Robert J. Burger | McCarter & English, LLP

Robert Burger concentrates his practice in matters relating to software licensing transactions, software development, IP terms and conditions, technical services, website terms and conditions, privacy policies, Non-Disclosure Agreements, vendor/supplier agreements, copyright litigation, and a variety of software, cloud computing, open source, blockchain technology, drone technology, Application Programming Interface (API), networking, database, e-commerce, electronic and digital signature, privacy, GDPR, HIPAA, and PKI (public key infrastructure) issues.

Bob has 23 years of experience in the IP/IT field having reviewed and drafted hundreds of software licenses, master service agreements, technical statements of work, and NDA documents, and having negotiated complex IP indemnification, warranty, Service Level Agreement (SLA), confidentiality, liability limit, escrow, and Government restricted/unlimited rights provisions. He 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.

Bob 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.

Represented API Fortress in its merger with Sauce Labs Inc. in exchange for stock and cash. API Fortress’s platform allows companies to fully automate the testing of their application programming interfaces (APIs) with automated test generation, an intuitive collaboration interface, and deployment validation to catch problems before customers or partners do. Sauce Labs is the leading provider of continuous cloud-based testing solutions for mobile and web applications.

Closed a significant Series Seed Preferred Stock and Warrant financing of L.A.-based Safe Health Systems, Inc. (SHS), led by the Mayo Foundation for Medical Education and Research (the Mayo Clinic) and our client The Safe Group, Inc. (TSG). SHS was formed as a strategic collaboration between the Mayo Clinic and TSG and its founder to dramatically reduce the cost of low-complexity care and commodity diagnostics at mass scale. Through its proprietary technology platform, SHS intends to improve access to efficient, affordable treatment for common medical conditions, including diagnostic testing, tracking of lab results and proof of vaccine administration in support of the COVID-19 new normal.

Closed convertible note and Series C-1 preferred stock financings led by Capricorn Investment Group, the disposition of a software division, and international commercial agreements on behalf of Encell Technology, which provides fused iron batteries and microgrid and grid edge energy storage solutions.

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.

Completed revenue based borrowings, international joint ventures in Korea, Mexico and the Nordic countries, numerous commercial agreements, privacy compliance programs, and a seed preferred stock financing led by Stephens Boxpoint on behalf of Ticketsocket, which provides white label ticketing, registration and related services for many name brand events.

Settled cases representing both plaintiffs and defendants with respect to alleged patent infringement, bankruptcy preference payments, contract termination in breach of terms, and software audits.

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.