Experience
Viacom International, Inc. et al. v. YouTube, inc. et al.
We filed an amicus brief on behalf of several national consumer groups asking the Second Circuit to affirm the district court’s grant of summary judgment in favor of YouTube and Google against the plaintiffs’ claims of copyright infringement based on the DMCA “safe harbors.”
Warner Bros. Records v. SeeqPod
We defended search engine SeeqPod in a copyright infringement matter brought by Warner Brothers Records and several other major music labels in the Central District of California. Warner is alleging that SeeqPod's technology allows the infringement of copyrighted materials, and is seeking a preliminary injunction. We are defending the action based on a number of "safe harbors" under the Digital Millennium Copyright Act ("DMCA").
Disney Enterprises, Inc. et al. v Hotfile Corp., et al.
Represented a cloud storage company against copyright infringement claims brought by five major movie studios in federal district court in Florida. The case involved cutting-edge issues of law under the DMCA, the Stored Communications Act and the Copyright Act in the cloud-computing context. 798 F. Supp. 2d 1303 (S.D. Fla. 2011)(motion to dismiss denied in part)
Rosen v. Hosting Services, Inc.
We defended internet service provider Hosting Services who was sued for contributory copyright infringement. We defeated all of Plaintiff’s claims at summary judgment, arguing his notice of the alleged infringement had been inadequate to impart sufficient knowledge of the location of alleged infringement such that Hosting Services was under a duty to takedown the files.
AGF Reinsurance et al. v. Spar Aerospace LTD
In an action testing the boundaries of industry‑standard contracts, we defended the Canadian manufacturer of a communication satellite that malfunctioned after launch in an action brought by an international consortium of insurance companies that underwrote launch insurance for the mission.
Boldryev v. Frankel
We represented the original developer of WinAmp, the industry leading MP3 player, involving claims of fraud, copyright infringement, and partnership accounting by an alleged co-developer, following the sale of the company to AOL. The case was successfully resolved.
Corbis v. Ofoto
We defended online photography service Ofoto, a subsidiary of Eastman Kodak, against first-impression claims of copyright and trademark infringement relating to the online sharing and exchange of photographs. We obtained a successful settlement for our client.
Global Retail Corporation
Representing a brand name, global retailer to analyze the importance of patents to their online and offline product delivery models, with a specific goal of determining how a strategic defensive patent strategy that includes acquisition and internal development could minimize future patent litigation.
Macromedia v. Ashford.com
Represented Macromedia in connection with an action against Ashford.com for claims arising from a software license and consulting agreement relating to Macromedia’s LikeMinds software. We succeeded in avoiding extensive discovery and obtaining a prompt and favorable settlement for our client.
MIT v. Dolby Laboratories
We defended Dolby Laboratories in an action brought by the Massachusetts Institute of Technology relating to a licensing agreement for the development of digital sound technology used in high definition televisions. After a jury trial in the District Court in Boston, a favorable settlement was reached for our client.
Stafursky et al. v. Internet Success Systems et al.
Defended a nationwide leasing company in a class action alleging deceptive marketing practices, including violations of the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and common law fraud and unjust enrichment. We derailed the plaintiffs' case at the outset of the litigation by obtaining a trial court order staying all claims against our client based on a forum selection clause that required the plaintiffs to bring their claims in another state. We then successfully settled the matter on favorable terms.
Travelocity
We represent Travelocity in two separate pre-arbitration contract disputes involving the content on its well-known travel website.
Walmart.com
Represented one of the nation’s most well-known online retailers as its outside intellectual property counsel, advising on matters ranging from compliance with regulatory regimes, licensing matters, “spam” statutes (such as CAN-SPAM), advertising issues, patent and trademark matters, and the impact of new developments in the “e-tail” space.
