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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.
Ethan is a member of the firm's Supreme Court and Appellate practice.
Prior to joining Orrick, Ethan served as a law clerk to Judge Denny Chin on the U.S. Court of Appeals for the Second Circuit, Judge John Gleeson on the U.S. District Court for the Eastern District of New York, and Justice Mariano-Florentino Cuéllar on the Supreme Court of California.
Ethan graduated from UCLA Law School where he served as Senior Editor for the UCLA Law Review and participated in the school's Supreme Court Clinic.
Before law school, Ethan worked as a middle school teacher in East Palo Alto, California.
Niki Fang is a partner in Orrick’s Capital Markets practice.
Niki concentrates her corporate practice on representing issuers and underwriters in public offerings and capital markets transactions. Niki also regularly counsels public and late-stage private companies on securities law compliance, disclosure matters, SEC reporting obligations, corporate governance and stock exchange listing obligations. In addition, Niki’s practice includes venture capital financings and advising start-up companies on general corporate matters. She represents a wide range of technology and life sciences companies, from privately held start-ups to publicly traded corporations.
Prior to joining Orrick, Niki was at Fenwick & West LLP and Davis Polk & Wardwell LLP.
Alessandra Fani is an associate at Orrick's Rome office and a member of the Complex Litigation and Dispute Resolution Group.
She graduated in 2006 at the University of Perugia (Italy) (www.unipg.it) and she has been qualified in Italy since 2009.
In 2013 she attended a post graduate internship program on the international arbitration and negotiation at the London School of Economic (LSE) (London - UK) (www.lse.ac.uk).
In 2015 she obtained a PhD at the University of Perugia in renewable energy regulatory law.
Before joining Orrick, Alessandra collaborated with Gianni Origoni Grippo and Cappelli law firm and she did her training period at the Avvocatura dello Stato.
Alessandra specializes in Administrative Law, handling both transactional and litigation matters, with particular focus on public contracts and environmental law.
She gives advice and assistance to national and foreign operators, public and private. She also deals with the preparation of the tender acts and assists in the stages of qualification, tendering and execution of public contracts.Her experience includes assistance on public contract law, environmental law, energy law, project financing, public utilities, public services, transportation and infrastructure, constructions and city planning.
Privacy and cybersecurity underpins the innovative strategies of businesses across all sectors and introduces both legal and operational concerns. As a Managing Associate in Orrick's internationally recognized Cyber, Privacy & Data Innovation team, Nick Farnsworth advises clients on a broad range of privacy and cybersecurity matters, including compliance, risk management, government investigations and incident response.
Nick's practice focuses on guiding clients through the patchwork of state, federal and international privacy and cybersecurity laws. His practice includes advising clients on proposed and effective state privacy and cybersecurity laws, such as the California Consumer Privacy Act (CCPA), Section 5 of the Federal Trade Commission Act (FTC Act), biometric privacy laws, such as the Illinois Biometric Information Privacy Act (BIPA), the Children's Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state breach notification laws. Nick also advises clients on the impact of international laws from a U.S. perspective, including the European Union General Data Protection Regulation (GDPR).
Nick assists clients from a broad range of industries and sectors in assessing their current privacy and cybersecurity practices. He regularly assists clients in developing global privacy and cybersecurity programs to practically implement the principles and obligations underlying various legal regimes, as well as assessing proposed marketing/advertising, product and business strategies from a privacy and cybersecurity perspective. Nick also advises clients on privacy and cybersecurity government investigations and the assessment of suspected incidents/breaches and any associated notification obligations, as well as the privacy and cybersecurity risks associated with proposed transactions and the development and deployment of advanced technologies, including adtech, artificial intelligence and machine learning, automated and connected vehicles, and biometric tools.
In addition, Nick has an active pro bono practice, which has included representing clients in immigration and innocence matters and assisting small businesses with their legal needs.
To make the California Consumer Privacy Act (CCPA) more accessible, Nick was a member of the team that developed Orrick's CCPA Readiness Assessment Tool. The tool provides companies an opportunity to test their preparedness for compliance with the CCPA as a first step to constructing their strategic compliance roadmap.
Prior to law school, Nick worked in the defense industry, which spurred his interest in innovative, cutting-edge technology and helps him better understand how to integrate legal solutions with business practicality in order to address the needs of his clients.
Diana Szego Fassbender has significant experience in a broad array of intellectual property matters, including patent, copyright, and trademark actions.
Ms. Fassbender regularly represents international clients, including particularly businesses and organizations in Asia and Europe, on a range of IP matters. She works closely with clients to develop innovative and cost-effective case strategy to favorably resolve litigation or achieve other legal objectives.
Dr. Karsten Faulhaber, a Düsseldorf-based partner in the International Arbitration Group, brings more than a decade of experience as counsel and arbitrator. However, his proficiency goes beyond just arbitration, as he has deep knowledge in dispute resolution in many forms, and his background in transactional law allows him to provide solutions to clients’ problems – often before they even reach a courtroom.
He has been praised in Chambers Global for his “proactive and skillful” approach to arbitration. Karsten represents clients in arbitrations under various German and international rules but also regularly acts as arbitrator. In addition, he frequently represents global enterprises in international disputes before the national courts.
When he originally started practicing law, Karsten was an M&A lawyer, and as a result has extensive experience in contracts and their negotiation. But the opportunity to work in dispute resolution and especially arbitration appealed much to him. Calculating the strategy in complex disputes and the importance of thinking ahead, anticipating the moves of the other parties, the temperament of the opponents and ultimately the fight to win was simply more in line with his temperament.
Wheeling, W.V. (GOIC)
Wheeling, W.V. (GOIC)
Matthew Fechik, a Career Associate at Orrick's Global Operations Center in Wheeling, West Virginia, is a member of the Restructuring Group.
The Restructuring Group advises banks, broker-dealers, hedge funds, and other entities on legal issues relating to the purchase and sale of syndicated loans, bankruptcy claims, and other alternative investments. Matthew's practice focuses on distressed debt trading.
During law school Matthew completed internships with Alcoa's Corporate Tax Department and Neighborhood Legal Services Association.
Debbie Felder, a senior associate in the Washington, D.C., office, is a member of the Restructuring group. Debbie has 18 years of extensive experience in the areas of bankruptcy, insolvency and creditors’ rights.
Debbie represents secured and unsecured creditors, investors, lenders, asset purchasers, financial institutions, preference defendants, debtors and other parties in a wide variety of bankruptcy and restructuring matters, as well as in related litigation throughout the United States. In 2020, Chambers USA named Debbie an Associate to Watch in the restructuring space, and clients praised her as "extremely knowledgeable" and providing "very business-minded, practical advice in the most efficient manner possible."
Recently, Debbie was the lead restructuring associate representing Toyota in the $30 billion bankruptcy of Takata Corporation. Takata and several of its subsidiaries filed for Chapter 11 bankruptcy in the United States and sought bankruptcy protection in Japan and several other jurisdictions in the aftermath of a worldwide problem involving faulty airbag inflators that led to numerous deaths and the recall of millions of vehicles. Toyota was one of the largest creditors in the proceedings, with claims of over $7 billion. Orrick’s work in the Takata bankruptcy and restructuring matter – which included the sale of all of Takata’s assets except for the inflator business to the Chinese-owned, Michigan-based Key Safety Systems – was awarded the “2019 Cross Border Turnaround of the Year / Large” by Global M&A Network.
Debbie was also the lead restructuring associate in the representation of the Conflicts Committee of Seadrill Partners (SDLP) in the $14 billion Chapter 11 bankruptcy and associated restructuring proceedings of Seadrill Limited, SDLP’s parent company. This bankruptcy and related restructuring was awarded “2019 Cross Border Turnaround of the Year / Mega” by Global M&A Network.
Other recent notable engagements include representing counsel to a borrower in the restructuring of a toll road, representing financial institutions and others in the global Lehman insolvency proceedings, representing a lender in the restructuring of a performing arts center, representing a purchaser in a section 363 bankruptcy sale and representing a defendant in a preference and fraudulent transfer litigation.
Debbie is active in pro bono matters including advising distressed clients in corporate dissolution proceedings pursuant to state statutes. She recently drafted a white paper on “Pay for Success” (PFS) programs – a social services funding mechanism in which non-governmental investors fund social programs and receive returns on their investments from the government only if the programs are successful – which explores the feasibility of using PFS programs to provide civil legal aid to vulnerable populations. She also represents proposed guardians and adoptive parents in connection with guardianship and adoption proceedings involving abused or neglected children in the Superior Court for the District of Columbia.
Debbie regularly presents CLE training programs to clients on bankruptcy-related topics, including best practices for creditors.
Prior to joining Orrick, Debbie was an associate at Swidler Berlin LLP. As an undergraduate, she spent four summers as an intern in the Clerk’s Office of the United States Supreme Court. During her time at the United States Supreme Court, Debbie researched and wrote a paper on the U.S. Attorneys General, which she presented to the U.S. Solicitor General.
Jake advises on a broad range of contentious matters, often with a multi-jurisdictional focus, including English High Court litigation, contentious insolvency, internal investigations and commercial and investor-state arbitration.
Michael Ferrel has been a technologist for the legal industry for nearly 20 years. He got his start in the industry at Venture Law Group where he was a lead systems engineer and software developer.
After VLG, Michael ran a legal technology and software consulting practice, which serviced dozens of AMLAW 100 firms around the world. In his consulting practice, he migrated, deployed and integrated document management, records, accounting and client intake systems from virtually every major industry vendor. He developed and deployed custom line of business applications where no quality product existed to meet the demanding needs of global law firms and other companies. Although Michael has deep experience in systems architecture and management, he is a software geek at heart. He is a core Microsoft developer who focuses on .NET, SQL and cloud.
Michael previously served as the Vice President of Technology for VLP Law Group LLP (formerly Virtual Law Partners). Michael was recruited by Craig Johnson and Jackson Ratcliffe to help found the first completely virtual law firm in the United States. Michael was part of the VLP team for 10 years before joining Orrick Labs, where he once again is focused on changing the legal industry in a positive way.
When Michael is not sitting in front of a monitor, he is teaching Jujitsu, making wine or is off the grid in the wilderness enjoying the great outdoors.
Robert Feyer is a senior counsel in the San Francisco office of the firm's Public Finance Department. After 40 years representing issuers and underwriters, Mr. Feyer retired from active practice working on bond transactions at the end of 2017, but continues to provide assistance and mentoring within the Department.From 1986 to his retirement, Bob was the lead bond and disclosure counsel for the State of California, working with a team of lawyers to complete the issuance of an estimated 470 billion dollars of new and refunding general obligation bonds, cash flow notes and warrants and lease revenue obligations, including several of the largest long-term municipal bond issues in U.S. history. He was recognized by The American Lawyer magazine in April 2003 as one of 10 "Dealmakers of the Year" for his work on a $12.5 billion cash flow note borrowing in October 2002. This work also garnered recognition as a "Lawyer of the Year in Transactional Law" in 2003 from California Lawyer magazine. Bob has spoken often at conferences and webinars on municipal finance and disclosure matters, and is a member of the Securities Law Committee of the National Association of Bond Lawyers.