J. (Jay) T. Westermeier

Of Counsel

J. (“Jay”) T. Westermeier represents global clients in the information technology industry with intellectual property issues such as copyrights, trade secrets, licensing, and patent litigation in state and federal courts. He has experience with drafting, negotiating, and implementing all forms of agreements and handling dispute resolutions arising from agreements, licenses, and transactions. His work has involved a range of technical subjects, such as computer software, software development, outsourcing, automated databases, complex systems, distribution, the Internet, and e-commerce. He frequently serves as an arbitrator, mediator, and as a legal expert witness on matters such as copyright law, Digital Millennium Copyright Act anticircumvention prohibitions, trade secret law, and software licensing.

Mr. Westermeier has published more than 200 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 or has served on many editorial boards including: 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 a USA correspondent for Computer Law Review International and USA contributor to Rennie, International Computer and Internet Contracts and Law.
• 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.

Professional Recognition

• AV^® rated by Martindale-Hubbell.
• Recognized as a leader in the field of intellectual property law by Chambers USA, 2011-2012.
• Listed in Intellectual Asset Management (IAM) magazine as one of 300 leading IP strategists, 2009-2012.
• Listed in The International Who's Who of Business Lawyers, 2008, 2010, 2011; and ranked top 10 in The International Who's Who of Internet, e-Commerce & Data Protection Lawyers, 2008-2010, 2012.
• Listed in Washington D.C. Super Lawyers, 2007-2013; Virginia Super Lawyers, 2007-2012; 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, 2001-2013.
• Included in Legal Eagles, Most Respected Attorneys, Virginia Living, 2012.
• Listed as a top attorney in D.C. by D.C. Magazine, 2011; and in Virginia by the Richmond Magazine, 2011-2012.
• 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

• "Making CEO's Aware of the IT Law Strategies and Risks Related to the U.S. Bankruptcy Laws," ExecSense, Jan. 16, 2013.
• Coauthor. "DMCA Section 512(c) 'Safe Harbor' Requirements, Strategies, and Risks," The Computer & Internet Lawyer, Dec. 2012.
• "Recent 'Safe Harbor' Rulings in the United States," Computer and Telecommunications Law Review, 2011.
• "Using Copyright Infringement Claims Against Violation of Open Source Licenses: Lessons Learned and Issues Raised," Lexis Nexis^® Emerging Issues Analysis, Aug. 2010.
• "Dave & Buster's FTC Consent Agreement Regarding Information Security Practices," Lexis Nexis^® Emerging Issues Analysis, April 2010.
• "Strategies Relating to the U.S. Bankruptcy Laws and Information Technology," The Computer & Internet Lawyer, Jan. 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.