Daryn Grossman

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Daryn A. Grossman is a partner in the New York office and Co-Chair of the Technology, Media and Communications practice group at Proskauer Rose. Daryn concentrates in technology and intellectual property-related transactions and advises clients in identifying, protecting and exploiting intellectual property assets.

Daryn joined Proskauer after heading up the New York Technology Practice of Brobeck, Phleger & Harrison LLP. Daryn has experience in structuring and negotiating complex transactions where intellectual property assets drive the deals, such as outsourcing transactions, corporate partnering transactions, domestic and international joint ventures, strategic equity investments, spin-offs, development, licensing and distribution agreements and sponsored research and clinical trial arrangements. Daryn also counsels venture capitalists and strategic investors in evaluating intellectual property portfolios in connection with private equity investments, public offerings and mergers and acquisitions. She has a global practice and advises clients with respect to business partners based in the United States, Europe, South America, Asia, Australia, Israel and Canada.

Daryn's clients include companies in the software, hardware, telecommunications, electronic commerce, biotechnology, pharmaceutical and medical device fields. She represents entities in all stages: from start-up ventures just beginning to assemble IP portfolios to Fortune 500 companies with well-established IP programs. Daryn has led her clients through successful deals with parties such as Microsoft; IBM; Oracle; America Online; Sun Microsystems; Citrix Systems; Pioneer Standard Electronics; Monsanto Company; Texaco; Johnson & Johnson; Janssen; Boston Scientific Corporation; 3D Pharmaceuticals; Aspen Pharmacare; Shimoda Biotech (Pty) Ltd.; Roche Pharmaceuticals; NASD; Reuters; Accenture; Computer Sciences Corporation; Bank of America; Washington Mutual; GMAC; Standard & Poor's; CMGI; Prudential; First Data Corporation; University of Melbourne; Albert Einstein College of Medicine; Columbia University; Mt. Sinai School of Medicine; Emory University; Le Centre National de la Recherche Scientifique; the University of Bath; the University of St. Andrew's; St. Jude Children's Research Hospital; and Duke University.

Daryn is a frequent lecturer on entrepreneurship and issues related to technology, licensing and intellectual property law. She is a graduate of Tufts University, cum laude, and of Brooklyn Law School. She also a member of the New York Biotechnology Association, and has been inducted into the YWCA of New York City’s Academy of Women Leaders.


Articles By This Author

Science Journal Tells Authors That Publication of Article Abstract on Wikipedia Is A Requirement

For many scientists, the most satisfying part of producing a lengthy article (aside from the hoped-for Nobel prize) is the moment when the page proofs are finally out the door to the publisher and the thought occurs they they will never have to look at the article again. But a new requirement that authors post an article abstract on the Wikipedia online encyclopedia may have them revisiting their work, or at least an abstract of it, a bit sooner than anticipated.

The science journal RNA Biology has announced new guidelines that require authors to prepare and submit an abstract of their article accepted for publication in the new RNA Families section of the Journal for posting on the Wikipedia online encyclopedia. According to an article in Nature magazine, this is the first such requirement ever imposed on authors by a science publication. Once the article is accepted for publication, the guidelines require the author to upload the abstract to Wikipedia.

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Between Commercial Parties, Online Agreement with "No Notice" Modification Clause Held Enforceable and Not Unconscionable

Disputes over the enforceability of Web site modifications to an agreement, based on claims of unconscionability, typically involve a consumer opposing the enforcement efforts of commercial party. An example of such a case is Comb v. PayPal, 218 F.Supp. 2d 1165, 1174 (N.D.Cal. 2002), in which the district court refused to enforce a provision in the PayPal agreement with users that allowed PayPal to modify the terms of the agreement without notice, by posting the modified terms on its Web site.

Unlike that paradigm case, the parties in Margae v. Clear Link Technologies, LLC, 2008 U.S. Dist. LEXIS 46765 (D. Utah June 16, 2008), were commercial parties involved in transactions involving affiliate marketing and search engine optimization services. Continue Reading...

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