Writings

  • Substantial Similarity in Copyright Law with Robert Osterberg, treatise with annual updates published by the Practising Law Institute, 2003-Present
  • Copyright Infringement: Analyzing Substantial Similarity, Practical Law Company, 2013-Present
  • AIPLA Model Patent Jury Instructions, 2015
  • “Copyright and Contract Law on the Internet,” Connecticut Law Tribune, April 20, 2015
  • “Copyright Fair Use Uncertainty Continues, Should Copyright Litigants Be Forum Shopping?,” Connecticut Law Tribune, October 20, 2014
  • “Injunctions, Sunset Royalties and Future Royalty Rates,” Connecticut Law Tribune, October 5, 2012
  • ABA Model Jury Instructions: Copyright, Trademark and Trade Dress Litigation, 2008
  • “Potential New Hazards for Patent Licensors,” Connecticut Law Tribune Intellectual Property Supplement, April 2007
  • “Should Sound Recordings Really Be Treated Differently Than Other Copyrighted Works? The Illogic of Bridgeport v. Dimension Films,” 53 J. Copyright Soc’y U.S.A. 619, Spring 2006-Summer 2006
  • “Secondary Liability after MGM v. Grokster,” Metropolitan Corporate Counsel, Vo. 13, No. 9, Sept. 2005
  • “How to Evaluate Copyright Infringement Claims Involving Computer Programs: An Explanation of the Abstraction/Filtration/Comparison Test,” Journal of Internet Law, Vol. 8 No. 4, Oct. 2004
  • “A Primer on IP Insurance Options,” The Intellectual Property Strategist, Vol. 10 No. 9, June 2004
  • “Copyright Infringement of Computer Programs,” IP Litigation Quarterly, June 2004
  • “A Primer on Intellectual Property Risk Management and Insurance,” published in Les Nouvelles, June 2003; republished in The Licensing Journal, Vol. 23, No. 10, November/December 2003.
  • “What Napster Means for Copyright Infringement Litigation,” originally published in ABA IPL Newsletter, Spring 2001; republished in The Best Articles Published by the ABA, March 2002
  • “Insurance and Management of Intellectual Property Risks,” with Melvin Simensky, 16 Entertainment and Sports Lawyer No. 2 at 3, Summer 1998; republished in 17 Cardozo Arts & Entertainment Law Journal No. 2 at 321, Spring 1999
  • “Insurance and Management of Intellectual Property Risks,” with Melvin Simensky, chapter in Intellectual Property in the Global Marketplace, John Wiley & Sons, Inc., 1999
  • “The Management of Intellectual Property Risks,” with Melvin Simensky, chapter in Handbook of Business Strategy, Faulkner & Gray, 1999

Firm Highlights

Publication

Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...

News

Preti Flaherty Welcomes Trust and Estate Attorney Elise Salek to the Firm

Preti Flaherty is pleased to announce that Elise Salek has joined the firm’s Trusts & Estates Practice Group. Practicing out of the firm’s Concord, New Hampshire office, Elise brings nearly three decades of experience...

Event

When to Say Goodbye: Navigating Leave and Terminations

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...

News

Benchmark Litigation Names Preti Flaherty 2024 “Maine Firm of the Year"

Benchmark Litigation  has named Preti Flaherty as 2024 Litigation Firm of the Year in the State of Maine. Through extensive peer- and- client reviewed research, as well as analysis of casework; the Benchmark Awards...

News

Attorney Jeffrey Thaler Named to 2024 Lawdragon Green 500: Leaders in Energy Law

Preti Flaherty’s attorney Jeffrey Thaler has been recognized by  Lawdragon  as one of the top 500 Leaders in Energy Law. This is Jeff’s third time named to this prestigious list since the first publication...

Publication

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

Maine is now the latest state to enact the Uniform Public Expression Protection Act (UPEPA)—following New Jersey, Oregon (substantially similar), Utah, Hawaii, Kentucky, and Washington. UPEPA aims to provide a clear framework for the...

Publication

Last days of 131st legislature

The Legislature will reconvene on Friday, May 10 th to take action on the six vetoes issued by the Governor since the Legislature adjourned on April 14 th . The vetoes and related messages...

Event

Maine Municipal Legislative Update

The second regular session of the 131st Maine Legislature has been particularly impactful for Maine’s municipalities, with further shrinking of home rule authority, new and onerous procedures for property tax sales, and many other...

News

Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...

Publication

Veto Day and Final Day of the 131st Legislature

The Legislature convened on Friday, May 10 th for Veto Day to take action on the six bills objected to by the Governor. As expected, all six vetoes were sustained by lawmakers allowing  Governor...