Contact Information:
16 Abba Hillel Silver Rd.
Ramat Gan 52506, Israel Tel: 972 3 610 3199 Fax: 972 3 610 3667
Education: Harvard Law School (J.D. 1983)
Yale University (B.A. Chinese History, summa cum laude, Phi Beta Kappa, 1979) Admitted: Israel 2002, Massachusetts 1987, New York 1984, New Jersey 1984
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David Mirchin |
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Top-ranked licensing attorney in Israel. "Very highly regarded" Meitar has "impressive depth" in its IP practice, "particularly for its work in the online, software, hardware, semiconductor, pharmaceutical and biotech spheres" IAM 250--The World's Leading Patent & Technology Licensing Attorneys 2011/2012
"An expert in internet IP"
Chambers & Partners
"Knowledgeable, patient and pleasure to work with"
Chambers & Partners
Clients say: "He is available 24/7 - we love to work with him."
Chambers & Partners, 2010
Peers describe him as "very, very talented" in the areas of e-commerce and Internet law.
Chambers & Partners, 2010
A Notable Practitioner in Intellectual Property. Clients are impressed by his "incisive business decisions and intelligent, assured approach." Chambers & Partners, 2009
"David Mirchin-Leading Individual for Intellectual Property"
Chambers & Partners
"David Mirchin - Recommended Individual for IT and e-commerce"
"Has a strong focus on open source software, domain names and licensing"
PLC Which lawyer? Yearbook
David Mirchin heads Meitar’s Technology Group. David is a leading expert on software, licensing and intellectual property transactions. He represents technology companies, including software developers, internet search engines, information aggregators and biotechnology companies, and advises on internet, copyright and intellectual property issues in M&A and other transactions. Prior to moving to Israel, David served as Vice President and General Counsel of SilverPlatter Information, an electronic publisher of bibliographic reference databases for the academic, medical and corporate markets, from 1993 to 2001. SilverPlatter’s main offices were in Boston, London and Amsterdam. Previously, he was a corporate attorney for 6 years in the Boston offices of McDermott, Will & Emery, and Mintz Levin, and prior to that worked as a foreign corporate lawyer in the Tokyo, Japan firm of Konaka, Toyama and Hosoya. David has spoken widely in the United States, Europe and Israel on software, licensing and internet issues, including testifying before the Federal Trade Commission on its High-Tech Warranty Project and the U.S. Copyright Office on revisions to the Digital Millennium Copyright Act, as well as participating in the White House Meeting on Database Protection. He currently teaches Internet and E-Commerce Law at the Interdisciplinary Law Center in Herzliya and was previously adjunct professor of E-Commerce Law at Boston College Law School. He has written three books on copyright law and licensing issues, and believes that his mother is the only person who has ever read them.
Representative Transactions:
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Represented a popular user-generated content site in negotiating favorable settlement for a copyright infringement dispute with EMI Music.
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Software development agreement between ExLibris and the National Library of New Zealand for development of the first national digital library in the world.
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Representation of UBS in a software development and maintenance agreement for trading software on the Tel Aviv Stock Exchange
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Worldwide Strategic Alliance Agreement between Expand Networks and China-based Huawei-3COM for router acceleration development and distribution.
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Semiconductor OEM agreement between Microsoft and an Israeli start-up company for supply of a critical component for a consumer product.
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Patent License from Los Alamos National Laboratories to ExLibris.
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Customized software development and off-the-shelf license and maintenance agreement between Genzyme and Israeli developer of cytogenetics and pathology imaging and data management needs.
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Hybrid Foundry Agreement between Tower Semiconductor and Siliconix, a subsidiary of Vishay.
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Specialized terms of use, privacy policies and copyright policies for dozens of e-commerce, software, hardware and open platform companies.
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Handling cybersquatting claims, including through WIPO arbitrations, for numerous companies, including modu, Zend, and Seeking Alpha
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Co-branding agreements for Answers.com.
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Internet Advertising, Placement and SEO (Search Engine Optimization) agreements with AdBrite, BURST! Media, Clicksor, SoapDom and Quinn Street.
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Represented an Israeli company in a strategic internet advertising and collaboration arrangement with Google, obtaining significant cooperation benefits for the client.
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Representation of VOOM in licensing cable television programming.
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Advice to dozens of developers and users of open source software regarding compliance and strategic issues.
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Representation of investors and venture capital funds in due diligence of open source matters.
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Advice in drafting open source compliance policies for companies.
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Co-marketing agreements for biomarkers between Glycominds and European pharmaceutical companies.
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Clinical validation agreement between Glycominds and a multinational European-based pharmaceutical company.
Books:
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Intellectual Property Practice: Copyright Law (MCLE, 2004).
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A Practical Guide to Copyright Law in the Digital Age (MCLE, 2002).
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Intellectual Property Practice: Copyright Law (MCLE, 2011).
Selected Additional Publications:
- Feature Article: “Getting Down to the Basics of a Solid Privacy Policy" Information Today (February 2011) www.infotoday.com
- Feature Article: “Viacom v. YouTube: Big Victory for UGC Websites” Information Today (October 2010) www.infotoday.com
- Feature Article: “Harris v. Blockbuster: Questioning Terms of Use” Information Today (November 2009) www.infotoday.com
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Feature Article: “Barnes v. Yahoo!: Much Ado About Third Party Content” Information Today (October 2009) www.infotoday.com
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Feature Article: “Israeli Spam Law May Have Global Impact” Information Today) (February 2009) www.infotoday.com
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Meitar Information Technology Client Update on new broad-reaching Israeli Anti-Spam Law (November 2008). Download PDF file>
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Feature Article: “New Israeli Copyright Law: A ‘Slight’ Update from 1924”, Information Today (September 2008) www.infotoday.com
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Feature Article: “User Generated Content Principles: A New Balance”, Information Today (January 2008) www.infotoday.com
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Feature Article: “Terms of Use: The Rules Have Changed”, (Article on the Enforceability of Revising Website Terms of Use), Information Today (October 2007) www.infotoday.com
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“How Good is Viacom’s $1 Billion Claim Against YouTube?”, Lead Story, www.seekingalpha.com (Financial Opinion and Blog Website), March 14, 2007.
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“Google Wins U.S. Keyword Case”, Information Today, October 2005
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“Israeli Court Rules on Help Wanted Case”, Information Today, July/August 2005
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“Website Framing and Linking After Kelly v. Arriba Soft Corporation: Practical Suggestions for Website Owners”, TheMarker.com, April 15, 2002 (in Hebrew)
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“Can You Be Held Legally Liable for Hypertext Linking?” Corporate Legal Times (October 1998)
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“Putting an end to database piracy”, Boston Globe, June 2, 1998 (op-ed in Business Pages)
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“The European Union Database Directive Sets the Worldwide Agenda”, The Journal of Biolaw & Business (Autumn 1997)
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“EU Database Directive has Global Ramifications”, The National Law Journal (June 9, 1997)
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“ProCD court ruling enforces shrink-wrap licenses”, Boston Business Journal (September, 1996)
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“The Shrink-Wrap License Wins its Day in (Circuit) Court”, Corporate Legal Times (September 1996)
Selected Speeches:
- “The Premier League Case” College of Management, Rishon Lezion, January 2010
- “Liability for Online and Mobile Phone Content under Israeli Law: New Developments” Conference Honoring Tony Greenman’s New Copyright Book, Tel Aviv, November 2009
- "Enforceability of Website Terms of Use and Clickwrap Agreements under Israeli Law” Technology Continuing Education for Lawyers, Tel Aviv University, November 2009
- "Liability of Cell Phone Operators and Content Suppliers: New Developments in Israel” Rome, October 2009
- “Creative Ways to Monetize Your Intellectual Property” Morrison & Foerster Intellectual Property Conference, Tel Aviv, April 2009
- “Open Source Software” Technology Continuing Legal Education for Lawyers; Tel Aviv University, December 2008
- “Blogs and Wikis: Liability for Content”, TechLaw Conference, Indianapolis, Indiana, September 2008
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“Diverging Case Law in the European Union and the United States on Trademark Liability and Copyright Liability on Websites”, Software & Information Industry Annual Summit, London, England, September 2008
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“The New Israeli Copyright Law”, Hebrew University Law School Forum, June 2008
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“Web 2.0 and User-Generated Content”, panelist in Copyright Law & Digital Media Markets – Taking Stock and Looking Ahead, Tel Aviv, March 2008
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“Intellectual Property Due Diligence”, CFO Forum, Tel Aviv, March 2008
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“Web 2.0 and the New Israeli Copyright Law”, Conference at the Interdisciplinary Center Law School on the new Israeli Copyright Law, Herzliya, December 2007
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“New Developments in Open Source Software”, Conference at Haifa University, Haifa, December 2007
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“How to Blog and Stay out of Jail,” First Annual Blogference, Herzliya, July 2007
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“Is the DMCA Out of Balance: Cultural Learnings of Viacom v. YouTube,” Exploring the Boundaries of IP Law, Herzliya, June 2007
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“Intellectual Property Due Diligence” CFO Forum, Tel Aviv, April 2006
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“Google Book: Is it Fair Use to Copy and Index Every Book?”, Teldan IHS User Conference, Tel Aviv, February 2006
- “Google Library Print Project: Daringly Legal or Massive Copyright Infringement?”, Ovid Technologies Annual Israeli User Conference, Tel Aviv, November 2005.
- “Software Licensing: The Licensor’s Perspective on Bankruptcy and Other Issues”, Massachusetts Continuing Legal Education Software & Technology Licensing Seminar, Boston, May 2001
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“Napster and Post-Napster File Sharing on the Internet”, Boston Association of Women Information Scientists, Cambridge, MA, January 2001
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“Controlling unsolicited email and its implications for internet regulation: Spam, can it be canned?", 2000 International Chemical Information Conference and Exhibition, Annecy, France, October 2000
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“Clause-by-Clause Analysis of Software Licenses from Licensor and Licensee Perspectives”, Massachusetts Continuing Legal Education Software & Technology Licensing Seminar, Boston, July 2000
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“Electronic Licensing in B2B and Consumer Transactions”, Practising Law Institute’s Fourth Annual Internet Law Conference, New York City, June 2000
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“Negotiating Employment (and oh yes, Severance) Agreements”, Special Libraries Association Annual Conference, Philadelphia, June 2000
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“Regulating the Internet” Keynote Address, National Online Meeting, New York City, May 2000
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“The UCITA Revolution: The New E-Commerce Model for Software and Database Licensing”, Practising Law Institute, April 2000
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“Copyright Issues in the Electronic Age”, Society for Scholarly Publishing, Cambridge, MA, April 2000
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“Hot Software Licensing Issues”, Fourth Annual High Technology Law Conference, Suffolk University Law School, Boston, March 2000
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“The Rise and Fall of Database Protection: European and US Update on Database Protection”, Massachusetts Bar Association High Technology Committee, Boston, January 2000
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“Protecting Intellectual Property on the Internet”, Online Information ’99, London, England, December 1999
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“Using Technology in the Classroom”, Boston College Law School Faculty Colloquium, November 1999
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“Can You Can SPAM?”, Annual SilverPlatter Conference for its Canadian, Pacific Rim and Latin American Distributors, Boston, October 1999
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“Protecting Intellectual Property Online Through Contracts and Technology: The In-House Perspective”, MCLE Intellectual Property Conference ’99, Boston, June 1999
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“Protecting and Using Intellectual Property on the Internet”, National Online Meeting ’99, New York City, May 1999
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“Electronic Licensing in e-Commerce”, Mastering the Evolving Practice of e-Commerce Law, Institute for International Research, New York City, April 1999
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“Shrinkwrap & Clickwrap Licenses: Is This All Enforceable?”, Computers In Libraries Conference, Arlington, Virginia, March 1999
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“Legally Correct: A Panel Discussion on U.S. v. Microsoft”, New England School of Law Intellectual Property Week, Boston, February 1999
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“Intellectual Property Basics--Software Licensing”, Massachusetts Continuing Legal Education seminar, January 1999
Languages: Hebrew and English Born: Paterson, New Jersey, USA
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