Association, Spring, 1990;

"My Word is My Bond - Maybe," Takeovers, Poison Pills and the Target's Creditors - A New Perspective, Presentation and Panel Discussion, American Bar Association Business Law Section Spring 1989 Meeting, Spring, 1989;

"Reporting Requirements under the '34 Act," Basic Securities Law Concepts for the Business Practitioner, New York State Bar Association, Spring,1988;

"Issues to Consider in Foreign Distribution," Making International Distribution Work, Presentation and Panel Discussion, American Bar Association Business Law Section Spring Meeting, Spring, 1988;

"Who's In Control?," Issues in Distribution Agreements, Presentation and Panel Discussion, American Bar Association Corporate Counsel Section Meeting, Spring, 1986;

"Labeling for Sales and Profit - What Makes a Good Label?" Presentation and Panel Discussion, 71st Annual Meeting of the Chemical Specialties Manufacturers Association, December, 1984.

Presentations

"Avoiding and Resolving Hedge Fund Disputes", New York State Bar Association, Committee on Securities Regulation, New York City, July 18, 2007;

"Understanding the Uniform Computer Information Transactions Act," New York Country Lawyers' Association Continuing Legal Education Institute, September 30, 1999;

"Recognizing and Resolving Ethical Dilemmas," New York State Bar Association, Business Law Section Annual Fall Meeting, Orlando, FLA, September 25, 1999;

"E-Mail, SROs and Related Issues," The Internet and Securities Law, Annual Fall Meeting, New York State Bar Association, October 18, 1997, Montreal, Canada;

"Diversity in the Work Place", ABA Conference on Corporate Counsel Issues, American Bar Association Board of Governors, June 27-28, 1996, Washington, D.C.;

"Law as a Business vs. Law as a Profession," Presentation and Panel discussion, ABA Annual Meeting, 1996, Orlando, FLA, August, 1996;

"Overview of Proposed UCC Article 2B - Shrink Wrap Licenses," Presentation and Panel Discussion, ABA Annual Meeting, Orlando, FLA, August, 1996;

"Report of the ABA Business Law Section Task Force on Business Ethics in Billing," Report and Panel Discussion, ABA Business Law Section Spring Meeting, San Antonio, TX, March, 1995;

"An Overview of Doing Business in Canada, United States & Mexico," Moderator, Second Plenary, 1995 Conference of North American Corporate Counsel, Vancouver, B.C., April, 1995;

"Where Have We Come From, Where Are We, Where Are We Going?," Corporate Counsel Institutes, The National Conference for Women Corporate Counsel, Washington, D.C., January, 1994;

"Counseling the Business Client", The Woman Business Lawyer Conference, Prentice-Hall, New York City, January, 1994;

"Import - Export Trade Problems of the Multinational Corporation," Moderator, Program and Panel Discussion, American Bar Association 1987 Annual Meeting, August, 1987;

"Going Public - What Does It Mean to You and Your Company?," Basic Securities Law Concepts for the Business Practitioner, New York State Bar Association, Spring, 1986.

Presentations to corporate executives, sales personnel, marketing groups, credit managers, finance and insurance personnel, on a variety of subjects including financial covenants and restrictions in loan agreements, distribution issues, anti-trust and pricing issues, promotions, advertising, contracting and independent contractor arrangements, and business ethics.