Antitrust, Appellate Litigation, Class Action Defense, Computer & Information Technology, E-Commerce & Web-Based Business, Intellectual Property
Computer Hardware, Computer Software, Information Technology
Pennsylvania
Philadelphia, PA
Cornell Law School
State University of New York at Buffalo
Yale University; State University of New York at Buffalo
Peter Breslauer is a partner in the Litigation Department of Montgomery, McCracken,Walker & Rhoads, LLP. His practice is focused on complex commercial litigation, including the defense of class action, antitrust, products liability and intellectual property cases. Mr. Breslauer has extensive experience in the defense of nationwide class action litigation, including cases involving the performance of computer operating systems, hardware, application and development software, and online services brought against Microsoft Corporation or its subsidiaries.
Mr. Breslauer was recently defense counsel in five class actions in federal court in which the plaintiffs alleged that the defendants issued credit and debit card receipts containing information prohibited by the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g). Mr. Breslauer has defended "junk fax" claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and has substantial experience in asserting claims under the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and the Computer Fraud and Abuse Act, 18 U.S.C. § 1030. In the latter cases, prompt relief was obtained, respectively, on claims of misuse of a client's Internet domain name, and misappropriation of trade secrets by a departing employee of a client. In the area of "Internet jurisdiction", Mr. Breslauer represented the defendants in Blackburn v. Walker Oriental Rug Galleries, Inc., 999 F. Supp. 636 (E.D. Pa. 1998), the first copyright case setting out the requirements for obtaining jurisdiction based on a party's publication of an Internet Web site.
Mr. Breslauer also has considerable experience in antitrust and products liability class action litigation in several industries other outside the computer field, and has counseled clients on obtaining intellectual property protection, including copyrights and the drafting of nondisclosure agreements.
Mr. Breslauer is Vice-Chair of the Technology Resources Committee of the Antitrust Section of the American Bar Association and past Chair of the Technology Committee of the Pennsylvania Bar Association.
Mr. Breslauer is admitted to practice in Pennsylvania.
Mr. Breslauer received his J.D. from Cornell Law School, where he was articles editor of the Cornell Law Review. He holds a Ph.D., In Music Theory, from Yale University, and B.A. and M.A. degrees from the State University of New York at Buffalo.