Media and First Amendment Litigation
- In VanderSloot v. Foundation for National Progress, a defamation action by a billionaire Idaho businessman, obtained summary judgment in favor of news media clients and 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 and 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 and misconduct and 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 and obtained published appellate court ruling setting important precedent protecting the rights of public records requestors to intervene in “reverse PRA” cases and 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 and reporter’s privilege.
- Brought successful motions under California’s anti-SLAPP statute, striking claims as diverse as fraud, conspiracy and civil RICO claims.
Copyright, Trademark and Trade Secret Litigation
- Represented Silicon Valley software startup in copyright and trade secret litigation brought by former employer of the company’s principals, obtaining a favorable settlement securing the company’s rights to its software and ability to operate after filing opposition to the plaintiff’s motion for preliminary injunction.
- Successfully pursued cybersquatting and 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 and 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 and obtained favorable resolution of claims in California.
- Represented established California software provider in trade secret and 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, and successfully obtaining a stay of litigation pending reexamination and invalidation or amendment of most asserted claims.
- Represented electronics retailer in settling patent infringement dispute and 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 and unfair business practices claims and counter-claims.
- Representing and counseling clients in handling disputes that may be within the scope of Section 230 of the Communications Decency Act.
Advice and Counseling
Privacy Compliance: Counseling media, retail, technology and nonprofit clients on privacy compliance including implementing compliance programs under the EU General Data Protection Regulation (GDPR), and 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 and others.
Copyright, Digital Millennium Copyright Act, and IP Rights Enforcement: Counseling clients on copyright and DMCA compliance, on the one hand, and copyright and rights enforcement on the other.
Scraping, Web Crawling and Computer Fraud and Abuse Act Issues: Advising clients on compliance and in disputes concerning accessing and collecting online information. Clients include online services providers, journalists and publishers.
Pre-publication and Pre-broadcast Training: Providing training for editors and publishers in mitigating defamation, privacy, and intellectual property rights risks prior to publication.
Subpoena and Warrant Response: Assisting U.S. and non-U.S. clients in responding to private litigant and government demands for information, including demands for user data and identifying information.
