The Legal 500

Jenner & Block LLP has strong expertise in complex litigation, as well as transactional support in relation to both new media and traditional entertainment and copyright issues. The team is led from Washington DC and includes co-chairs Steven Fabrizio, who has a strong reputation for advising on high-stakes content protection and hi-tech copyright issues, and Andrew Bart in New York, an experienced trial lawyer with a particular focus on entertainment sector clients, particularly recording companies. Steven Englund also specialises in content rights issues relating to the digital world. Other notable attorneys include Gianni Servodidio and Susan Kohlmann, while former partners Thomas Perrelli and Donald Verrilli were appointed to the Obama Administration in 2009. Viacom remains a major client, and its ongoing lawsuit against YouTube and Google remains a key highlight. The court ruled in favour of the defendants in the $1bn copyright infringement case, with the client having appealed and the appeal pending. The firm is also known for representing major recording companies, including EMI, which it is advising in the ongoing Capitol Records v MP3tunes case. The practice successfully represented a group of US recording companies, including Arista Records, in an infringement case against Usenet.com, and achieved a victory for Universal Music Group in a traditional copyright case brought by the family of Bob Marley, which sought damages relating to music rights and licensing for ringtones. The team also handles literary rights matters, including representing the heirs of Elaine Steinbeck (widow of author John Steinbeck) at a Second Circuit appeal, which affirmed a previous ruling and retained the client’s rights to the author’s works, ending a long-running dispute. Additional key clients include all major motion picture studios and video games companies in the United States.

Loeb & Loeb LLP handles both counseling and litigation for entertainment clients. IP protection co-chair Barry Slotnick and commercial litigator Jonathan Zavin have extensive experience in copyright litigation. The team continues to represent leading names from the entertainment field including EMI, Sony/ATV Music, Rainbow Media and major film studios, as well as brands such as Harley Davidson Motor Company. Recent highlights include defending MGM Studios and Twentieth Century Fox against an infringement allegation brought by one of the authors of the book Raging Bull, claiming the film version infringed their rights. A district court ruling granted judgment in the clients’ favor. The firm also represented Sony/ATV Music as defendant in a long-running copyright ownership suit brought by the widow of country music singer-songwriter Roger Miller.

Cowan, Liebowitz & Latman, PC is highly respected in the copyright field with strong counseling and litigation expertise. It is particularly strong in the publishing sector, with 2010 seeing it successfully defend key client Penguin Group in a long-running dispute with descendants of the author John Steinbeck relating to the rights of the client to continue publishing The Pearl. Richard Dannay and of counsel Tom Kjellberg led on the case. Additional clients span financial services, film and music; they include Universal Pictures and Recording Industry of America, as well as hi-tech companies such as Sony Computer Entertainment. William Borchard advises on counseling and transactional copyright matters, while Robert Clarida advises on both transactional and litigation aspects of copyright issues.

Noted for its strength in media and broadcasting, Davis Wright Tremaine LLP’s team, based in New York, handles counseling, registration and transactional issues alongside a dedicated litigation practice. Copyright litigator Elizabeth McNamara has extensive experience acting for television broadcasters, literary agents and publishing houses alongside other media and entertainment clients. McNamara recently represented Spike Cable Networks, MTV Networks, Viacom and CBS in an infringement suit regarding a television show. Kelli Sager also has experience representing media broadcasters and publications at trial and appellate level, and is currently defending British newspaper The Mail on Sunday in a copyright claim brought by a Beach Boys band member. Other clients include BBC and NBC Universal. The practice successfully represented the latter in an infringement claim regarding the television show Heroes. In a reflection of its strength in literary rights, it represented author JD Salinger in Salinger v Colting, an infringement suit alleging that another writer’s work was a would-be sequel to The Catcher in the Rye. The case was granted preliminary injunction and at a Second Circuit appeal was vacated and remanded. Marcia Paul represents various major media organisations in copyright litigation.

Fross Zelnick Lehrman & Zissu, P.C. has ‘unsurpassed depth of knowledge and experience’ in copyright issues, alongside its better-known trademark capabilities. This dual capability has attracted crossover clients from a range of sectors, including publishing and entertainment, and handles copyright counseling and litigation for companies in the pharmaceuticals, insurance and finance sectors. Recent highlights include successfully representing Kam Hing as plaintiff in a copyright infringement claim against Wal-Mart, which affirmed a previous award of damages of over $2m. ‘Expert litigators’ Roger Zissu, James Weinberger, Barbara Solomon and Craig Mende are notable copyright attorneys. Zissu has a particular focus on litigation regarding literary, film and television works as well as contract and licensing issues for creators and owners. Weinberger’s broad client base extends to non-media and entertainment companies, and his practice includes transactional matters.

Mitchell, Silberberg & Knupp has a strong reputation in the entertainment industry, particularly for its work in the music field, and is backed by a history of involvement in influential copyright cases. Clients include film and music industry associations such as MPAA and RIAA, as well as NBC Universal, Sony and UMG Recordings. The highly regarded Russell Frackman is a lead lawyer for entertainment-sector clients, with a track record that includes important industry cases such as A&M Records v Napster and MGM v Grokster. He recently represented music artists Jay-Z, Linkin Park and others at a Ninth Circuit appeal which affirmed a previous judgment in favor of the clients as defendants. Federal court litigator Karin Pagnanelli represented Sony in defense of a $1bn infringement claim brought by software company Cybersitter, which named the Chinese government and China-based software manufacturers as defendants. She co-chairs the IP and technology group alongside Robert Rotstein, who represents Twentieth Century Fox, Universal City and other major film studios. The team lost George Borkowski in 2010, who left to co-chair the IP litigation practice at Venable LLP. The firm’s New York office, which opened in 2008, includes entertainment litigators Christine Lepera, Paul LiCalsi, and Howard Weller. Clients include ASCAP, publishing house Scholastic, music artists Ludacris and Kanye West, and Broadway performers.

The ‘exceptional’ Pryor Cashman LLP ‘always focuses on how to reach an effective resolution and is incredibly responsive’. Drawing from the firm’s litigation and entertainment expertise as well as working closely with its corporate and finance groups, the practice has full-service copyright capabilities, including registration, licensing, negotiating and preparing agreements. It acts for well-known music artists, and successfully represented Timothy Mosley and Nelly Furtado in defending a copyright infringement case brought by Finnish label Kernel Records. Music publishers EMI and Sony/ATV are also major clients. The practice also represents content owners in the digital and emerging technology sector. Tom Ferber is ‘intelligent, communicative’, ‘a creative problem-solver’ and ‘able to articulate arguments clearly and concisely’. His more recent work has been for film-industry clients, representing leading names such as Horror Inc and New Line Cinema/Time Warner. Ferber was also part of a team representing Fox Broadcasting, Dick Clark Productions and 19 Entertainment in defending an allegation of misappropriation in relation to reality television show So You Think You Can Dance. Donald Zakarin is ‘very smart, practical and responsive’ and ‘a great litigator and advisor’. He successfully defended members of music group System Of A Down against a co-ownership claim over a particular song. Frank Scibilia is also well regarded and offers particular experience in music copyright issues in relation to emerging technology. In early 2011, Jacqueline Charlesworth joined from Morrison & Foerster LLP and specialises in digital technology and media.

Arnold & Porter LLP handles a full range of copyright protection matters for media and entertainment clients, including internet companies and sports leagues. The bi-coastal team fields nine partners across San Francisco, Los Angeles, New York and Washington DC. The New York group defended Paramount Pictures and Dreamworks in a copyright and trademark infringement case, in which the plaintiff alleged that the Transformers movie used her copyrighted bee-design air freshener. An experienced trial lawyer, Louis Ederer also represented an apparel maker as plaintiff in a case involving copyright infringement regarding fashion designs. The California-based team represents leading music recording and internet companies, with emerging technology a major focus. International IP co-chair Ronald Johnston has experience as lead counsel in new media and technology-related disputes, and Sean Morris specialises in technology and Internet law. Both attorneys represented Universal Music Group (UMG) in its litigation against DivX, involving an important industry-wide issue of copyright protection for music and videos in social networking and user-generated content websites. They also filed an amicus brief on behalf of NBC Universal and various music industry associations in a Ninth Circuit appeal for another UMG dispute against Veoh Networks, in relation to applying the Digital Millennium Copyright Act to user-generated content websites. Suzanne Wilson’s core client base is made up of internet, software and consumer goods companies; she recently settled a copyright infringement case for Microsoft and AOL. In Washington DC, Robert Garrett focuses on the sports and entertainment sectors, acting for clients such as the NBA, the NFL, Twentieth Century Fox, ABC, CBS and Disney. Roberta Horton acted for Swarovski North America in a copyright infringement case. The Virginia team takes on non-contentious matters for technology, entertainment and media interests such as acquisitions and licensing of content.

Covington & Burling LLP receives high praise for its work on high-profile, complex copyright matters, and is ‘very responsive, understands business impacts very well and has deep understanding of the law as well as the jurisdictions’. The practice stands out for its knowledge in policy matters, particularly in relation to emerging technology, with equal strength in contentious and non-contentious matters, while publishing and sports are key specialisms. San Francisco-based Simon Frankel has ‘the highest integrity’ and is ‘an exceptionally intelligent lawyer with deep knowledge of the law’. Frankel settled a dispute for Microsoft as defendant regarding an allegation of search engine links infringing music distribution websites. He also defended Samsung in a copyright infringement claim brought by a German software company. On the non-contentious side, of counsel Ronald Dove has been advising publishers on internet piracy and gray-market issues, and the NFL on telecasts being broadcast online. Dove also represented Public Broadcasting Service before the Copyright Royalty Board in a case relating to cable retransmission of public broadcast programming, which resulted in its highest payout to date. He was also involved in drafting an amicus brief for American Watch Association on Costco v Omega, a landmark copyright case regarding gray-market importation. For licensing cases, IP co-chair Robert Fram is ‘second to none’, and possesses the ‘ability to command both a boardroom and a courtroom’.

Debevoise & Plimpton has strong litigation expertise as well as licensing and counseling capabilities within its IP and media group. its copyright client base includes both traditional media and entertainment interests as well as online companies. It represented leading publishers and the Association of American Publishers as plaintiffs in settling a copyright infringement case against Google, which involved the defendant’s digitized book search database; Bruce Keller, Jeffrey Cunard and Jeremy Feigelson were among the team members involved. David Bernstein is another notable attorney.

Frankfurt Kurnit Klein & Selz has a dedicated IP practice, with a particular emphasis on media, advertising and entertainment. Literary infringement cases are a particular specialism of the practice, with its involvement in the high-profile copyright infringement claim brought by writer JD Salinger a recent highlight. Heading the firm’s IP and commercial litigation groups, Edward Rosenthal advised the defendant Fredrik Colting in that case, which involved the book 60 Years Later: Coming Through the Rye, an alleged sequel to Salinger’s famous novel. The dispute was recently settled. Elsewhere, Rosenthal defended publishing house Scholastic and author JK Rowling against copyright infringement allegations filed by an author named Nancy Stouffer. The firm also handles copyright matters for Nike, film industry creatives and other high-profile individuals. Richard Heller represents traditional publishers and authors, media personalities, and film and television companies. Other attorneys include Thomas Selz, who handles copyright and counseling; Mary Sotis, who focuses on sports and entertainment industries; and Brian Murphy, who advises advertising and entertainment companies.

Irell & Manella LLP is noted for ‘its expert substantive knowledge and recognition by the copyright Bar and courts’. The full-service copyright practice has dedicated transactional and litigation attorneys across its Los Angeles and Newport Beach offices, with a strong entertainment focus. Clients clients include Viacom, ABC, NBC/Universal and CBS. Of counsel David Nimmer is a ‘recognized pre-eminent copyright scholar, practitioner and commentator’, and litigates on behalf of entertainment, publishing and hi-tech sector clients. Nimmer recently led as co-counsel for the plaintiff in Reed Elsevier v Muchnick, a copyright infringement dispute between publishers and freelance writers in relation to literary works being made available in an electronic database. An appeal at the Second Circuit reversed a district court decision certifying a $18m settlement to the plaintiffs. Trial lawyer Steven Marenberg has high-profile IP and entertainment litigation experience, with clients including film director Peter Jackson, Universal Group and Warner Brothers Pictures.

Kilpatrick Townsend & Stockton LLP’s recent merger with IP boutique Townsend and Townsend and Crew LLP provides the general practice firm with a presence in San Francisco alongside its Atlanta HQ and New York and Washington DC bases, and strengthens its contentious and non-contentious copyright capabilities. Joseph Beck and Joseph Petersen are well regarded for their knowledge of cutting-edge copyright issues, and the practice is developing its hi-tech focus alongside its established reputation for advising industrial manufacturers. The team advised wireless service provider AT&T Mobility in a case against ASCAP concerning the value of performances of music on mobile phones and certain AT&T websites, which ended in a favorable settlement for the client. It also acted for the client in obtaining a summary judgment declaring that its distribution of ringtone files did not implicate performance rights or require a license. In addition, Beck represented Sony Pictures Entertainment in successfully dismissing a copyright infringement claim brought by a comic writer regarding the movie You Don’t Mess With The Zohan; Lisa Pearson successfully represented well-known consumer brand Pedi-Perfect in a copyright infringement claim; while James Trigg focuses on internet and music copyright-related issues. Other clients include visual content provider Masterfile, industrial manufacturer Universal Furniture, Fusion Entertainment and Capitol Records.

As well as advising traditional entertainment clients, Latham & Watkins LLP’s copyright practice has a focus on the software and technology sectors. Split across the firm’s New York and Los Angeles bases, the team focuses particularly on international matters in the film, music, publishing and hi-tech sectors. IP litigator Daniel Schecter has acted as lead counsel for the likes of Apple and MGM. Global IP chair Perry Viscounty acts for a range of hi-tech and internet clients.

With ‘strong legal and technical knowledge’, O’Melveny & Myers LLP’s copyright practice focuses on traditional media content disputes as well as on the emerging technology sector. Apple is a key client, while 2010 saw the team advise software company Artifex in a copyright infringement suit against smartphone maker Palm Inc claiming unauthorized copying and distributing of registered technology. Robert Schwartz leads the entertainment and media group and assists artists, film and television groups and publishers in content-related disputes, while David Eberhardt and counsel David Sepanik form part of the ‘outstanding team’ in California. Eberhardt acted alongside lead partner Darin Snyder in a Ninth Circuit appeal for digital technology provider NDS Group in a long-running dispute with EchoStar involving piracy and copyright infringement issues arising from digital television viewing cards. Schwartz is currently representing GDC Technology and other defendants in a case involving copyright claims regarding movie theater 3D glasses. 2010 saw the team take over representation of Warner Brothers and DC Comics, in cases against co-creator Jerry Siegel’s rights to the Superman character, as well as acting on a newly filed case against Siegel, Schuster and other defendants.The team lost litigators Dale Cendali and Diana Torres, who left for Kirkland & Ellis LLP in early 2009. It took steps to fill the gap with the hire of New York-based Marc Ackerman from White & Case LLP.

Winston & Strawn LLP's copyright litigation team, led by managing partner Michael Elkin and IP practice vice chair Andrew Bridges, has handled some highly influential copyright infringement cases regarding new media and emerging technology. These include a win for Yahoo! in United States v ASCAP at a Second Circuit appeal, which confirmed a decision that websites offering music downloads do not need licenses for copyright performance rights. It previously defended Yahoo! subsidiary Launch Media in a successful Second Circuit appeal against Arista Records and a number of other major recording labels, in a potential damages claim worth up to $2bn, alleging that the client’s webcasting service infringed sound recording copyrights. Elkin worked with Jennifer Golinveaux and Thomas Lane as lead counsel for the defendant in UMG Recordings v Veoh Networks, successfully representing the online video company against alleged copyright infringement through permitting third-party users to share user generated videos containing musical performances. The case recently went to appeal before the Ninth Circuit. Bridges advises The Financial Times on IP matters, which included settling a copyright infringement case against private equity company The Blackstone Group in relation to multiple use of a single subscription for access to the business newspaper’s online publication. The practice also advised Swiss file-sharing company RapidShare on a number of international disputes regarding the client’s one-click hosting service, which has faced copyright infringement allegations.

Fish & Richardson P.C. is better known for its patent capabilities, but also offers strength in copyright, particularly in publishing, design, online and software. The firm suffered a blow when it lost Mark Fischer, who led its media and copyright practices, to Duane Morris LLP in mid-2010. Cynthia Johnson Walden heads the trademark and copyright group and provides litigation, counseling and prosecution expertise. Highlights included defending the publishers in Reed Elsevier v Muchnick, a closely watched dispute which most recently reached the Supreme Court and determined that copyright registration was not required for a class action settlement. The firm also represented sculptor Frank Gaylord in an infringement suit regarding a commemorative stamp issued by the US Postal Service which featured a photograph of the client’s sculpture of the Korean War Memorial, with the Federal Circuit ruling in favor of Gaylord regarding the issue of fair use. Additional highlights included representing Five Dollars a Day LLC in a copyright declaratory judgment action to determine the rights to distribute the motion picture Five Dollars a Day, and winning summary judgment for Defendant L-3 Communications Corporation in multiple copyright cases involving source code for software used to track aircraft maintenance. Associate Kristin McCallion ‘brings a high level of energy to a case and has good analytical skills’.

A full-service firm with strong international capabilities, Greenberg Traurig LLP’s copyright practice spans the full spectrum of technology, media and entertainment sectors, advising on litigation as well as registration and licensing issues. The national practice expanded further with the opening of a San Francisco office in 2010, with a new team that includes litigator Kenneth Steinthal from Weil, Gotshal & Manges LLP. He advises media companies including ESPN, Netflix and Real Networks, and has particular strength in defending traditional and new-media content providers against lawsuits brought by music copyright owners. Former IP counsel at the Motion Picture Association of America, Joseph Geisman joined the firm in late 2010 and focuses on copyright issues. California-based Ian Ballon specialises in e-commerce and internet-related issues, and represented Yahoo! and Microsoft in a copyright infringement case regarding digital music, as well as advising clients such as Sony Pictures Entertainment and eBay. Ballon was also lead counsel to The McClatchy Company in Reed-Elsevier v Muchnick, an important case for copyright law regarding rights of freelance authors in relation to the digitization of unregistered works by database companies and publishers. In Atlanta, Bobby Rosenbloum advises on transactional matters, negotiating contracts and licensing issues for entertainment-industry interests, particularly in music, and also counsels on digital media issues.

Hogan Lovells US LLP is respected for its excellent business acumen and ‘well-heeded advice’. Its merger added further international capabilities to its copyright practice, which advises on ownership, infringement, internet enforcement and anti-counterfeiting issues. Clients span traditional media and entertainment companies, as well as automobile and industrial manufacturers. The New York team includes Dori Ann Hanswirth and Slade Metcalf, who have a ‘keen and insightful intellect’; Hanswirth focuses on media cases, representing interests in the print media, television and film sectors, while Metcalf was part of a team that advised HarperCollins in an infringement lawsuit against Gawker Media, which runs an online blog, in relation to Sarah Palin’s published work. Trial lawyer Steven Hollman and commercial litigator Robert Wolinsky were co-counsel to industrial manufacturer Victor Stanley Inc in a case involving copyright infringement against Creative Pipe, alleging that it procured copies of its copyrighted drawings of products. IP co-chair Raymond Kurz leads from the Washington DC office and also provides experience in copyright disputes.

Hunton & Williams LLP offers a full range of services related to copyright issues and represents clients from the traditional entertainment, media and arts sectors as well as software and IT interests. It is particularly noted for its experience in the video games arena, representing clients such as Epic Games. Additional clients include the Colonial Williamsburg Foundation, Elite Sports and Baby Network. Richmond-based Stephen Demm has represented software, consumer product and F100 companies in copyright infringement disputes. Also based in Richmond, John Gary Maynard represents industrial manufacturers, while Washington DC-based Rodger Tate focuses on technology matters. Douglas Kenyon is also recommended, for his trademark and copyright expertise.

Kenyon & Kenyon has a full-service copyright practice and is particularly strong on the non-contentious side, with experience in areas such as advertising, transactions and financing. James Rosini chairs the firm’s trademark, copyright and design group, which acts for television, publishing and media spheres as well as high-profile entertainment individuals, and software and telecoms entities. It represented BNP Paribas subsidiary CooperNeff Advisors in a case involving alleged copyright infringement relating to a software platform used for daily financial trading. Trial and appellate attorney T. Cy Walker and Brian Mudge, who specialises in software and internet-related issues, were among the lead lawyers on the case. Jonathan Reichman has transactional and litigation expertise in the area of copyright, with particular experience within the entertainment field, dealing with matters involving fictional characters and estates of leading writers and artists. Reichman recently led on an international dispute involving a well-known toy manufacturer.

Morrison & Foerster LLP’s copyright practice represents leading software and technology companies in disputes and non-contentious issues, and also has experience advising traditional media and entertainment clients such as the National Music Publishers Association (NMPA). Based in San Francisco, Michael Jacobs acts for leading emerging technology names such as Yahoo! and Apple. Highlights included acting on the high-profile Vernor v Autodesk case, which reached a Ninth Circuit appeal hearing in favor of the client, overturning a previous decision which ruled that Vernor did not infringe Autodesk’s products by selling used copies on eBay. The appeal decision is significant for its impact on the rights consumers have in purchasing digital content. Jacobs also represented Novell in its long-running dispute with SCO regarding ownership of the UNIX computer operating system, with the most recent hearing affirming that the client owned the copyrights. The practice also successfully defended internet service provider PCCW Global against an infringement filing by a photographer regarding copyrighted images of celebrities on certain websites. The New York team lost Jacqueline Charlesworth to Pryor Cashman LLP.

Providing a service that is a ‘cut above others’, Paul, Weiss, Rifkind, Wharton & Garrison LLP has a six-partner copyright team in New York that offers deep litigation expertise for high-end clients. Music remains its specialist strength, where it has a particular focus advising industry associations and songwriters. Lynn Bayard and Jay Cohen are part of a media and entertainment-focused team, which successfully led for the NMPA, the Songwriters Guild of America and the Nashville Songwriters Association International in a case affirming favorable mechanical rate terms for physical products, downloads and ringtones. Bayard also represented the family of the creator of Alvin And The Chipmunks in a high-profile case against Twentieth Century Fox. Commercial litigator Leslie Gordon Fagen is an ‘excellent trial lawyer and general counselor’ with experience representing media and fashion industry clients. Fagen and Andrew Ehrlich (‘a very strong younger partner’) acted for MTV Networks in a case brought by the bankruptcy estate of Trans Continental Television Productions regarding copyright entitlement to television show Making The Band. Charles Googe handles a range of IP transactional issues including copyright counseling and licensing for clients in the corporate and entertainment sectors.

White & Case LLP’s copyright practice maintains particular strength in the music arena. Based in New York, Fred Koenigsberg offers international expertise and is counsel to ASCAP, the industry association for songwriters and music publishers. Both Koenigsberg and Christopher Glancy combine litigation and counseling expertise, and recently represented ASCAP in proceedings relating to the key issue of determining rates for music performing rights license fees. Other clients include Garth Brooks, BMG Music Publishing, Walt Disney Company and literary author Rosemary Wells. The team lost Jonathan Moskin to Foley & Lardner LLP in 2009.

Wiley Rein LLP provides ‘superior service’ in the copyright law space, recently representing leading hi-technology companies in copyright infringement cases. Led from Washington DC, practice head Bruce Joseph is a litigator whose ‘negotiation abilities are superior’. Joseph successfully represented Verizon Wireless before the ASCAP, which granted judgment that wireless technology devices do not require a public performance license for downloading or playing of music ringtones. Joseph and ‘excellent litigator’ Andrew McBride were counsel to Ericsson in litigation, which was also in relation to setting license fees for music performances implicated in ringtones. The team is also defending T-Mobile against an allegation of illegal file sharing through its multimedia messaging service. Thomas Kirby successfully achieved a $15m-plus copyright infringement settlement for publishers of professional newsletter and periodicals, in relation to subscribers multiplying a single electronic subscription into many. Kirby is also defending Supermedia, a major media and publishing company which sells print and internet advertising to SMEs, against alleged infringement of hundreds of yellow pages advertisements.