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Kirkland & Ellis LLP

Joshua Simmons

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Work +1 212-446-4989
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Kirkland & Ellis LLP

Work Department

Intellectual Property

Position

Joshua Simmons litigates and counsels on copyright, patent, publicity right, trademark, and trade secret matters—particularly complex cases and those of first impression. He is recognized for his appellate and trial court representations in media, entertainment, and software cases, such as those involving: Fox’s Modern Family, Fox News’ telecasts, Take-Two’s and Epic Games’ video games, F. Schumacher’s designs, Damien Hirst’s art, the Anastasia and Spider-Man Broadway musicals, as well as the software and technologies of Cisco, IBM, LivePerson, Motorola, Oracle, Samsung, and Sharp. Legal 500 named him a “Next Generation Lawyer,” and Law360 named him a “Rising Star.”

Education

Columbia University School of Law, J.D., 2010, Carroll G. Harper Prize (achievement in intellectual property), Harlan Fiske Stone Scholar; Columbia Business Law Review, Executive Editor; Brandeis University, B.A., Politics, 2006, Minor in Computer Science.


United States: Intellectual property

Trade secrets (litigation and non-contentious matters)

Within: Next Generation Partners

Joshua Simmons - Kirkland & Ellis LLP

Within: Trade secrets (litigation and non-contentious matters)

Kirkland & Ellis LLP's sizable IP team is regularly involved in trade secret disputes. New York- based Dale Cendali leads the team and alongside Joshua Simmons represented IBM in a dispute against Teraproc, which is run by former IBM employees, alleging that the start-up used source code owned by the client for its workload management platform. Also in the New York office, Claudia Ray and Joseph Loy acted for Dollar Shave Club against Edgewell Personal Care Company, which allegedly used an unlawful non-compete agreement for a senior employee who now works for the client. Los Angeles-based Diana Torres defended EVelozcity and two of its executives in trade secret litigation brought by Faraday Future involving AI electric vehicle technology. From the DC office, Christopher Mizzo represented The Chamberlain Group in litigation against a number of competitors alleging trade secret misappropriation in relation to garage door openers. Another contact in DC is Craig Primis, who represented Boeing in a dispute against its former subcontractor, which alleged that a misappropriation of confidential information arose from the US Air Force’s award of a contract to the client. San Francisco-based Adam Alper and Michael De Vries from the Los Angeles office acted for Motorola against Hytera Communications, which allegedly stole thousands of the client's documents.

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Trademarks: litigation

Within: Trademarks: litigation

Dale Cendali is a ‘world class litigator’ who heads a ‘great team of highly trained lawyers’ at Kirkland & Ellis LLP. Alongside John O'Quinn, the ‘brilliant’ Claudia Ray and Diana Torres, Cendali recently represented Nike at the Federal Circuit, which overturned a previous ITC ruling, supporting the client’s enforcement efforts against knockoffs of its Converse Chuck Taylor design. Ray, Torres and Cendali also assisted Johanna Schmitt and Joshua Simmons in defeating a motion for preliminary injunction filed by Equinox Hotel Management against client Equinox Holdings; the plaintiff sought to prevent the client from using the ‘Equinox’ trademark in connection with its forthcoming hotel line, though failed to establish a likelihood of success on the merits of irreparable harm. Industries of expertise include media and entertainment, software and technology, financial services, consumer products and fashion. Torres is based in LA while O’Quinn operates from Washington DC. All other named attorneys are part of the firm’s New York office.

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United States: Media, technology and telecoms

Media and entertainment: litigation

Within: Media and entertainment: litigation

Kirkland & Ellis LLP's copyright, trademark, internet and advertising team, based in New York, frequently handles litigation for clients in the media and entertainment sector. Intellectual property litigation expert Dale Cendali is a key contact; she and Joshua Simmons recently led the successful representation of Take-Two Interactive Software in obtaining an injunction against the defendant who created software programs allowing players to create unauthorised features in Take-Two’s online video game Grand Theft Auto. In addition to the gaming industry, the group's experience spans across the music, theatre, film and television sectors; recent matters have included defending Sun TV Network in copyright litigation brought by Freeplay Music and advising Stage Entertainment in copyright infringement relating to the hit Broadway musical Anastasia. Claudia Ray and Johanna Schmitt are noted for their expertise.

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