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J. (Jay) T. Westermeier
+1 571 203 2480
jay.westermeier@finnegan.com

Two Freedom Square
11955 Freedom Drive
Reston, VA 20190-5675

+1 571 203 2700
Fax +1 202 408 4400

Bar and Court Admissions

  • Virginia
  • District of Columbia
  • Maryland
  • U.S. District Court, District of Columbia
  • U.S. District Court, D. Maryland
  • U.S. District Court, E.D. Virginia
  • U.S. Court of Federal Claims
  • U.S. Judicial Panel on Multidistrict Litigation
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Supreme Court

Education

  • George Washington University, National Law Center
    LL.M, Antitrust and Government Procurement, 1978
  • American University, Washington College of Law
    J.D., 1974
  • George Washington University
    M.B.A., 1969
  • United States Military Academy, West Point
    B.S., 1963

J. (Jay) T. Westermeier

Of Counsel

Jay Westermeier represents global clients in the information technology (IT) 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 disputes arising from agreements, licenses, and transactions. His work has involved a range of technical subjects, including computer software, software development, outsourcing, open source, 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 IT.

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," 2002-2013.
  • 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, and contributing author for The Drafting License Agreements Treatise.
  • 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. Named a Virginia "Top Rated Lawyer" by American Lawyer Magazine and Martindale-Hubbell, 2014.
  • Recognized as a leader in the field of intellectual property law by Chambers USA, 2011-2014.
  • Fellow, Litigation Counsel of America, the peer-selected, by invitation only, trial lawyer honorary society, 2014.
  • 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; The International Who's Who of Information Technology Lawyers, 2013.
  • 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.
  • Named by Best Lawyers, Virginia's Information Technology Law Lawyer of the Year, 2014; Washington, DC and Virginia's Best Lawyers, 2013; selected by his peers for inclusion in The Best Lawyers in America,
    2001-2014.
  • 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 (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

  • "Fifty FTC Data Breach Consent Decrees Reveal the Agency's Approach," Data Protection Law Reporter, 2014.
  • "Enforcing Forum-Selection Clauses," e-Commerce Law & Strategy, May 2014.
  • "New Strategies for Strengthening the Protection for Databases," Computer Law Review International, Feb. 15, 2014.
  • "Strategy Against Scrapers," e-Commerce Law & Strategy, Jan. 2014.
  • "Legal Battle Plans," e-Commerce Law & Strategy, Nov. 2013.
  • "DMCA 'Safe Harbor' Consensus Among Circuits Evolves," e-Commerce Law & Strategy, May 2013.
  • "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.