Marc S. Friedman


  • Saturday, November 1, 2008
    At common law, a contract was not enforceable unless there was a meeting of the minds on all terms. But this "mirror image rule" was abandoned by the Uniform Commercial Code ("UCC"), which allows parties to form a valid contract even if their proposed terms are not identical. Under UCC ยง 2-207 and state statutes modeled after it,1additional terms contained...
  • Sunday, June 1, 2008
    This curious title invites two questions: "Who is Tom and what is de-friending?" Tom is Tom Anderson, the President of MySpace, the most used social networking website on the Internet. Tom is popular because when a new user registers for an account with MySpace, her first "friend" is automatically Tom. How does this happen? What Are Social Networking...
  • Thursday, March 1, 2007
    Some experts have estimated that technology grows so rapidly that it doubles every year. While this conclusion may be difficult to comprehend, there is little doubt that technology advances so rapidly that frequently the law is left panting trying to keep up with its pace. Jurisprudentially speaking, the problem is knotty.
  • Wednesday, March 1, 2006
  • Thursday, September 1, 2005
    It is natural to believe that if you pay to have a work such as software, a website or even a statue created, you own all the rights in that work. This well-formed belief, however, may be wrong. Consider the following scenarios:
  • Wednesday, June 1, 2005
    The issue of patent marking is one that rarely appears before the Court of Appeals for the Federal Circuit. Recently, however, the Federal Circuit had the opportunity to decide a case dealing with false patent marking. The case is Clontech Laboratories, Inc. v. Invitrogen Corporation,1 a case in which the Federal Circuit was presented with "virtually an...
  • Saturday, January 1, 2005
    Editor: How does Sarbanes-Oxley ("SOX") affect the practice of intellectual property law?
  • Wednesday, September 1, 2004
    Representing a life sciences client in an acquisition might not be characterized as "rocket science" although many such deals can be quite complicated. The foregoing quote by the National Aeronautic and Space Administration (NASA), though referring to space projects, is, as the reader will observe, highly germane to the manner in which a law firm should...
  • Thursday, July 1, 2004
    You are general counsel of a major online retailer. One morning your Chief of Information Technology comes into your office looking pale. He tells you that someone is "hacking" into your company's computer system and accessing restricted files. He says it is impossible to tell whether any files have been disseminated to competitors, but at least some...