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Practice:

  • Geistiges Eigentum
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

R. David Hosp Partner

Boston; New York

David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.

Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:

  • Represents inventors of AI technology in connection with class action copyright claims brought by copyright owners against Databricks related to training of LLMs.
  • Advises AI technology companies with respect to litigation risks and potential copyright and Lanham Act claims
  • Represents Altice in defending cases brought by the music industry alleging secondary liability for subscribers’ alleged infringement of musical works utilizing BitTorrent on Altice’s internet platforms;
  • Represents the University of Washington in defense of First Amendment claims brought by a professor where UW was recently granted summary judgment on all claims;
  • Recently represented UW in successful defense of defamation claims brought by Project Veritas over debunking of 2020 election interference reports;
  • Recently represented blockchain company partnered with Quentin Tarantino in successful defense of first-impression copyright and trademark claims brought by Miramax over the creation and sale of NFTs involving the hand-written script for the motion picture Pulp Fiction;
  • Represented Samsung in successful defense and settlement of trademark and unfair competition claims brought in the Southern District of New York regarding Samsung’s MILK music streaming service;
  • Represented Microsoft in successful defense and settlement of copyright claims filed in the Southern District of New York by Getty Images, Inc. related to the operation of Bing search engine;
  • Represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse. That case was cited by IP Law360 as the top trademark ruling of 2016;
  • Served as Aereo’s lead trial counsel in the successful defense in the Southern District of New York (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)). The case was ultimately decided by the Supreme Court on an issue of first impression in 2015;
  • Represented Cablevision in the Southern District of New York in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008);
  • Served as lead trial counsel for Triumph Learning in the successful defense of trademark claims in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and successfully defended that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) in a decision that established a new standard for “fame” in trademark dilution cases;
  • Served as lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial (2012);
  • As a senior associate, served as a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

The Hollywood Reporter has previously included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center, Boston College Law School and the New England School of Law.

Practice:

  • Capital Markets
  • Mergers & Acquisitions
  • Special Purpose Acquisition Companies (SPACs)
  • Energy

Alice Hsu Partner

New York

Alice advises boards of directors, issuers, underwriters and investors in a broad range of transactions, including public offerings; special purpose acquisition companies (SPACs); private placements of equity and debt securities, public mergers and acquisitions, and general corporate matters.

Alice also provides strategic advice on a myriad of securities regulation, corporate governance and other general corporate matters. She regularly counsels companies regarding Securities and Exchange Commission reporting and disclosure issues, stockholder meetings, proxy statements and proxy mechanics. Her work extends to advising public companies with respect to defensive review matters, including implementation of shareholders rights plans and related issues.

431171

Practice:

  • Geldwäschebekämpfung und Bankgeheimnis
  • Financial & Fintech Advisory
  • Strategic Advisory & Government Enforcement (SAGE)
  • White Collar, Investigations, Securities Litigation & Compliance
  • Fintech

Benjamin Hutten Partner

New York

Ben has a deep understanding of sanctions and AML regulations and enforcement. In addition to his client work, he has participated in numerous financial industry group regulatory initiatives related to sanctions and AML issues, including The Clearing House Guiding Principles for Anti-Money Laundering Policies and Procedures in Correspondent Banking, initiatives to address “de-risking” and related to BSA information sharing. Ben also conducts international trainings in AML and sanctions issues for the Financial Services Volunteer Corps.

He has been recognized by Best Lawyers in America as "One to Watch" and by Super Lawyers as a "Rising Star." Prior to joining Orrick, Ben was counsel at Buckley LLP and an associate at Sullivan & Cromwell LLP.

740

Practice:

  • Finance Sector
  • Steuern
  • Unternehmensbesteuerung
  • Public Finance Tax
  • Tax Advocacy
  • Finance
  • Structured Finance
  • Real Estate
  • Non Profit Organisationen
  • Residential Mortgage‐Backed Securities
  • Internationales Steuerrecht
  • France
  • Derivatives
  • Charter School Finance
  • Asset‐Backed Securities
  • Banking & Finance
  • Fintech

Stephen Jackson Partner

Paris; New York

Steve is admitted in New York California, England and Wales, and Paris and his primary focus is on U.S. taxation of securitizations and re-securitizations, including collateralized debt and loan obligations, mortgage-backed securitizations, structured investment vehicles and other structured finance and financial markets transactions.

For over fifteen years, Steve has served as tax counsel to issuers and underwriters in numerous registered, agency and privately-placed CMBS and RMBS transactions (primary issuances and re-securitizations), involving performing loans and non-performing loans, as well as other mortgage-related asset classes, such as servicing advances and tax liens, and in securitizations involving other asset classes such as credit card and auto loan/lease receivables. Steve also provides tax advice in connection with whole loan purchase transactions, including leveraged and nonleveraged acquisitions, joint ventures involving mortgage assets and repo and warehouse financings for various asset classes. Steve also advises financial institutions on tax issues in connection with their role as servicer, trustee or securities administrator under various securitization programs, as well as with respect to FATCA.

Steve writes and lectures on finance and international related tax topics and also participates actively in the tax committee and other initiatives of the Structured Finance Association and other industry and bar-related organizations.

740

Practice:

  • Finance Sector
  • Komplexe Streitfälle & Streitbeilegung
  • White Collar, Investigations, Securities Litigation & Compliance
  • Interne Revision
  • Mass Torts & Product Liability
  • Class Action Defense
  • (Schieds ) Gerichtsverfahren
  • Fintech

Richard Jacobsen Partner

New York

Rich serves as lead counsel for Credit Suisse’s entire residential mortgage-backed securities (RMBS) docket in federal and state courts throughout the country. He is lead counsel for Goldman Sachs in two RMBS cases in the SDNY. For nearly a decade, he has been lead counsel for Ocwen Financial Services in all matters concerning its market-leading business servicing loans in residential mortgage-backed securitizations. He is currently lead counsel for Nationstar Mortgage LLC d/b/a Mr. Cooper in a breach of contract action pending in the Delaware Court of Chancery. Rich has also frequently represented companies with respect to disputes involving the distressed debt trading market, including Jefferies and Citibank, and frequently tries nine figure disputes in the most important bankruptcy jurisdictions in the United States for clients such as UBS and Blackstone.

He and his Orrick team bring to each representation a combination of deep financial markets knowledge, holistic litigation strategy and a problem-solving mentality. In an industry where many cases are settled, he has established a formidable record at trial and on appeal, while achieving regulatory settlements at a small fraction of the industry benchmarks.

Named Litigators of the Week by The American Lawyer for his representation of Credit Suisse that yielded a precedent-setting decision from the New York Court of Appeals that will change the future of RMBS litigation, clients laud Rich telling Chambers (2022), “He makes my job easier by deploying a combination of impeccable legal skill, excellent judgment and a knowledge of the financial services industry.” “I would recommend Rich to anyone.”  (2024) "He makes my job easier by deploying a combination of strengths - impeccable legal skills, excellent judgment, knowledge of the finance sector and a formidable reputation."  Echoing that praise, clients say (2021) “I would recommend Richard Jacobsen in the highest terms,” he is (2020) “an exceptional litigator” and “a master of navigating commercial disputes.” Chambers also reports that clients regard him as “a commercial disputes wizard.” Clients hold Rich in high regard, telling Legal 500 our commercial disputes team is (2021) “brilliant,” while the publication calls out his “business critical disputes” work for Credit Suisse and Goldman Sachs. Clients further endorse Rich when speaking to Legal 500, noting he (2020) “is always available and willing to do what is necessary in any situation. His knowledge of the industry and more importantly where we fit in the industry has paid tremendous dividends from a legal representation perspective. I have not dealt with an attorney from any other firm that had the combination of knowledge, ability, reputation and judgment that Rich has.” Another client called out Rich’s “razor sharp intellect” which sets him apart from other disputes and trial lawyers.

A first-chair trial lawyer recognized as one of Lawdragon’s 500 Leading Litigators in America, Rich has litigated commercial, securities and product liability disputes for clients in many other industries in venues across the country. His clients have included: Amazon, Caesars Entertainment, Inc., The Dow Chemical Company, Microsoft, DISH Network, Acer and Wyeth. He has argued numerous appeals at the state and federal levels and frequently represents clients before state and federal regulators. He has argued multiple times before seven of the eight current justices in the Commercial Division of New York’s Supreme Court, New York County, and has arbitrated before the American Arbitration Association and London Court of International Arbitration.

427713

Practice:

  • Energy & Infrastructure

Mae Ji Managing Associate

New York

She is a native Korean speaker and is proficient in Japanese.

352872

Practice:

  • Energy & Infrastructure Sector
  • Energy & Infrastructure
  • Energy
  • Infrastructure

Mariah T. Johnston Of Counsel

New York

She focuses her practice on the development of energy infrastructure, including liquefied natural gas terminals, natural gas pipelines and natural gas storage facilities, as well as related transactional and financing matters. She routinely advises companies on securing permits and authorizations for major energy projects and has significant experience with proceedings before the Federal Energy Regulatory Commission, the U.S. Department of Energy, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration, and the U.S. Maritime Administration.

Practice:

  • Mergers & Acquisitions
  • Technology Companies Group
  • Corporate Governance

Jamie Kamen Baroff Senior Associate

New York

Jamie's practice focuses on domestic and cross-border mergers and acquisitions, advising companies on formation and equity financings, and corporate governance matters.

Practice:

  • Technology Companies Group
  • Technology & Innovation

Andrew Kang Senior Associate

New York

Andrew advises technology companies throughout their lifecycles, including on company formations, day-to-day corporate matters, financing transactions and liquidity events.

Andrew received his JD from Columbia Law School. Prior to joining Orrick, Andrew worked at Cravath, Swaine & Moore LLP where he advised on M&A and securities transactions and general corporate matters.

Rene Kathawala Pro Bono Counsel

New York

Rene works with other pro bono counsel and legal services nonprofits to increase the quantity and quality of pro bono representation that is being provided to indigent clients in each of the cities worldwide where Orrick has a presence. In addition, he supervises and directly works on cases in such diverse areas as immigration law, family and matrimonial law, housing law, public benefits law, employment law counseling, impact litigation and nonprofit advice and counseling. Rene has worked on many substantial matters in the federal and state systems over his career that are reported as precedent. He also works with firm attorneys to strengthen the firm's innovative Impact Finance team that he founded and that provides representation in diverse transactional areas to nonprofit, for profit and hybrid organizations dedicated to providing basic services to poor persons around the world in areas including microfinance, water, education, energy, housing and health.

Based on his long-standing commitment to access to justice issues, Rene has been appointed to serve as co-chair of the New York City Bar Association Race Equity in the New York State Courts Working Group, co-chair of the Association of Pro Bono Counsel Transactional Law Working Group, as member of the New York City Bar Association Right to Counsel Task Force, as member of the New York City Bar Association Family Court Judicial Appointment & Assignment Process Work Group, as member of Sanctuary for Families' Narkis Golin Initiative, and as member of the Kids in Need of Defense's New York Advisory Committee. In recognition of his exemplary work in family law, United States District Judge Bloom appointed Rene as a special master in a federal court family law matter in 2014 in the Eastern District of New York in case number 07-cv-02565-ARR-LB, styled Garmhausen et al v. United States Department of Justice et al.  Rene also appeared in a documentary with wide release, called "The Accidental Spy," about his pro bono immigration client, Mr. Blerim Skoro, for whom Rene spent six-years in the New York City immigration court and gained deferral of removal under the Convention Against Torture for the client.

Practice:

  • Technology & Innovation Sector
  • Technology Transactions
  • Technology & Innovation
  • Technology Companies Group
  • Cyber, Privacy & Data Innovation
  • Strategic Advisory & Government Enforcement (SAGE)

Daniel Patrick Kearney Senior Associate

New York

Daniel focuses on technology transactions, including drafting and negotiating a variety of commercial and intellectual property focused agreements, and represents technology companies in a variety of areas, including stand-alone licensing, software as a service, and software development arrangements, and corporate matters, mergers & acquisitions, and financings.

Before joining Orrick, Daniel was an attorney in the IP & Tech Transactions group at Davis Polk & Wardwell, working on a variety of intellectual property, data privacy and security, and transactional matters.

Before becoming a lawyer, Daniel spent several years prosecuting patent applications as a registered patent agent.