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Education

  • J.D., Rutgers University School of Law - Newark, 1997
  • B.S.E.E., Pennsylvania State University, Electrical Engineering, 1977

Bar Admissions

  • New Jersey

Memberships & Affiliations

American Bar Association

Institute of Electrical and Electronic Engineers

Robert J. Burger

  • |
Special Counsel
  • T: 973.639.7915
    F: 973.297.3957
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Mr. Burger concentrates his practice in matters relating to software licensing transactions, software development, IP terms and conditions, technical services, Non-Disclosure Agreements, vendor/supplier agreements, copyright litigation, and a variety of software, cloud computing, open source, Application Programming Interface (API), networking, database, e-commerce, electronic and digital signature, privacy, HIPAA and PKI (public key infrastructure) issues.  He has 18 years of experience in the IP/IT field having reviewed and drafted hundreds of software licenses and NDA documents, and negotiated complex IP indemnification, warranty, Service Level Agreement (SLA), confidentiality, liability limit, escrow and Government restricted/unlimited rights provisions.  Mr. Burger has additional relevant experience as a software consultant/developer of U.S. Army military computer security and networking systems for over 30 years, and has drafted, reviewed and negotiated numerous Government contract proposals, contractor teaming agreements, IP terms and conditions, NDAs and subcontractor agreements.  He has further been involved in application and analysis of FAR/DFAR rights clauses for both commercial and non-commercial software, and rights assignments for custom-developed software.

Mr. Burger has been a guest speaker at numerous conferences and seminars on software licensing, Internet privacy, electronic commerce, electronic signatures, copyright law, E-Sign Act, Uniform Electronic Transactions Act (UETA), Uniform Computer Information Transactions Act (UCITA), and ECPA topics. He has also co-authored law journal articles on Internet hyperlinking, electronic signatures, and privacy.

Representative Matters

Transactional Matters
Transactional matters regarding website services, retail product distribution, trademark licensing, OEM branding, security services, reseller and value added distributor services, website privacy, legal terms and conditions of use, website terms of sale, advertising guidelines, and copyright registrations.
Copyright Infringement
Copyright infringement cases representing plaintiff on issues including presumption of validity, originality, fair use, copyright compilations, collective works, derivative works, work for hire, jury instructions, expect depositions, expert testimony qualification criteria, and trial questions.

Speaking

03/20/18
1997-present
Various conferences and seminars on On-line and Healthcare Privacy, PKI, Electronic Commerce (E-Sign, UETA, UCITA, ECPA), 1997- Present