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Edward G. Eisert, a senior counsel in the New York office, is a member of the Corporate Group. He focuses his practice on investment management, financial products and regulatory compliance.
He represents U.S. and non-U.S. domiciled financial institutions in a wide array of matters spanning his practice specialties. Ed’s experience includes the structuring and re-structuring of private investment funds and other financial products; the formation and operations of investment advisers and broker-dealers; cross-border broker-dealer, investment adviser and bank regulatory issues; and advice regarding applications of blockchain technology and the regulation of digital assets.
Before joining Orrick, Ed was the General Corporate Counsel of Fiduciary Trust Company International, a subsidiary of Franklin Templeton Investments, and also served as the initial AML Compliance Officer of Fiduciary Trust.
Copyright attorney Paul Fakler works at the intersection of music, technology, and business. He draws upon over two decades of experience litigating some of the seminal cases applying copyright and related law to new media and technologies to help streaming, broadcasting, media and software companies advance their business objectives. One of the few attorneys in the country with significant first-chair experience before the Copyright Royalty Board and other royalty rate setting venues, his experience spans many other issues, including music licensing, royalty audits and payment disputes, copyright infringement, fair use and other defenses, the DMCA and its safe harbor for internet service providers, copyright issues relating to artificial intelligence, copyright policy matters, and government affairs. Paul has been ranked by Chambers USA and other independent ratings organizations as a leading copyright practitioner continuously since 2013, and frequently speaks and publishes on legal developments in the fields of copyright, music, and technology.
Although he assists clients with issues relating to many different types of content, Paul has especially deep experience in the music industry as it has adapted to fundamental changes brought by digital media. As music evolves into a cutting-edge digital industry, those businesses require an equally innovative legal approach. Paul offers creative ways to adapt copyright laws to the latest technology, through litigation, counseling and government relations. He has devoted his practice to this unique field, as well as to handling software copyright litigation, a natural fit given his experience as a copyright lawyer, former software developer and amateur musician.
Litigation & Licensing
He has litigated numerous high-profile copyright cases involving digital media, copyright and the Internet. He routinely represents digital music services, as well as other media and software companies, in negotiations and disputes with record labels, music publishers, and other rights holders. His clients in these ground-breaking cases have included MP3.com, Yahoo!, Veoh, MediaNet, Sirius XM Radio, Bill Graham Archives, and Music Choice.
Paul is one of the few attorneys with significant first-chair experience handling copyright royalty rate-setting proceedings, including proceedings before the Copyright Royalty Board and the ASCAP and BMI rate courts. He obtained the only two royalty rate reductions ever granted by the Copyright Royalty Board (or its predecessors).
Paul also routinely represents clients in bet-the-company copyright infringement litigation across many industries, often making new law on issues such as the DMCA safe harbor and fair use.
Paul counsels clients with respect to copyright, trademark, right of publicity, entertainment, computer, and Internet law issues in diverse industries including the music, motion picture, publishing, software development, and digital media industries.
He also advises on strategies for shaping copyright policy and represents clients’ interest before government entities that impact the copyright ecosystem, such as Congress, the Copyright Office, and the Department of Justice.
Bradley Fischer uses his extensive experience as a former state regulator and legislative counsel to address state-level issues endemic to the gaming industry and other highly regulated industries.
Before joining Orrick, Brad worked as U.S. regulatory counsel for a major on-line gaming company, during which he facilitated expansion of the U.S. operations, negotiated multiple market-access agreements and oversaw licensing and compliance functions across multiple jurisdictions.
Prior to his private sector experience, Brad was a regulator with the New York State Gaming Commission, Deputy County Executive for Albany (N.Y.) County and Legislative Counsel to the Hon. Eric Adams and other elected officials in the New York State Senate. During his time at the New York State Gaming Commission, Brad was director of interactive fantasy sports and legal counsel on commercial gaming issues, after having served a key role in the selection and vetting of applicants for multiple “Las Vegas” style resort casinos licenses. While in the New York State Senate, Brad served as Counsel to the Senate Committee on Racing, Gaming and Wagering and developed a depth of experience with legislative issues facing the gaming, equine industries and state-run lotteries.
Brad is a graduate of Indiana University-Bloomington School of Law and Union College, where he received a B.A. in Political Science.
William Foley is a Senior Associate in the New York Office and a member of the Securities Litigation, Investigations and Enforcement practice group.His practice focuses on the representation of financial institutions, investment advisors and other public and privately-held companies in corporate and securities litigation, and other complex business litigation matters. In particular, he has wide-ranging experience representing clients in stock-drop class actions, shareholder derivative actions, M&A and hostile takeover disputes, and complex contractual and business tort cases before federal and state courts and the Delaware Court of Chancery.
Mr. Foley also devotes a significant portion of his practice to providing pro bono services, primarily in civil rights and immigration matters.
He has written and contributed to articles appearing in the New York Law Journal, Harvard Law School Forum on Corporate Governance, Financial Law Fraud Report, Bloomberg BNA, and Westlaw Journal. He was previously an associate with Cadwalader, Wickersham & Taft LLP.
John D. Giansello III is resident in the New York office and a member of the employment law group.
Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
He has considerable experience in and knowledge of litigation and counseling related to the hiring, firing, retention, management and promotion of employees.
Pat is an associate in Orrick's New York office, where he is a member of the Public Policy Group.
Pat provides legal and political guidance to organizations engaged in complex, multistate legislative and regulatory campaigns. From the initial strategy discussions through regulatory enforcement, Pat prepares legal and constitutional analyses; creates advocacy materials; drafts and provides testimony to legislative bodies; develops and tracks campaign budgets; and coordinates with company representatives and lobbyists.
Pat has also advised clients through attorney general investigations, including drafting subpoena responses and coordinating document productions.
Prior to joining Orrick, Pat worked as a government affairs consultant at one of the top lobbying firms in Los Angeles. He also has experience both working on election campaigns and as a staff member in a congressional field office.
Current clients range from established brands, such as professional sports leagues, to innovative technology start-ups looking to disrupt highly regulated industries.
Nicholas helps innovators solve their most important legal risks in all 50 states before state legislatures, attorneys general, and regulatory agencies.
Innovation and technology change rapidly, creating friction for businesses trying to operate in the face of outdated regulations. Nick and the Orrick team help innovators understand their risks and create opportunities for solving them in state legislatures and before regulatory agencies.
Nick's clients operate in many fields. Current and past clients include professional sports leagues, the daily fantasy sports industry, tech companies operating in highly-regulated fields like insurance and alcoholic beverage sales, internet video providers, and new companies at the leading edge of the sharing economy.
Prior to joining Orrick, Nick served as a law clerk to Judge James L. Dennis of the U.S. Court of Appeals for the Fifth Circuit, and to Chief Judge David C. Norton of the U.S. District Court for the District of South Carolina. He also served for two years as an attorney on the staff of the United States Sentencing Commission in Washington, D.C.
K. Patrick Herman, located in the New York office, is a member of the Intellectual Property Group.
Patrick's practice focuses on complex patent and other intellectual property litigation. He has had extensive experience representing both plaintiffs and defendants, and has been involved in all phases of litigation, from developing initial strategy through appeal. Patrick has appeared in intellectual property cases before a variety of different federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the International Trade Commission. Applying his engineering background, he has represented clients in a range of industries, including the medical device, pharmaceutical, petrochemical, automotive, consumer electronics, and children’s toy industries.
Patrick's practice also extends to pre-litigation counseling, including rendering opinions relating to patentability, infringement, validity, and freedom-to-operate issues.
Ned Hirschfeld is a Senior Associate in the firm's Supreme Court and Appellate Practice. He provides strategic advice to clients facing cutting-edge legal issues in federal and state courts, with a focus on high-stakes appeals.
Ned specializes in appellate litigation. He has authored successful merits briefs and petitions for certiorari in the U.S. Supreme Court, as well as dozens of briefs in federal and state appellate courts. Ned's work has covered a wide range of subject areas, including patent, constitutional law, and complex commercial litigation. He has also counseled Fintech clients on novel issues confronting the industry.
Ned maintains an active pro bono practice focused on immigration and criminal justice matters, including a successful appeal in the Second Circuit that vacated an arbitrary change to the meaning of "moral turpitude" under the Immigration and Nationality Act.
Prior to joining Orrick, Ned served as a law clerk to Judge Robert Sack of the U.S. Court of Appeals for the Second Circuit and Judge Kimba Wood of the U.S. District Court for the Southern District of New York. During law school, he served as an Articles Editor for the Yale Law Journal.
Richard Jacobsen, leader of Orrick's financial services litigation practice, litigates a wide variety of matters in federal and state trial and appellate courts, and in arbitrations before the American Arbitration Association and London Court of International Arbitration. He represents clients in diverse industries, including many that are highly regulated, such as the finance, pharmaceutical, biotechnology, chemical, computer and consumer goods industries.
Richard has argued numerous appeals at the State and Federal levels and also has experience representing clients before federal and state 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. Much of his practice involves the intersection of litigation and public policy advocacy and his past and present clients include Credit Suisse, Citigroup Financial Products Inc., Wyeth, The Dow Chemical Company, Microsoft, DISH Network, and Acer Inc.
Richard's cases have received widespread media attention in Chambers and Partners, The Wall Street Journal, The New York Times, and Reuters, among others. Richard is regarded as "an exceptional litigator" and "a master of navigating commercial disputes." Interviewees hold him in high regard as "a commercial disputes wizard" by Chambers . The Legal 500 also recognizes him for his work in "General Commercial Disputes," citing his "strong financial institution and corporate client base."
Jennifer is a member of the firm's Litigation Group and Supreme Court and Appellate practice. She represents clients in appellate and trial-level litigation in federal and state courts across the country. She focuses on dispositive motions and high stakes appeals.
Her experience covers a wide range of substantive areas, including constitutional law and statutory interpretation, labor and employment, immigration, healthcare law, privacy law, and complex commercial litigation.
Prior to joining Orrick, Jennifer was a Staff Attorney at a national nonprofit. While there she participated in all aspects of litigation, arguing and briefing dispositive motions and examining witnesses at trial.
Jennifer graduated from Yale Law School, where she was an Editor on the Yale Law Journal. Immediately following law school, she served as a law clerk to Judge Kim McLane Wardlaw of the United States Court of Appeals for the Ninth Circuit.
Jeremy is the founder and chair of Orrick’s Public Policy Group. He has built a highly innovative practice that helps disruptive companies protect/secure their competitive advantage at all levels of state government in all 50 states.
Over the past 18 months alone, Jeremy and his team engaged in 125 battles in 45 state legislatures on behalf of a “who’s who” of technology disruptors, Fortune 500 companies, and professional sports leagues.
Recent examples of Jeremy's experience includes: