Cases
Experience: Media
First Amendment Litigation
In V
erSloot v. Foundation for National Progress, a defamation action by a billionaire Idaho businessman, obtained summary judgment in favor of news media clients
waiver of right to appeal. The court held that Mother Jones did not defame plaintiffs because all of the statements at issue were non-actionable truth or substantial truth
protected as fair comment under the First Amendment.
Represented media clients in litigation across the state of California to enforce the public right of access to records of police serious uses of force
misconduct
obtained published opinion upholding access to records. Walnut Creek Police Officers' Assn. v. City of Walnut Creek, 33 Cal.App.5th 940 (2019).
Represented media clients
obtained published appellate court ruling setting important precedent protecting the rights of public records requestors to intervene in reverse PRA cases
to recover their attorney's fees if they prevail. Carlsbad Police Officers Assn. v. City of Carlsbad, 49 Cal. App. 5th 135 (2020).
Obtained dismissal of defamation action brought against media client in Kentucky state court based on a Tweet.
Successfully quashed subpoenas to the Electronic Frontier Foundation that would have invaded EFF's First Amendment rights
reporter's privilege.
Brought successful motions under California's anti-SLAPP statute, striking claims as diverse as fraud, conspiracy
civil RICO claims.
Copyright, Trademark
Trade Secret Litigation
Represented Silicon Valley software startup in copyright
trade secret litigation brought by former employer of the company's principals, obtaining a favorable settlement securing the company's rights to its software
ability to operate after filing opposition to the plaintiff's motion for preliminary injunction.
Successfully pursued cybersquatting
trademark infringement claims on behalf of an international online entertainment client against the operators of infringing websites in Europe
case settled with assignment of trademarks
domain names to client after rulings in favor of client on various pre-trial motions.
Successfully defended online content distributor from claims of copyright infringement in litigation in Tennessee
obtained favorable resolution of claims in California.
Represented established California software provider in trade secret
theft-of-idea litigation, obtaining prompt resolution through nominal financial settlement.
Advised San Francisco-based software provider in addressing, without litigation, concerns regarding trade secret misappropriation by foreign contract software developer.
Patent Litigation
Represented an international computer hardware manufacturer in complex multiple patent litigation, defeating a motion for preliminary injunction,
successfully obtaining a stay of litigation pending reexamination
invalidation or amendment of most asserted claims.
Represented electronics retailer in settling patent infringement dispute
obtaining a license on favorable terms.
Other Representative Matters
Obtained two denials of class certification in federal consumer class action brought against major hard drive manufacturer. In re Seagate Tech. LLC Litig., No. 16-cv-00523-JCS, 2019 U.S. Dist. LEXIS 10234, 2019 WL 282369 (N.D. Cal. Jan. 22, 2019) (denying plaintiffs' second attempt at class certification).
Obtained dismissal of retail client from putative class action alleging RICO claims.
Represented electronics retailer in state court complex action involving fraud, contract
unfair business practices claims
counter-claims.
Representing
counseling clients in h
ling disputes that may be within the scope of Section 230 of the Communications Decency Act.
Advice
Counseling
Privacy Compliance: Counseling media, retail, technology
nonprofit clients on privacy compliance including implementing compliance programs under the EU General Data Protection Regulation (GDPR),
the California Consumer Privacy Act (CCPA). Clients include international online entertainment company, international pharmaceutical company, global beauty company, international non-profit organization, startups, mobile game developer
others.
Copyright, Digital Millennium Copyright Act,
IP Rights Enforcement: Counseling clients on copyright
DMCA compliance, on the one h
,
copyright
rights enforcement on the other.
Scraping, Web Crawling
Computer Fraud
Abuse Act Issues: Advising clients on compliance
in disputes concerning accessing
collecting online information. Clients include online services providers, journalists
publishers.
Pre-publication
Pre-broadcast Training: Providing training for editors
publishers in mitigating defamation, privacy,
intellectual property rights risks prior to publication.
Subpoena
Warrant Response: Assisting U.S.
non-U.S. clients in responding to private litigant
government dem
s for information, including dem
s for user data
identifying information.
