Peter J. Frazza

Peter J. Frazza

Director, Commercial & Criminal Litigation

Mr. Frazza, who leads the firm’s software licensing/software-as-a-service team, has been a commercial litigator for nearly four decades and has litigated and arbitrated numerous complex matters throughout the U.S. For over 30 of those years, he has devoted a substantial portion of his practice to software licensing/software-as-a-service matters for companies all over the country, almost exclusively representing the licensee/user. He has been involved in transactions involving almost 500 different software licensors and software as a service providers. Mr. Frazza has also presented related seminars nationwide, which have attracted representatives of more than 1,000 companies.

While he has represented wide-ranging institutional clients in his software licensing/software-as-a-service practice, Mr. Frazza has developed a particular niche representing hospitals and healthcare companies, which has included working on complex statements of work and project plans, as well as handling significant lawsuits and arbitrations for hospitals, health systems, and related healthcare companies around the country.

Mr. Frazza also maintains a broader general litigation and dispute resolution practice handling complex litigation matters.

Areas of Focus

Software Licensing/Software-as-a-Service

Mr. Frazza has been involved in transactions involving almost 500 different software licensors and software-as-a-service providers. His practice focuses on:

      • Representing companies in lawsuits and threats of lawsuits involving software, copyright, failed implementations, intellectual property, and license agreement issues.
      • Representing companies in connection with the negotiation, drafting, and preparation of software license, software-as-a-service, hardware, software development, and maintenance agreements.
      • Representing companies in connection with data privacy, protection, and security issues.
      • Representing companies in connection with hosting services agreements.
      • Representing companies in connection with software audits and software audit lawsuits.
      • Representing companies in connection with implementation services agreements, including the preparation and negotiation of detailed statements of work and project plans.
      • Working with companies to create their own form software license agreements, maintenance agreements, software as a service agreements, RFPs, RFIs, service agreements, and statements of work.
      • Conducting in-house software license/software-as-a-service training sessions.

For almost 25 years, Mr. Frazza has conducted annual or biannual seminars on “Keys to Negotiating Better Software Agreements and Software-as-a-Service Agreements,” which representatives of more than 1,000 companies across the country have attended.

Healthcare

Mr. Frazza has represented healthcare systems with licensing and the implementation of Electronic Health Record systems and issues relating to problems with such systems, handling, in particular, negotiations for new contracts, analysis of existing contracts to address problems and issues, and renegotiations of contracts. More broadly, the types of transactions he has worked on for hospitals also include:

      • Health Information Exchange
      • Electronic medical records (EMR)
      • Personal health records
      • Single sign-on
      • Device integration
      • OR information management system
      • Revenue Cycle Systems
      • Clinical information systems for different areas of the hospital
      • Patient folder systems for EMR
      • Clinical context
      • Data center outsourcing
      • Business Associate Agreements

General Commercial Litigation & Dispute Resolution

Mr. Frazza over the years has also handled complex litigation and arbitration matters in the areas of accounting malpractice, franchise practices, trademark and copyright disputes, business torts, unfair competition, shareholder and partnership disputes, and employment law.

Credentials

Education

Seton Hall University School of Law (J.D.)

Lycoming College (B.A.)

Professional Admissions

State of New Jersey

United States District Court for the District of New Jersey

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Eighth Circuit

Supreme Court of the United States

Professional Activities

Essex County Bar Association

New Jersey State Bar Association

Computer Law Association

New Jersey Technology Council

New Jersey Chapter, Healthcare Information Management System Society (NJ HIMSS)

Seton Hall University School of Law
Former Adjunct Professor