Richard L. Reiter Partner

     

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Richard Reiter represents client interests in complex business disputes, intellectual property, cyber, real estate, and insurance coverage. A member of the firm’s Information Governance Leadership Committee, Rich advises on business interruption, threats to a client’s reputation, notification obligations, data management and the Internet of Things.  In addition, he assists with e-commerce and technology errors and omissions. Rich counsels clients on the protection of IP assets and represents individuals and businesses accused of infringement and computer technology implementation failures. Rich also advises and represents high-profile U.S. and global clients on trademark, copyright, patent, cyber liability, false advertising, trade secrets and unfair competition issues. He serves a range of clients from large hedge funds to top insurance companies and lending institutions to high-net-worth individuals, as well as businesses in other industries that have integrated technology into their operations.

In addition to handling cases before New York state courts, Rich has considerable federal court litigation experience and frequently employs arbitration and mediation to facilitate the cost-effective resolution of disputes. Rich has litigated and arbitrated multimillion-dollar disputes arising from commercial agreements and a range of business-related matters.

Areas of Focus

Cyber Law/Media
In the area of cyber law, Rich has advised clients on the preparation of incident response plans, data breach response, ransomware, and implementation of measures designed to comply with legal obligations and prevent data intrusion. He defends individuals and businesses accused of infringement, violation of trade secrets and computer technology implementation failures. Rich also has significant experience in the area of multimedia law, including the representation of web-based clients, product developers and creative content owners. He has prepared social media policies that comply with the law and company messaging. He also counsels clients on obtaining rights and clearances and defends them against claims of data breaches and defamation.

Intellectual Property
Leveraging his extensive experience in diverse intellectual property infringement matters, Rich advises clients in the areas of copyrights, trademarks, trade dress, trade secrets, patents, licensing issues, privacy rights, false advertising, domain name disputes, art law issues and other claims of unfair competition. In addition, he provides an array of legal services complimentary to traditional intellectual property assignments, such as mergers and acquisitions, audits for compliance and preparation of agreements for licensing. Rich litigates tortuous interference of business claims arising from internet law, and he is proactive in advising clients on protecting their intellectual property assets. He has drafted contractual terms and conditions and secured and protected intellectual property rights for creators of downloadable applications for use on electronic devices. Rich also counsels clients on registration of copyrights with the U.S. Copyright Office, explains the effects of new technology and legislation on copyright law, enforces clients’ rights and litigates or defends against charges of copyright infringement.

Real Estate Transactions
Rich represents clients in commercial and residential real estate transactional matters, including but not limited to the acquisition of land, procurement of loans, and drafting of agreements with architects, engineers and contractors. Representing either a seller or a purchaser in a transaction involving commercial/industrial properties, office buildings, retail facilities or residential properties, he has the skills to guide clients efficiently through the process. Rich also assists landlords and tenants with all types of leasing matters and advises on various mortgage loan and building and construction loan transactions. He has prepared real estate option agreements and enforced those agreements in court.

A real estate investor in his own right, Rich is particularly attuned to those tasks and responsibilities that are central to profitability, with an eye toward controlling costs.

Insurance Coverage
Bringing together his extensive business litigation background  Rich represents the interests of insurers in insurance coverage matters. He is regularly involved in insurance and reinsurance coverage matters arising from general liability, cyber liability, directors and officers, and professional liability errors and omissions policies. Rich sorts through the complex technical and legal issues that characterize this practice, often serving as defense, monitoring or coverage counsel on an array of matters. Rich also assists his clients with the procurement of insurance to help ensure that the insurance coverage being placed addresses the risk.

Representative Matters

Litigation

  • Defended hardware/software provider in claim by managed host that implementation of backup storage system resulted in loss of one week’s worth of data, including primary production servers for more than 60 small business customers.
  • Defended financial institution/software provider in claim that financial software program infringed copyrights of another program.
  • Defended forensic engineer in claim that a computer hard drive was imaged without proper permission, resulting in a theft of trade secrets.
  • Defended social networking website in claims involving the alleged defamation of professional service provider.
  • Litigated claim of damages caused by software developer who failed to deliver enterprise program due to failed project management and misrepresentation of capabilities and experience.
  • Prosecuted defamation claims posted on the Internet and worked with providers to take down the defamatory materials.

Transactional

  • Prepared numerous software development agreements and software licensing agreements.
  • Prepares “Terms of Use” agreements and “Privacy” policies.
  • Assists architects with the acquisition, renovation and resale of property.
  • Completed a $105 million real estate transaction in New York City.