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Daniel Batterman

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Daniel Batterman concentrates his practice in technology & internet law since 1995. Dan focuses on intellectual property, trademarks, copyright, contracts, and litigation for technology and internet companies. He has represented a wide range of clients including software developers, web developers, engineers, information technology consultants, e-commerce providers, retailers, publishers, entertainers, manufacturers, state agencies, non-profits, and many others.

Dan has substantial litigation experience and has been involved in numerous technology, intellectual property, contract, and business disputes. He practices in the trial and appellate courts within Massachusetts, as well as in Federal District Court and in the First Circuit Court of Appeals. He has also litigated cases in the Central District of California.

Dan gives seminars to students, professionals, and fellow attorneys on intellectual property, trademarks, IT development, licensing, software, privacy, and contracts. He also served as a guest lecturer at the Wharton School of the University of Pennsylvania from 1999 through 2003, where he taught graduate and undergraduate students about technology and contract law, and advised them on technology-related and internet ventures. In addition, he has authored articles on technology law and on other legal subjects.

Education

• New England School of Law, J.D.

• University of Pennsylvania, B.A.

Admissions

• Massachusetts

• Pennsylvania

• United States District Court, District of Massachusetts

• United States First Circuit Court of Appeals

• United States Ninth Circuit Court of Appeals

• United States Supreme Court

Professional/Community

• Case & Note Editor, New England Law Review

• Organizer and group leader, BOSTON GAY PROFESSIONALS, one of the largest LGBT networking groups in New England (3,400 members and growing)

Representational Matters

• Represented a nationally-known comedian in a trademark dispute over use of his name by a foreign comedian in the United States;

• Represented a software developer of custom diagnostic software against a large Massachusetts bio-technology company in a software contract dispute;

• Represented a software developer of photographic animation effects in a complex technology licensing and software development contract;

• Represented a CD duplication company in a breach of fiduciary duty, non-competition, confidentiality, and theft of trade secrets case by a former employee and vendor;

• Represented a woman in a privacy, wiretap, and harassment case against a large Boston radio station after she was illegally recorded by a well-known disc jockey and harassed at her place of employment;

• Represented a mental health professional in a defamation case against a well-known internet troll and harasser.

• Represented a large and well-known Massachusetts printer and publisher in a trademark case over use of its name by a competitor;

• Represented an animal welfare non-profit and evaluated whether the content of a fundraising publication was defamatory;

• Represented a corporate high-tech training consultant in a copyright dispute involving the use of copyrighted training and seminar materials;

• Represented a manufacturer of computerized baseball training equipment in a non-competition, confidentiality, and theft of trade secrets case by a former consultant;

• Represented a large Massachusetts state agency and advised and drafted complex online contracts and privacy policies for its various websites;

• Represented a large Massachusetts arts & humanities non-profit and drafted complex online contracts for its website;

• Represented an online construction services company in trademark, confidentiality, and corporate matters;

• Represented a website developer in a class-action dispute with a competing developer over the sale of domain names;

• Represented an online company which sold bridal and wedding goods and drafted complex contracts;

• Represented a software compliance and management company in negotiations with a large client to resolve software licensing issues;

• Represented an IT services and network engineering company and drafted numerous IT, software, non-competition/non-solicitation, confidentiality, employee, and other complex contracts;

• Represented numerous companies and individuals prosecuting trademarks at the United States Patent and Trademark Office;

• Represented an attorney against a Massachusetts state agency for numerous violations of the attorney’s constitutional rights.

Presentations

• Copyright and Trademarks in Business Transactions, TAX ROUNDTABLE, Waltham, Massachusetts

• Guarding Your Reputation on the Internet: What are They Saying About You? MASSACHUSETTS BAR ASSOCIATION, Individual Rights & Responsibilities Section

• Open Source Issues in I.T. Agreements, INDEPENDENT COMPUTER CONSULTANTS ASSOCIATION, Burlington, Massachusetts

• Legal Issues in High Technology and Internet Ventures, WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA, Philadelphia

• Allocating the Risks in I.T. Development Contracts, NEW ENGLAND M USERS’ GROUP, Wellesley, Massachusetts

• Legal Issues in I.T. Contracts, INTERNET PROFESSIONALS 495, Hopkinton, Massachusetts

• Non-Competition Agreements, TAX ROUNDTABLE, Waltham, Massachusetts

• “Don’t Worry, It’s Just Boilerplate” . . . and Other Pitfalls of I.T. Contracts, INDEPENDENT COMPUTER CONSULTANTS ASSOCIATION, Burlington, Massachusetts

• Legal Issues in a Consulting Practice, WIND CONSULTANTS GROUP