Lee Gesmer, one of the founders of Gesmer Updegrove LLP, represents clients throughout the United States and in other countries in litigation involving business disputes, computer and information technology and intellectual property.  Mr. Gesmer has appeared on the faculties of numerous business, computer and intellectual property conferences.  He holds the highest (AV) rating given by the Martindale-Hubbell Law Directory. He was named by The National Law Journal as one of the "Top Players in High-Tech Intellectual Property" in the United States. He was also selected as a "Massachusetts Super Lawyer" in 2004, 2005 and 2006 based on ballots sent to 37,000 attorneys across Massachusetts by Law & Politics magazine, and as a "New England Super Lawyer" in 2007.

Mr. Gesmer maintains a weblog on legal topics at www.MassLawBlog.com.

Mr. Gesmer received his undergraduate and law degrees from Boston College, where he was an Articles Editor of the Boston College Law Review. Mr. Gesmer is a certified mediator and a member of the American Arbitration Association's National Panel of Neutrals.

Co-Chair Boston Bar Association Business Litigation Sub-Committee, 2001 - 2003

Co-Chair Boston Bar Association Computer and Internet Law Subcommittee, 2004 - 2006

Member of Massachusetts Continuing Legal Education Advisory Committee on Business and Commercial Law 2004 - 2008

SELECTED PUBLICATIONS, SPEECHES AND SEMINARS

May 2006 - Of eBay, Patent Trolls and the Right to an Injunction, Boston Business Journal

May 2004 - U.S. Courts Addresses Pop-Up Ads, Trademark Law and the Meaning of "Use", Global Intellectual Property Asset Management Report, Vol. 6, No. 5. Co-author with Susan Mulholland

May 10, 2004 - Second Circuit Takes a Step Towards Enforcement of Browsewrap Agreements, LawFuel.com

September 2003 - Scrapers, Robots and Spiders: The Battle Over Internet Data Mining, Global eCommerce Law and Business Report, Vol. 5, No. 9

June 2002 - E-Commerce Law, Using the CDA and the DMCA to Limit Liability for Publication Torts and Copyright Infringement

May 1996 - Litigation for the 90's (Supplement to the American Lawyer ): "High-Tech Negotiations: Lotus v. Borland Redux"

March 1995 - Massachusetts Lawyers Weekly , "Perspective: Lotus v. Borland"

January 18, 1993 - National Law Journal , "Decisions May Signify a Judicial Turnabout" ( Computer Associates v. Altai ) 

November, 1992 - Massachusetts Lawyers Weekly , "Computer Associates, Apple and Lotus: Recent Developments in Software Copyright Law"

June 4, 1990 - Mass High Tech , "Reverse Engineering. Law and Technology"

September/October 1989 - Boston Bar Journal , "Protection of Trade Secrets in the Computer Industry"

April 1989 - The Computer Lawyer , Vol. 6 " Brooktree v. AMD : Chipping Away at Protection for Mask Works?"

March 27, 1989 - Mass High Tech , "Legislative Developments in Intellectual Property Law"

December 27, 1988 - Massachusetts Lawyers Weekly : "Three Changes in Intellectual Property Law"

October 24, 1988 - Mass High Tech : "The Unlocking of the Prolok Case"

Spring/Summer 1988 - Networks (newsletter of the Massachusetts Software Council): "Litigation Over the "Look and Feel" of Computer Software: Apple v. Microsoft "

February 1987 - MicroEconomics :" Dialing for Dollars: Computer Bulletin Boards and Copyright Law"

February 1987 - Massachusetts Lawyers Weekly: "Whelan v. Jastrow : A Dramatic Expansion of Software Copyright Law"

November 24, 1986 - Boston Business Journal : "Lotus to Battle Clones?" 

November 10, 1986 - Mass High Tech , "Personal Injury Liability - The Latest Software Pitfall"

September 1986 - Mass High Tech : "Appeals Court Extends Copyright Protection"

May 1986 - Networks (newsletter of the Massachusetts Software Council): "Software Copyright Developments"

April 14, 1986 - Mass High Tech : "Antitrust and the Gray Market"

Spring 1986 - Jurimetrics : "Developments in the Law of Computer Software Copyright Infringement"

March 1986 - MicroEconomics : "Triumph v. Dark Tower (a commentary on Burten v. Milton Bradley )"

March 17, 1986 - Mass High Tech : "Shrink Wrap Licenses: How Binding Are They?"

February 3, 1986 - Massachusetts Lawyers Weekly : "Negotiating User Access to Source Code"

January 1986 - Trade Secret Law Reporter : "Trade Secret Protection of Computer Software"

December 1985 - The Computer Lawyer : "Proving Damages in Computer Vendor User Litigation"

December 1985 - MicroEconomics : "'Ideas vs. Expression'": Recent Developments in Software Copyright Law"

September and October 1985 - MicroEconomics : "The VisiCalc Wars" (co-authored with Richard Anders, Esq.)

July 1, 1985 - Massachusetts Lawyers Weekly : "Copyright Infringement of Computer Software: A Transitional Period" (co-authored with Michael Arthur Walsh, Esq.)

April 1, 1985 - Mass High Tech : "Computer Software Copyright Infringement" (co-authored with Michael Arthur Walsh, Esq.)

February 1985 - MicroEconomics (newsletter of the Boston Computer Society "Consultants and Entrepreneurs" Group): " Trade Secrecy and Highly Skilled Employees: The Employer's Dilemma"

February 11, 1985 - The National Law Journal : "Trade Secret Misappropriation Tort: Uncertain Means to Protect Software"

July 2, 1984- Massachusetts Lawyers Weekly : "Trade Secret Protection of Software"

April 25, 1996 - Panelist on Legal Issues on the Internet sponsored by Interact'96 (four day on-line conference sponsored by Stratus, InfoWorld and Time Magazine)

1995 - Four appearances on the WBZ David Brudnoy show, discussing legal developments relating to the Internet and the First Amendment

August 25, 1992 - Panelist on teleconference panel discussion on Software Copyright Protection, sponsored by Hancock Institutional Equity Services. 

Selected Media Quotes :

Wall Street Journal, August 3, 1993 - "Ruling Against Borland May Intensify Copyright Debate"

PC Week, August 10, 1992 - Experts Questions Ruling in Lotus-Borland Case

New York Times, November 16, 1991 - "Antitrust Actions on the Rise Again"

Wall Street Journal, December 14, 1990 - "Ashton-Tate Loses Flagship Software's Copyright Shield"

Wall Street Journal, Technology Section, May 8, 1989 - 'Drop Dead' Function Get the Ax in Court

June 10, 2005 - Panelist at MCLE Annual Intellectual Property Law Conference, speaking on Development in the Law of Trade Secrets

June 11, 2004 - Chair, Massachusetts Continuing Legal Education (MCLE) IP Litigation Plenary Session of the 7th Annual Intellectual Property Law Conference 2004.

November 15, 2002 - Co-chair, MCLE Third Annual MCLE Internet & E-Commerce Law Conference.

December 6, 2001 - Co-Chair, Massachusetts Continuing Legal Education's Second Internet & E-Commerce Law Conference. This conference featured over 25 speakers on a variety of Internet and e-commerce legal topics. In addition to co-chairing the Conference, Mr. Gesmer presented a paper entitled "Using the CDA and the DMCA to Limit Liability for Publication Torts and Copyright Infringement."

December 5, 2000 - Co-Chair, Massachusetts Continuing Legal Education's first annual Internet and E-Commerce Conference

April 26, 2000 - Chair, Introduction to Information Technology Topics , Massachusetts Continuing Legal Education

November 18, 1999 - Moderator, Representing e-Commerce Clients '99 , Massachusetts Continuing Legal Education

February 9, 1999 - Panelist at Massachusetts Continuing Legal Education seminar: The Y2K Problem: The Litigation Begins

December 22, 1999 - Speaker on Year 2000 Legal Issues at the Massachusetts Software Council Legal Issues Series

November 7, 1997 - Panelist at the Massachusetts Software Council Legal Issues Series: Hot Topics Update

October 28, 1997 - Panelist at Massachusetts Continuing Legal Education Seminar, Negotiating, Drafting and Enforcing Non-Compete Agreements

December 12, 1997 - Moderator, Electronic Commerce '97, Massachusetts Continuing Legal Education

December 11, 1996 - Electronic Commerce and Digital Signatures , Massachusetts Bar Association High Technology Committee

October 1, 1996 - Guest Speaker at the Boston Bar Association, Litigation Section, Intellectual Property Committee. Topic: Software Shrinkwrap Licenses and the ProCD Decision

July 24, 1996 - Moderator, Issues in Electronic Commerce , Massachusetts Continuing Legal Education

February 29, 1996 - Free Speech on the Internet, the Web of Liability: Players, Pitfalls and Protection , Massachusetts Telecommunications Council

February 15, 1995 - Software Litigation Developments, Massachusetts Bar Association High Technology Committee

November 5, 1992 - Software Copyright Law: 1992 - The Year In Review, Massachusetts Software Council

October 31, 1990 - Analysis of Software Copyright Law and Lotus Dev. Corp. v. Paperback Software , Massachusetts Software Counsel

October 1990 - Copyright Protection of Computer Software, Intellectual Property : Recent Developments, Massachusetts Bar Association

April 1990 - Software Contracts/Intellectual Property , Discover Unix Conference, presented by the Wang Institute of Boston University

March 1990 - Traitor or Entrepreneur? Strategies for Litigating Departing Employee Cases in Massachusetts, Boston, Massachusetts, sponsored by Massachusetts Continuing Legal Education

January 20, 1990 - Finding Your Way Through the Maze of Software Licensing Law , Massachusetts Bar Association

April 1989 - Trade Secret Protection of Computer Software , Newton, Massachusetts, co- sponsored by the Massachusetts Software Council and the Boston Bar Association

1988-1993 - How to Start (and run) a Successful Law Practice , Massachusetts Bar Association

October 26 - November 6, 1988 - Panelist on on-line legal seminar entitled " Legal Issues of Computer Technology ," co-sponsored by Shepard's/McGraw-Hill and BYTE Magazine

October 1986 - Trade Secret Litigation and Litigating Computer-Related Breach of Warranty Cases , Boston, Massachusetts, seminar on Massachusetts Business Litigation