Next Generation Partners

Rising Stars

Firms To Watch: Copyright

Utilizing the bench strength of its national footprint, the copyright group at Nixon Peabody LLP advises celebrities (including the estate of the Notorious B.I.G.) and corporates across such industries as fashion, gaming, travel, and entertainment.

Copyright in United States

Cowan, Liebowitz & Latman, PC

The powerhouse boutique New York firm Cowan, Liebowitz & Latman, PC remains a market leader, advising major multinational corporates involved in high-stakes copyright prosecution and litigation across a diverse spectrum of industries. Jonathan King heads the practice, representing music recording and publishing clients including Sony Music Entertainment, Warner Music and Atlantic Records, with Richard Mandel, who brings deep experience in the practice space, and counsel Thomas Kjellberg. Richard Dannay assists book publishers, such as Penguin Random House, on major infringement cases and issues of fair use. Eric Shimanoff, a veteran copyright lawyer with extensive experience in federal and state courts, arbitration and TTAB proceedings, handles matters concerning web sites, social media and NFTs. Joel Karni Schmidt provides key support on clearance, registration, enforcement to a client base which spans the video games, media and retail sectors. Joelle Milov was promoted to partner in January 2023.

Practice head(s):

Jonathan King


Other key lawyers:

Thomas Kjellberg; Richard Mandel; Richard Dannay; Eric Shimanoff; Joelle Milov


Testimonials

‘The team is a pleasure to work with. They have skill, expertise and excellent communication skills.’

Key clients

Universal Music Group


J. Crew Group, Inc.


The Promotion in Motion Companies, Inc.


Sotheby’s


Sony Music Entertainment


The First Church of Christ, Scientist


Trebco Specialty Products (WUBBANUB)


Penguin Random House LLC


Dover Publications Inc.


McGraw Hill Education


Practising Law Institute


Norman Rockwell Family Agency


Eli Lilly


Rosen Publishing Group Inc.


Paul H. Brookes Publishing Co., Inc.


Houghton Mifflin Harcourt Publishing Company


House of Skye LLC (formerly Sexy Back Bra, LLC)


The Forward Fund, Inc.


Ruth’s Hospitality Group, Inc.


Hanky Panky Ltd


Teachers College Press, Columbia University


Work highlights


  • Acting as co-counsel in defending UMG Recordings, Inc. against a class action in the U.S. District Court for the Southern District of New York, which alleges that the recording company defendants have routinely and systematically refused to recognize termination notices served under the U.S. copyright law.
  • Representing Atlantic Recording Corporation in a dispute over the ownership of master sound recordings which presents the issue of the applicability of the rule against perpetuities.
  • Representing the holder of the intellectual property rights for all works used by Jehovah’s Witnesses in the U.S. District Court for the Southern District of New York in a copyright infringement suit against a YouTuber who posted unauthorized and purloined copies of our client’s audio-visual works.

Kirkland & Ellis LLP

Leveraging the deep bench strength of locations across the US, Europe and Asia, the team at Kirkland & Ellis LLP remains a leader in the copyright space, advising multinational corporates across the tech, video games, aerospace, software, publishing and media sectors, including Epic Games, Riot Games and Take-Two Interactive. Intellectual property authority Dale Cendali, who represented Oracle in the Supreme Court and throughout the long-running Google v Oracle case, heads the practice, bringing experience to high-stakes infringement matters. Claudia Ray litigates complex combined copyright and competition law matters, while Joshua Simmons supports Cendali in assisting clients in tech and medical devices. All lawyers mentioned are in New York.

Practice head(s):

Dale Cendali


Other key lawyers:

Claudia Ray; Joshua Simmons


Testimonials

“This team has real expertise in copyright law and consistently apply winning strategies.”

“This team understands how not to waste client resources. Due to their expertise, they know how things go and when to expend resources versus when to cut to the chase and resolve the issue.”

“Kirkland’s team combine encyclopedic knowledge of IP law, passion for the businesses and sectors they serve, and best-in-class client service.”

“Dale Cendali and Josh Simmons are some of the best IP litigators.”

Key clients

Alcon Vision LLC


Astronics Corp. and Astronics Test Systems, Inc.


Epic Games, Inc.


Riot Games, Inc.


SAS Institute Inc.


Take-Two Interactive Software Inc.


Thomson Reuters Enterprise Centre GmbH and West Publishing Corp.


Loeb & Loeb LLP

The intellectual property group at Loeb & Loeb LLP remains a force in the marketplace, leveraging the deep bench strength of locations in the US and Asia, to represent household names such as Sony, Netflix and Paramount Pictures in high-stakes copyright litigation. The team is headed in Los Angeles by fashion, luxury and retail sector expert Melanie Howard,who brings experience to matters involving cryptocurrency, blockchain and NFTs, and in New York by Barry Slotnick, a music and entertainment specialist whose past clients have included the Beastie Boys, David Guetta, and the J.R.R. Tolkien Estate. David Grossman in Los Angeles is a go-to for major clients in film and television and is currently defending Netflix and the Duffer Brothers in a copyright infringement lawsuit filed over the series “Stranger Things.” Jonathan Zavin handles matters for major recording and publishing clients in New York, where seasoned litigator Wook Hwang also handles industry claims. Senior counsel Sarah Schacter departed in October 2022. Partner Tim Warnock in Nashville joined from Riley Warnock & Jacobson PLC in April 2022, and Los Angeles partners John Gatti and Lauren Fried arrived from Manatt, Phelps & Phillips, LLP in February and March 2022.

Practice head(s):

Melanie Howard; Barry Slotnick


Other key lawyers:

David Grossman; Jonathan Zavin; Wook Hwang


Key clients

Paramount Pictures


Lionsgate Entertainment


CBS


Netflix


The Duffer Brothers


NBCUniversal


Gary Oldman


Working Title


BET


Sony Pictures Entertainment


Marvel


Miramax


Straight Up Films


Tracy Chapman


Sony/ATV, Sony Music Publishing, Sony Music Entertainment


Warner/Chappell Music Publishing


Work highlights


  • Representing Paramount Pictures against the estate of Truman Capote which claims that they own the rights to the Academy Award-winning 1961 film “Breakfast at Tiffany’s”.
  • Representing Sony Pictures, Marvel and related companies in a copyright infringement action brought by a record label in the Southern District of New York over the allegedly unauthorized use of a song in the film “Venom”.
  • Representing singer/songwriter Tracy Chapman in a copyright infringement case based on rapper and songwriter Nicky Minaj’s sampling of Ms. Chapman’s works without permission in which the final result was a judgment entered in federal court in Ms. Chapman’s favor.

Arnold & Porter

The intellectual property group at Arnold & Porter defends the copyrights of sports leagues, broadcast and cable networks and major motion picture studios involved in high-stakes litigation. The practice is headed by experienced IP litigators Matthew Wolf in Washington DC and Dina Hayes in Chicago. Representing such household names as Fox and Disney, Dori Hanswirth brings media and entertainment expertise to the firm’s New York office, along with Theresa House, who represents major clients in television production and tech, and advises on complex First Amendment issues. Rhonda Trotter at the Los Angeles office currently represents consumer credit giant Experian in ongoing matters. In Washington DC, counsel Michael Kientzle specializes in the sports sector, representing Major League Baseball, the NBA, WNBA, NCAA, NFL and the NHL. In Los Angeles, counsel Oscar Ramallo employs a skill set in online marketing and a background as a clerk for the Chief Judge for the United States Court of Appeals for the Ninth Circuit.

Practice head(s):

Matthew Wolf; Dina Hayes


Other key lawyers:

Dori Hanswirth; Theresa House; Rhonda Trotter; Michael Kientzle; Oscar Ramallo


Key clients

The American Society of Composers, Authors and Publishers (ASCAP)


Disney


Eire Born Spirits LLC


Experian Companies


Fox


ITV America


Joint Sports Claimants (JSC), a consortium comprised of Major League Baseball, National Football League, National Basketball Association, National Hockey League,


Women’s National Basketball Association, and National Collegiate Athletic Association


Shortform


Work highlights


  • Represented the Joint Sports Claimants (JSC)—a consortium comprised of Major League Baseball, National Football League, National Basketball Association, National Hockey League, Women’s National Basketball Association, and National Collegiate Athletic Association—at both the trial and appellate level in copyright royalty allocation litigation involving more than $1bn in royalties.
  • Representing Experian, a multinational consumer credit reporting company, in copyright and trademark litigation, prosecution and counseling matters.

Kilpatrick Townsend & Stockton

The team at Kilpatrick Townsend & Stockton brings strength to representing major household names such as Warner Bros. Discovery, Paramount, Amazon, and Meta in high-stakes litigation and advising on the management and expansion of their high-value international copyright portfolios. Headed in Atlanta by James Trigg, an expert in disputes involving textile prints and photographic works, and in Silicon Valley by Joe Petersen, a specialist in litigation, arbitration and administrative proceedings, the team’s comprehensive services extend to China-related copyright issues and matters of fair use, secondary liability, joint authorship, work-for-hire agreements, and database protection. Dennis Wilson develops international protection strategies for corporates in media and tech at the Los Angeles office, where Kollin Zimmerman represents clients across such sectors as entertainment and consumer goods in complex preliminary injunction motions. At the firm’s New York office, Rob Potter, who represents Sesame Workshop, brings experience to anti-counterfeiting, and NFT guidance and counseling.

Practice head(s):

James Trigg; Joe Petersen


Other key lawyers:

Dennis Wilson; Kollin Zimmermann; Rob Potter


Key clients

Warner Bros. Discovery


Sesame Workshop


Live Nation


Interface


Viacom


Meta


Cox Media Group


Oxford Industries (owner of Lilly Pulitzer and Tommy Bahama brands)


Tory Burch


Snap


Inditex


adidas


Paramount


Snap


Amazon


Marriott International


Boppy Company


Latham & Watkins LLP

The US copyright team at Latham & Watkins LLP utilizes a global presence spanning North America, Europe, Asia, and the Middle East to advise clients across the tech, art, pharmaceuticals, and media sectors involved in high-stakes litigation, including such household names as Spotify, Johnson & Johnson, and Live Nation. The team is led by seasoned copyright litigators Andrew Gass in San Francisco and Sy Damle in Washington DC, who are lead counsels representing the Andy Warhol Foundation for the Visual Arts in a widely-covered US Supreme Court case related to the “fair use” of copyrighted content; Digital Millennium Copyright Act expert Allison Levine Stillman in New York; and Joe Wetzel, also in San Francisco, a specialist in the music and software sectors. Elana Nightingale Dawson in DC and Britt Lovejoy in San Francisco were promoted to partner in January 2023.

Practice head(s):

Sy Damle; Andrew Gass; Allison Stillman; Joe Wetzel


Other key lawyers:

Elana Nightingale Dawson; Britt Lovejoy


Testimonials

‘Strong team; very good client service; very personable. Good for the whole range of copyright matters, whether litigation, regulatory, commercial deals, etc.’

‘Sy Damle is a very good copyright attorney who is uniquely qualified for copyright regulatory questions.  Allison Stillman is a very good litigation strategist.’

‘Latham is the best firm in the United States in advising on technologically-complex copyright matters. They are exceptionally sharp on the law and are able to apply that legal analysis to complex technical issues. There is no doubt in my mind that the Latham copyright team is the best in the US.’

‘Andy Gass is widely recognized as one of the top copyright lawyers in the country. In addition to his legal expertise, he demonstrates an extremely sophisticated understanding of his clients’ businesses.’

‘There is no better team for licensee-side representation and counsel in the music space than Latham & Watkins. Each of the lead partners brings a unique and complementary skill set that allows them to engage effectively across virtually any potential legal issue in this complicated and ever-evolving space. They are truly one-of-a-kind and best in class.’

‘The four lead partners: Andy Gass, Sy Damle, Joe Wetzel, and Allison Stillman are all exceptional lawyers with a unique and complementary set of skills. From Andy’s keen eye for the ways in which competition law impact digital music issues, to Joe’s lead trial counsel experience, to Sy’s regulatory expertise and ability to tackle any issue of first impression, to Allison’s blend of strategic counsel and negotiating savvy I can’t think of any issue that would arise that they couldn’t tackle better than any other firm out there.’

‘Latham has a deep bench of internet and music copyright experts who are able to obtain a sophisticated understanding of their clients’ business (and business interests) and provide practical guidance against that backdrop.’

Key clients

The Andy Warhol Foundation for the Visual Arts, Inc.


Oracle America


Spotify


Shopify


Radio Music License Committee


Triller


Live Nation


Johnson & Johnson


National Association of Broadcasters


Pandora


Roblox


IMDb


Digital License Coordinator


Work highlights


  • Representing the Andy Warhol Foundation for the Visual Arts before the US Supreme Court in a case that addresses whether Andy Warhol’s creation of 16 works known as the “Prince Series,” featuring the late musician, constitute a “fair use” of copyrighted content.
  • Represented Oracle America Inc. in securing a $30m jury verdict for infringement of software copyrights by Hewlett Packard Enterprise.
  • Representing Spotify in its successful resolution of a multi-billion rate-setting proceeding (Phonorecords IV) for a mechanical license before the Copyright Royalty Board.

Mayer Brown

The copyright team at Mayer Brown advises major multinationals across the music, media, entertainment and tech sectors involved in high-stakes litigation. The team is headed by Paul Fakler, who brings extensive experience representing clients before the Copyright Royalty Board and other royalty rate setting venues, and John Mancini, a specialist in new media and internet disputes whose clients include Google and Spotify. Supported by Jacob Ebin, who represents clients before the US Department of Justice as part of its recurring reviews of the ASCAP and BMI Consent Decrees, the group’s full service extends to such matters as infringement, fair use defenses, royalty audits, licensing, the DMCA and its safe harbor for internet service providers, and copyright issues related to artificial intelligence. Representing media and publishing companies, Allison M. Aviki utilizes a background which includes appearances before the US Supreme Court, where she has filed amicus briefs and served clients as both cert-stage and merits counsel. All the lawyers mentioned work in the New York office.

Practice head(s):

Paul Fakler; John Mancini


Other key lawyers:

Jacob Ebin; Allison M. Aviki


Key clients

Pandora Media, LLC


Google


Music Choice


Orchestra Music Licensing Association


Sirius XM


Spotify USA Inc.


Television Music License Committee LLC


Work highlights


  • Representing Google in connection with copyright infringement claims brought by a video game developer.
  • Representing Pandora Media, LLC in a group of copyright infringement cases filed by various comedians or their estates.
  • Advising SiriusXM with respect to complex music copyright and related policy issues, including counseling regarding the implementation of new music licensing procedures implemented by the Music Modernization Act.

Mitchell Silberberg & Knupp LLP

A go-to firm for video game developers locked in high-stakes copyright litigation, Mitchell Silberberg & Knupp LLP utilizes the combined bench strength of offices in Los Angeles, New York, and Washington DC to represent such multinational corporates as Activision Blizzard and Riot Games, across the tech, media, entertainment, food, and beverages sectors. The team is led in Los Angeles by Karin Pagnanelli, who advises interactive game franchises and video game companies, and in New York by music industry specialist Christine Lepera, who represents major solo artists, bands, and labels. Marc Mayer brings longstanding experience to acting against creators of cheating-software ‘bots’ on behalf of video game publishers in LA, where Emily Evitt handles infringement claims on behalf of television and movie studios. In addition to media and entertainment clients, Eleanor Lackman in New York acts for companies in fashion, e-commerce, and consumer goods. In LA, Russell Frackman remains a key figure in music industry matters. Partner Alesha Dominique departed in April 2022.

Practice head(s):

Karin Pagnanelli; Christine Lepera


Other key lawyers:

Marc Mayer; Emily Evitt; Eleanor Lackman; Russell Frackman


Key clients

Activision Blizzard


Riot Games


BDG Media


Blue Apron


Orrick, Herrington & Sutcliffe LLP

Leveraging the bench strength of its national presence, the copyright team at Orrick, Herrington & Sutcliffe LLP represents major multinationals in tech, media and telecoms involved in high-stakes litigation. Headed by intellectual property group leader Clement Seth Roberts in San Francisco and IP business co-chair Alyssa Caridis in Los Angeles, the practice’s full service extends to complex class action suits and preliminary injunctions. In San Francisco, Annette Hurst provides experience in software disputes and recently successfully represented LinkedIn in a case involving the ‘scraping’ of its website and member data. In Boston, veteran trial lawyers David Hosp acts for tech and media companies such as Microsoft and the New York Times. Robert Uriarte in Silicon Valley counsels start-ups on security and internet law issues. Nathan Shaffer in San Francisco, who was a member of the trial team in Oracle v. Google and who specializes in dispositive motion practice and damages determinations, was promoted to partner in April 2022.

Practice head(s):

Clement Seth Roberts; Alyssa Caridis


Other key lawyers:

Annette Hurst; David Hosp; Robert Uriarte; Nathan Shaffer


Key clients

LinkedIn Corporation


Cox Communications


Maplebear Inc. d/b/a Instacart


Unicolors


Synopsys


Rocket Resume


Microsoft


Work highlights


  • Representing Unicolors in securing a 6-3 victory at the US Supreme Court in a case involving the rights of creators who rely on the US copyright registration system.
  • Representing LinkedIn against hiQ, getting an earlier preliminary injunction dissolved and all of hiQ’s claims dismissed on summary judgment.
  • Representing Cox Communications in the appeal of a recording industry jury verdict of over $1bn against Cox for the infringement of over 10,000 songs by subscribers using Cox’s network.

Pryor Cashman LLP

Backed by the bench strength of its Los Angeles and Miami locations, the experienced copyright music and entertainment industry specialists at New York-based firm Pryor Cashman LLP advises celebrities, brands, artists, and influencers on the monetization of their copyright assets and safeguards them through high-stakes litigation. Led by Tom Ferber, who brings extensive experience handling disputes for songwriters, record labels and recording artists, and digital music expert Frank Scibilia, who represents, with Ben Semel, the Mechanical Licensing Collective, a nonprofit designated by the US Copyright Office, which administers mechanical licenses to streaming services and collect royalties for artists and publishers. Ilene Farkas and Donald Zakarin handle high-value music infringement claims and represent such clients as Ed Sheeran, Sony/ATV, and Atlantic Records. Associate Maraiya Hakeem utilizes a background in media and entertainment to act for writers, directors and film and television studios. All the lawyers mentioned work in the New York office.

Practice head(s):

Frank Scibilia; Tom Ferber


Other key lawyers:

Ben Semel; Ilene Farkas; Donald Zakarin; Maraiya Hakeem


Key clients

Mechanical Licensing Collective (MLC)


National Music Publishers’ Association (NMPA)


Muserk


Sony Music, Arista Records, and other plaintiffs


AMC Networks


Universal Polygram International Publishing, E.P.H.C.Y. Publishing, and Stones Throw LLC


Chris Brown and Sony Music Entertainment


Paulo Londra and Big Ligas


Ed Sheeran, Sony/ATV Music Publishing, Atlantic Records and others


Work highlights


  • Representing the Mechanical Licensing Collective for the obtainment of fair compensation of songwriters and music publishers.
  • Representing Sony Music Entertainment in a copyright infringement lawsuit against Vital Pharmaceuticals, the producer of Bang Energy Drink involving the usage of copyrighted songs without permission on TikTok and other social media platforms.
  • Advised Muserk, an AI tech-driven global rights management agency for music and video, on the structure and formation of its joint venture partnership with Video Research, a Japanese marketing and media research company, to reduce piracy of Japanese content worldwide.

Quinn Emanuel Urquhart & Sullivan, LLP

Employing the bench strength of a global network, the team at Quinn Emanuel Urquhart & Sullivan, LLP safeguards the copyrights of household names in entertainment and tech, such as Vimeo, Spotify, Twitter, and Jay-Z, in high-stakes litigation, and advises on the management of their international portfolios. The team is led by an experienced group of partners: seasoned commercial litigator and international arbitrator Rachel Epstein and Todd Anten, who is representing the Andy Warhol Foundation in its Supreme Court “fair use” case, in New York; Dan Posner in Los Angeles, who acts on behalf of both plaintiffs and defendants at the trial court and appellate levels; and Margret Caruso in Silicon Valley, a specialist in infringement actions concerning design, biochemical, computer, and mechanical patents. In Los Angeles, Robert Raskopf remains a go-lawyer for film studios, production companies, broadcast networks and video game developers. In New York, Rachel Epstein brings experience in international arbitration. Special counsel Robert Raskopf provides his copyright litigation expertise in New York.

Practice head(s):

Margret Caruso; Rachel Epstein; Todd Anten; Dan Posner


Other key lawyers:

Robert Schwartz, Rachel Epstein, Robert Raskopf


Key clients

Proofpoint


Zuru, Inc.


Vimeo, Inc. & Connected Ventures, LLC


Spotify USA Inc.


Snail Games USA Inc. and Wildcard Properties LLC


NetEase Inc., Hong Kong NetEase Interactive Entertainment


Limited, and NetEase Information Technology Corporation


The Andy Warhol Foundation for the Visual Arts, Inc.


Shawn “Jay-Z” Carter


Big Run Studios Inc. and Skillz Platform Inc.


TIBCO Software Inc.


BabyBus Co., Ltd. & BabyBus (Fujian) Network Technology Co.


VIZIO, Inc.


Zazzle Inc.


Twitter, Inc.


TeamLab, Inc.


Work highlights


  • Represented Proofpoint, Inc., where the jury rendered a verdict that its competitor, Vade, had infringed Proofpoint’s copyrights.
  • Representing Spotify USA Inc. in a litigation brought by the owners of the mechanical rights in Eminem’s early catalog.
  • Representing Snail Games USA Inc. and Wildcard Properties LLC (“SWC”) in a copyright case between video game companies.

Weil, Gotshal & Manges LLP

Backed by a global network, the copyright team at Weil, Gotshal & Manges LLP represents and advises social media platforms, digital music streamers, book publishers, and e-commerce companies on a diverse spectrum of copyright issues, including infringement and licensing disputes, secondary liability, and DMCA compliance. Benjamin Marks leads the team, bringing expertise to music copyright royalty cases, having recently helped music streamer Pandora secure a major settlement in August 2022 with US music publishers before the Copyright Royalty Board. Randi Singer represents clients in publishing, social media and e-commerce, including Meta and eBay, involved on complex infringement matters. Todd Larson specializes in the high-value negotiation of music publishing and sound recording performance licenses. In Washington DC, experienced litigator Mark Perry joined from Gibson, Dunn & Crutcher LLP in May 2022. Unless noted, all lawyers mentioned work in New York.


Practice head(s):

Benjamin Marks


Other key lawyers:

Randi Singer; Todd Larson


Key clients

Sirius XM Radio


Pandora Media


Alibaba Group


Meta Platforms/Facebook (including subsidiaries Instagram, WhatsApp, and Oculus)


eBay


A&E Television Networks


North American Concert Promoters Association


Association of American Publishers


MGA Entertainment


S&P Global


Work highlights


  • Representing Pandora Media in an industry-wide Copyright Royalty Board proceeding.
  • Representing A&E in challenging competitor Reelz’ airing of a copycat version of A&E’s reality show, Live PD.
  • Representing Alibaba against allegations by Alexander Stross that Alibaba failed to remove infringing photographs posted by a third-party seller using Alibaba’s platform.

Winston & Strawn LLP

The team at Winston & Strawn LLP utilizes the bench strength of its global presence to represent entertainment and digital media companies including household name Hasbro, and major corporates in telecoms, financial services, publishing, and beverages involved in high-value infringement litigation. The practice is led by Michael Elkin in New York, who brings expertise to disputes involving the streaming of motion picture, television, and music properties, David Enzminger in Los Angeles, who specializes in technology litigation, and Jennifer Golinveaux in San Francisco, who, along with Elkin, defends internet service providers against secondary liability claims for infringement brought by their subscribers. Erin Ranahan in LA advises music and film clients on a wide range of copyright infringement matters and the safe harbor provisions of the DMCA. Of counsel Robert Vlasis in Washington DC joined from Weil, Gotshal & Manges LLP in June 2022. Of counsel Ryuk Park in Silicon Valley joined in September 2022 from an in-house position. Partner Paul Salvaty in Los Angeles joined from Hogan Lovells US LLP in March 2022. Recent partner departures include Michael Nutter in August 2022 and Merritt Westcott in September 2022.

Practice head(s):

Michael Elkin; Jennifer Golinveaux; David Enzminger


Other key lawyers:

Erin Ranahan; Ryuk Park; Robert Vlasis; Paul Salvaty; Cesie Alvarez; Tom Kearney


Testimonials

‘They are very focused on IP litigation, and have deep resources of contacts on which their clients can rely.’

‘The team including Michael Elkin, Jennifer Golinveaux, Cesie Alvarez and Tom Kearney, have an encyclopedic depth of knowledge of copyright litigation that is simply unsurpassed. The recall of information and case law is simply front of mind for them. And they are each a genuine pleasure with whom to work.’

Key clients

Charter Communications


Bright House Networks LLC


Cloudflare, Inc.


Cox Communications


Bill Graham Archives (dba Wolfgang’s Vault)


Hasbro/Entertainment One


Krafton, Inc.


Work highlights


  • Represented Bright House Networks LLC in a copyright infringement suit filed by the U.S. record companies and music publishers.
  • Represented Bill Graham Archives, owner of an important collection of rock memorabilia and recordings, in a copyright dispute, when the Ninth Circuit reversed the district court’s grant of class certification.
  • Representing Krafton, Inc., the publisher of the video game PlayerUnknown’s Battlegrounds, in its copyright infringement lawsuit against Garena, Apple, Google, and YouTube and in a related arbitration in Singapore.

ArentFox Schiff

ArentFox Schiff leverages the bench strength of its national presence to advise household names in tech, automobiles, entertainment, and fashion, including Mick Jagger and Keith Richards, Amazon, Ferrari and Tesla, on high-stakes litigation and the management of their international copyright portfolios. The team is led in Washington DC by fashion law expert Anthony Lupo, who has acted for Diane von Furstenberg, Yves Saint Laurent, and Valentino. US and Venezuela-qualified litigator Ricardo Fischer, also in DC, heads the firm’s trademark team and brings experience to advising clients in the confectionary and coffee industry. In New York, Michelle Mancino Marsh, who heads the firm’s consumer products group, assists major corporates in media, financial services, and agricultural products, on with disputes and IP strategy. Matthew Finkelstein and Ross Charap, also in New York, advise music songwriters and recording artists on termination rights. Partner Michelle Cooke joined from Manatt, Phelps & Phillips, LLP in August 2022.

Practice head(s):

Anthony Lupo


Other key lawyers:

Ricardo Fischer; Michelle Mancino Marsh; Matthew Finkelstein; Ross Charap; MaryLee Jenkins


Testimonials

‘Great advice with respect to innovative IP protection in the realm of fashion law.’

‘Michelle Mancino Marsh has a great understanding of the fashion industry.’

‘Well-seasoned, smart, efficient, expert, results-oriented, deep bench, resourceful.’

Key clients

Warner Bros. Discovery


Mick Jagger and Keith Richards and their music publishing company Promopub B.V.


Estate of William E. “Billy” Preston


Livelihood Music Company


Raynard Miner


Amazon


Boston Dynamics


Stone Castle Partners, LLC


Encyclopaedia Iranica Foundation


Buzzfeed


Safe Harbor Marinas, LLC


Ferrari


Tesla


BMG Rights Management (US) LLC


Work highlights


  • Represented Mick Jagger and Keith Richards of the Rolling Stones in the serving of notices of termination in respect of the original grants of United States copyright in many of their songs.
  • Representing Warner Bros. Discovery’s in the protection of its international and domestic trademark and copyright portfolio, including global branding initiatives for each business unit, as well as litigation and licensing activities related to the company’s consumer products.
  • Representing Amazon in a copyright litigation pending in the Southern District of New York, concerning the rights to distribute such films as Austin Powers: International Man of Mystery.

BakerHostetler

BakerHostetler brings experience to representing start-ups, publishing companies, online media companies, performance rights societies, radio networks, and television and film studios involved in high-stakes copyright litigation. The group also assists clients with matters related to variable printing technologies, automated payment systems, cryptography hard disk algorithms, internet advertising and network administration. The team is headed in Cleveland by Deborah Wilcox, a seasoned litigator with deep experience in the practice space, who advises on social media sites, NFTs, and mobile apps. Kevin Bovard in Philadelphia counsels on portfolio management and acts as lead counsel in infringement suits and related copyright breach of contract cases. The group’s client base, which includes such household names as Big Lots Stores, also extends to cover the retail, life sciences and insurance sectors. Nancy R. Frandsen departed from the firm in January 2023.

Practice head(s):

Deborah Wilcox


Other key lawyers:

Kevin Bovard


Key clients

IGT and IGT Canada Solutions ULC


Big Lots Stores, Inc.


Culligan International Company


HSN, Inc. (Frontgate, Ballard Design, Cornerstone Brands, Cinmar, Grandin Road, Ingenious Design, Joy Mangano, HSN Improvements, Garnet Hill Zekelman Industries, Inc., Z-Modular LLC and Z-Modular Canada Inc. FKA Vectorbloc Corp)


Davis+Gilbert LLP

New York-based firm Davis+Gilbert LLP employs the experience of its ‘really sharp and knowledgeable team’ to advise household name corporates such as Gordon Ramsay and Little Caesars on the creation, protection, and enforcement of their global copyright portfolios. The team is led by advertising and marketing expert Ronald Urbach, representing clients across the digital media and entertainment, cosmetics, automotive and hospitality industries. Marc J Rachman brings expertise to complex disputes involving music, photo, pictorial, sculptural, and literary works. Veteran IP litigator Guy R Cohen utilizes extensive experience in the IP space to act for corporates across a diverse spectrum of sectors, including media, consumer goods, and retail. Ashima Dayal advises creative professionals, book publishers, authors, filmmakers, and designers, in disputes involving the use of third-party material. Sara Edelman specializes in assisting content creators, advertising agencies, and fashion companies. All the lawyers mentioned work in the New York office.

Practice head(s):

Ronald Urbach


Other key lawyers:

Marc J Rachman; Guy R Cohen; Ashima Dayal; Sara Edelman


Testimonials

‘Really sharp and knowledgeable team who will actually give you legal advice that’s in your best interest as opposed to trying to maximize their fees, which has been my experience with many other lawyers in the past.’

‘The team is lean and strong. There is significant involvement by the partners, but the fees are still reasonable. They understand the needs of their clients and are sensitive to providing the best value for their services at a reasonable price.’

‘Marc Rachman puts his clients first. He appreciates when to take a risk and when to save money. He provides practical advice and follows up to assist with compliance where needed.’

Key clients

Gordon Ramsay


Hypixel Studios


Little Caesars


ModTruss, Inc.


Vizio


Blockthrough


International Cosmetics & Perfumes (The House of Creed)


GrubHub Seamless


Merlyn Mind


Clean.io


Work highlights


  • Representing a broadcaster in its claim against a streaming service’s unauthorized and infringing retransmission of copyrighted content.
  • Representing numerous fashion brands in relation to copyright and trademark clearance, including conducting appropriate clearance searches and providing counsel on the availability of fashion designs.
  • Represented a retailer in a copyright infringement action, settling the case on extremely favorable terms.

DLA Piper LLP (US)

Backed by the bench strength of a global network spanning the Americas, Europe, the Middle East, Africa, and the Asia Pacific region, the practice at DLA Piper LLP (US) provides comprehensive management and enforcement services and safeguards the copyrights of such household names as Nike and The Home Depot through high-stakes litigation. The team is headed by Sean Cunningham in San Diego, Gina Durham in San Francisco, a specialist in rights creation, clearance, and prosecution, and Tamar Duvdevani in New York, a seasoned litigator who counsels clients in the fashion and consumer goods sectors. The group was bolstered by the arrival from Morgan, Lewis & Bockius LLP of partner Kevin Fee, who brings expertise to complex matters involving combined elements of copyright, administrative, and constitutional law, in May 2022 and senior associate Rachel Fertig, who advises clients across the art, music, tech, and media sectors, in September 2022.

Practice head(s):

Sean Cunningham; Gina Durham; Tamar Duvdevani


Other key lawyers:

Kevin Fee; Rachel Fertig


Key clients

American Society for Testing and Materials (ASTM)


International Codes Council (ICC)


The Home Depot


Studio 71


Nike, Inc.


United States Postal Service


Work highlights


  • Representing American Society for Testing and Materials (ASTM), which in a case in which ASTM and two other non-profit standards development organizations sued Public.Resource.Org (“PRO”) for copyright and trademark infringement after PRO posted on its website unauthorized copies of the plaintiffs’ privately authored standards.
  • Representing ICC in a copyright infringement lawsuit against UpCodes, Inc., a venture-capital-backed start-up company.
  • Representing The Home Depot in connection with claims for copyright infringement brought by plaintiff tile manufacturer, claiming that the faux-marble tile sold by the company infringes its exclusive rights in its designs.

Fenwick & West LLP

With a presence spanning North America and Asia, the copyright group at Fenwick & West LLP brings strength to mounting defenses for tech, gaming, cybersecurity, and e-commerce corporates involved in complex, high-stakes infringement litigation. The group is led in San Francisco by Jennifer Stanley, who chairs the firm’s games industry group and advises on AI copyright issues, and Laurence Pulgram, a software sector expert with great experience in the practice space. The team is supported in Silicon Valley by internet issues expert David Hayes, who counsels clients on the copyright protection of software application programming interfaces and related data formats, and veteran tech litigator Andrew Bridges, a specialist in the development of global strategies for online platforms and consumer-oriented companies.

Practice head(s):

Jennifer Stanley; Laurence Pulgram


Other key lawyers:

David Hayes; Andrew Bridges


Testimonials

‘They are unique in their dedication to public service and to their expertise in intellectual property.’

Key clients

Cloudflare


Niantic Labs


OpenAI


NVIDIA


Chegg


Alteryx


Work highlights


  • Represented Cloudflare in achieving a summary judgment of no copyright infringement.
  • Advising clients such as Alteryx on copyright protection of software application programming interfaces (APIs) and related types of software interfaces and data formats.
  • Representing Chegg, Inc. in a copyright infringement dispute concerning whether copyright covers the mere answering of questions in textbooks.

Manatt, Phelps & Phillips, LLP

Harnessing the bench strength of its 10 national offices, the team at Manatt, Phelps & Phillips, LLP brings experience to representing major music and entertainment industry clients involved in high-stakes disputes. The practice is led by seasoned entertainment litigator Robert Jacobs, counsel Jessica A. Wood, who specializes in such sectors as digital media, food and beverages, toys, consumer products, and fashion and apparel, and the firm's digital and technology transactions business unit head Eric Bergner. In January 2022, the team was bolstered by the arrival of Christopher Chatham, who moved to the firm from his boutique Chatham Law Group, along with associate Sandra Bignone. Previous practice head Michelle Cooke departed in July 2022. All the lawyers mentioned work in Los Angeles.


Practice head(s):

Jessica Wood; Robert Jacobs; Eric Bergner


Testimonials

‘Top-flight lawyers with tremendous practical skills and real world experience. They can staff a matter properly and carry out even the most complex tasks.’

Key clients

Chef Bobo Brand


CliniComp International, Inc.


Dick’s Sporting Goods


Eurostar, Inc., d/b/a WSS


Marshmello


Mount Sinai Health System


UltraV Holdings, d/b/a Rogue Films and Relativity Media


Work highlights


  • Managing and advising on Eurostar’s international IP portfolio,  after handling all of the IP due diligence related to the company’s $750m acquisition by Foot Locker.
  • Served as lead defense counsel for Christopher Comstock p/k/a Marshmello, Bastille (Dan Smith) and Steve Mac, in a copyright infringement lawsuit in which summary judgment motions were granted in full.

O'Melveny & Myers LLP

The team at O'Melveny & Myers LLP leverages the bench strength of locations across the US, Europe and Asia to represent household names in entertainment, including Disney, Warner Bros. Entertainment, and Paramount Pictures, in high-stakes litigation. In Los Angeles, the team is headed by experienced tech litigator Ryan Yagura, along with Molly Lens at the Century City office, who specializes in motion picture industry copyright termination matters and successfully settled a recent dispute for Disney involving a claim filed by the writers of the 1987 film "Predator". David Eberhart brings experience to handling complex infringement claims for software developers in San Francisco. Daniel Petrocelli, who also advises sports and real estate sector clients, assists Lens in a variety of entertainment disputes.

Practice head(s):

Ryan Yagura; Molly Lens


Other key lawyers:

David Eberhart; Daniel Petrocelli


Key clients

Artifex Software, Inc.


Elasticsearch Inc.


Global Music Rights, LLC


Marvel Characters


Paramount Pictures


Searchlight Pictures


Sirius XM Radio


The Walt Disney Company


Warner Bros. Entertainment, Inc.


Work highlights


  • Representing Global Music Rights, LLC, in a litigation involving copyright licensing and antitrust law with regards to performing rights organizations.
  • Represented Elasticsearch to the eve of trial as plaintiff in a copyright infringement case against German company Floragunn GmbH involving software products.
  • Represented major studios in multiple cases involving the validity of copyright termination notices, including cases that presented issues of firm impression.

Oppenheim + Zebrak Law, LLP

The copyright group at Washington DC and New York-based intellectual property boutique firm Oppenheim + Zebrak Law, LLP specializes in representing major book and music publishers and record companies, including Sony Music Entertainment, Warner Music Group, Harper Collins, and Penguin Random House, in high-value infringement litigation. The group is headed in DC by music industry expert Matt Oppenheim and Scott Zebrak, who brings longstanding copyright counseling and litigation experience, and in New York by Alex Kaplan, a specialist in the sports and entertainment sectors. Also in DC, Michele Harrington Murphy acts in complex federal litigation involving counterfeiting, digital rights enforcement, licensing, and royalties disputes, and Jeff Gould assists the firm’s record company and clients with brand protection strategy.

Practice head(s):

Matt Oppenheim; Scott Zebrak; Alex Kaplan


Other key lawyers:

Michele Harrington Murphy; Jeff Gould


Testimonials

‘One of the top IP litigation boutiques in the country, especially where copyrights or counterfeiting is involved. Great trial lawyers, strategic thinkers, great at writing convincing briefs. Responsive, efficient, fair rates.’ 

‘They are incredibly smart, responsive, efficient. Led by Matt Oppenheim and Scott Zebrak, their younger partners and associates are all terrific, hardworking, efficient.’

Key clients

Sony Music Entertainment


Universal Music Group


Warner Music Group


Recording Industry Association of America


American Chemical Society


MacMillan Learning


Cengage Learning


McGraw-Hill Education


Pearson Education


John Wiley & Sons


Elsevier


Hachette Book Group


Harper Collins


Penguin Random House


Association of American Publishers


National Music Publishers Association


Global Music Rights


Big Machine Music


Concord Music Publishing


Concord Music Group


Hipgnosis


Peermusic III


Reservoir Media Management


Work highlights


  • Represented the Association of American Publishers, in successfully challenging the constitutionality of a recently enacted Maryland law that would have required publishers to license their literary works in eBook format to Maryland libraries on terms set and regulated by the state.
  • Represented Universal Music Group, Sony Music, and Warner Music, against the offshore owner/operator of a pair of music piracy websites that provide users a “stream-ripping” service that converts authorized video streams from 3rd party platforms to downloadable audio files.
  • Represented major educational publishers against Shopify, an e-commerce site, for knowingly and intentionally continuing to assist pirate storefronts using its services to infringe.