Michael D. Kurzer
Michael Kurzer provides strategic counseling on intellectual property, information technology, and, as a certified privacy professional, CIPP/US, data privacy and security, including licensing and due diligence for technology-focused mergers and acquisitions and private equity investments. Michael also regularly advises clients on open source software matters and policies.
Michael has represented broker-dealers, investment advisors, and funds on technology issues relating to automated trading systems, outsourcing, risk management controls, and order handling and execution issues.
Michael began his legal career litigating patent matters before the federal district courts and the International Trade Commission. He has authored opinions on patent validity and infringement for technologies ranging from life sciences to firearms and prosecuted patent and trademark applications for computer software, medical devices, and financial business methods.
Prior to attending law school, Michael worked for the Hewlett Packard Company in Rancho Bernardo, California.
- Represented InFront Sports & Media AG in its purchase of Omnigon Communications LLC, a New York-based multinational provider of digital solutions to leaders in the sports, media and entertainment industries.
- Represented TPG Growth in its $450 million investment in AirBNB, an online community marketplace for people to list and book accommodations.
- Represented TPG Capital in its acquisition of Eze Castle Software Inc. and RealTick LLC.
- Advised Target on data compliance and handling issues stemming from the data security breach that Target announced in 2013.
Representative Clients and Matters prior to joining the firm include:
- Advised leading investment bank and broker-dealer in connection with numerous outsourcing arrangements under cross-border service agreements with affiliates and large BPO and KPO service providers.
- Represented various introducing broker-dealers in negotiating and drafting clearing agreements and technology agreements with clearing and back-office service providers.
- Served as outside counsel to preeminent internet search firm in connection with consumer financial products offered through its search portal.
- Represented financial services provider in drafting form of license for customers for its proprietary software system covering execution models and algorithms.
- Represented a prominent broker-dealer in drafting formative documents for its ownership structure, including drafting the related execution and commission sharing agreements.
- Served as outside counsel in connection with a large underwriting of IPO common stock by a distinguished medical products company. Negotiated IP and regulatory-related provisions in the Underwriting Agreement and related opinion letters.
- Quoted, “Mitigating the Risks of Open-Source Software,” The Cybersecurity Law Report (March 13, 2019)
- Quoted, “How Fund Managers Can Mitigate the Risks of Open-Source Software (Part Three of Three),” The Hedge Fund Law Report (March 7, 2019)
- Quoted, “Benefits and Risks of Open-Source Software and How the Financial Sector Is Using It,” The Cybersecurity Law Report (March 6, 2019)
- Quoted, “What Are the Benefits and Risks of Using Open-Source Software? (Part Two of Three),” The Hedge Fund Law Report (February 28, 2019)
- Quoted, “What is Open-Source Software and How are Fund Managers Using It?,” Hedge Fund Law Report (February 21, 2019)
- Co-author, “IP Concerns for Venture-Backed Start-Ups Planning an Exit,” Bloomberg BNA’s Patent, Trademark & Copyright Journal (July 27, 2017)
- Co-author, “Open Platform: What to Expect When You’re Indexing,” Inside Market Data (July 18, 2016)
- Co-author, “What Should Startups Know About Open Source Software?,” American Lawyer’s LegalTech News (July 23, 2015)
- “Short-sale disclosures would force investment managers to publicize secret sauce,” InvestmentNews (September 22, 2013)
- “Regulation in the Cloud: Where is it Headed?” Money Management Executive (July 2012)
- Co-author, “Does FINRA Regulate Cloud Computing?” Securities Technology Monitor (October 2011)
- “Keeping Broker Records in The Cloud,” Securities Technology Monitor (January 2011).
- Co-author “Cloud Computing Tips for Broker-Dealers, ATSs and ECNs,” Traders Magazine Online News (April 2010)
- Co-author, “Covering Your ATS: The ABCs of Patents and Trade Secrets,” Traders Magazine Online News (April 2009)
- Co-author, “Warn Potential Patent Infringers: But Do Your Homework First,” Patent Strategy and Management, Vol. 9, Number 11 (April 2009)
- Co-author, “Admissibility of Settlement Communications In Patent Infringement Rule 11 Proceedings,” Patent Strategy & Management, Volume 7, Number 1 (June 2006)
- Co-author, “Rule 11 and the Pre-Filing Requirements For Patent Infringement Suits: S.D.N.Y. Sanctions ResQNet.com, Attorneys,” Andrew Litigation Reporter, Volume 2, Issue 2 (July 2005)
- “Who Has the Right to Edit a Movie?: An Analysis of Hollywood's Efforts to Stop Companies from Cleaning up Their Works of Art,” 11 UCLA Entertainment Law Review 41 (2004)
- "The Dawn of Digital Cinema: Issues in Law and Technology," UCLA Journal of Law and Technology Notes 9 (2002)
- Speaker, “Representing Venture-Backed Companies,” New York City Bar (March 11, 2019)
- Speaker, “Legal Challenges Surrounding Use of Open Source Software,” IP Service World Conference, Munich, Germany (November 27, 2018)
- Presenter & Faculty Member, “Representing Venture-Backed Companies,” New York City Bar Association (May 18, 2017)
- Panelist, “Monetizing IP Assets,” Cardozo School of Law, New York, New York (March 2014)
- Presenter, “Eze Castle Integration, Doing Your Cloud Homework: Legal, Tech & Security Questions Answered for Investment Firms,” Webinar (February 2012).
- Speaker, FinCLOUD 2011, Second Annual Conference (November 2011)
- Speaker, “Cloud Computing on Wall Street Breakfast Briefing,” Financial Technologies Forum (April 2011)