J. (Jay) T. Westermeier

Of Counsel

J. (“Jay”) T. Westermeier focuses his practice on information technology suppliers and users and related intellectual property issues. His practice includes copyrights, trade secrets, and drafting, negotiating, and handling disputes arising under all forms of information technology agreements, licenses, and transactions, including agreements related to computer software, software development, automated databases, complex systems, distribution, the Internet, and e-commerce, both domestically and internationally. Mr. Westermeier’s practice includes all forms of dispute resolution, litigation in state and federal courts, arbitration, and mediation. He frequently serves as a legal expert witness, arbitrator, and mediator. Mr. Westermeier has served as a legal expert witness on copyright law, Digital Millennium Copyright Act anticircumvention prohibitions, trade secret law, and software licensing.

Mr. Westermeier contributes to a number of treatises. He is the author of Chapter 18 on “New Strategies and Risk Management Practices for Open Source Software” and Chapter 13 on “Software Licensing,” Drafting License Agreements (4th Edition Aspen Law & Business 2006-2008) and co-author of “The E-Commerce Legal Survival Guide,” Documenting E-Commerce Transactions, Business Laws, Inc. Mr. Westermeier has published more than 190 articles and is a frequent speaker domestically and internationally on legal issues related to information technology.

Highlights

• Founder and co-chair of Georgetown University Law Center’s Advanced Computer and Internet Law Institute, 1989-2005.
• Co-founder and co-chair of the Virginia Continuing Legal Education’s annual “Virginia Information Technology Legal Institute,” 2002-present.
• Serves on or has served on many editorial boards including the following: The Computer Law Reporter, Internet Law and Business, BNA’s Computer Technology Law, BNA’s Electronic Commerce & Law, E-Commerce Law & Strategy, Commercial Law Advisor, Intellectual Property Counselor, GIS Law, and Information Strategy: The Executive’s Journal. He is also a USA correspondent for Computer Law Review International and USA contributor to Rennie, International Computer and Internet Contracts and Law (Thomson 2005-2008).
• Principal copyright instructor for the International Technology Law Association Bootcamp, 1997-1999; and the Virginia CLE Intellectual Property Law Bootcamp, 2005.
• Designated a Certified Computer Professional (CCP) by the Institute for the Certification of Computer Professionals, 1978.

Professional Recognition

• Listed in Intellectual Asset Management (IAM) magazine as one of 250 leading IP strategists, 2009-2010.
• Listed in The International Who’s Who of Business Lawyers, 2008, 2010; and The International Who's Who of Internet & e-Commerce Lawyers, 2008-2009.
• Listed in Washington DC and Virginia Super Lawyers, 2007-2010; and the Super Lawyers Corporate Counsel Edition for the Top Attorneys in Business Services, 2009-2010.
• Selected by peers for inclusion in The Best Lawyers in America, 2001-2010.
• Ranked in Virginia’s Legal Elite, 2006.
• Recipient of the Burton Award for effective legal writing for his article “E-Commerce Legal Survival Guide,” Business Laws, Inc., 2001.
• Only lawyer to ever receive the Distinguished Information Sciences Award, the highest award given annually by the Association of Information Technology Professionals, 1987.

Professional Activities

• International Technology Law Association (formerly known as the Computer Law Association) (Past President)
• American Bar Foundation (Lifetime Fellow)
• Appointed by the Governor of Virginia, and approved by the Virginia Assembly, to serve a four-year term on the Council of Information Management for The Commonwealth of Virginia, 1988-1992

Select Publications

• "Dave & Buster's FTC Consent Agreement Regarding Information Security Practices," Lexis Nexis® Emerging Issues Analysis, April 2010.
• "Strategies Relating to the US Bankruptcy Laws and Information Technology," The Computer & Internet Lawyer, Jan. 2010 (Republished in The Computer Law Reporter, Feb. 2010; Internet Law and Business, March 2010; The Journal of E-Commerce, Technology and Communications, May 2010).
• "Reverse Engineering Helps to Deconstruct Infringing Patents," Practising Law Institute's All Star Briefing, Nov. 19, 2009.
• "Protecting Content on the Internet," Internet Law & Business, Oct. 2009.
• "Illusory Contract Provisions: Click-Wrap Agreements," Lexis Nexis® Emerging Issues Analysis, Sept. 2009.
• "The "New" Implied Indemnification Against Infringement in Software Transactions," Lexis Nexis® Emerging Issues Analysis, Sept. 2009.
• "Using the Computer Fraud and Abuse Act Against Former Employees," Lexis Nexis® Emerging Issues Analysis, Sept. 2009.
• "Information Security," Section 15.03 in Supplement to Computer Contracts, (Esther C. Roditti), Aug. 2009.
• "Infringing Sale of Trademarks as Keyword Triggers for Internet Advertisements," Computer Law Review International, Aug. 15, 2009.
• "Recent Ethics Opinion on Metadata Support New Best Practice," Lexis Nexis® Emerging Issues Analysis, June 2009.