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Mark Franke Of Counsel

New York; Boston

Recognized as a rising star by Super Lawyers and the Legal 500, the market has increasingly turned to Mark for advice on matters across a variety of industries, including aviation, shipping, oil & gas, chemicals, renewable energy, digital assets, agriculture & farming, construction & engineering, telecommunications, sports, commercial real estate, entertainment and leisure, and digital and traditional media.

Mark is highly practical, placing emphasis on commercial solutions to disputes while also at home in contentious litigation and contested motion practice. He thrives in contexts that require engineering creative approaches to problems involving multiple players with competing interests. In all things, he prioritizes relational and intellectual integrity with his colleagues and adversaries.

740

Practice:

  • Technology & Innovation Sector
  • Propriété intellectuelle
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • Artificial Intelligence (AI)
  • Patents
  • Contentieux complexes & Résolution des litiges

Diana M. Rutowski Partner

Silicon Valley

As a seasoned IP litigator and counselor, Diana’s practice has run the gamut from high stakes trials, to take-down and anti-counterfeiting campaigns, to employee departure and trade secret investigations. She represents clients in District and state courts and before administrative bodies including the ITC and the USPTO. For example, Diana tried and won a complex case in which the other side sought to extend the monopoly of an expired utility patent by claiming trade dress rights in a technical product feature. Drawing upon experience handling both complex patent and trademark matters, her team successfully argued that the intersection of patent and trademark policy prevented the other side from continuing its monopoly, clearing the way for her client to enter the market. With Diana at their side, companies can rest assured that their essential assets are protected, from their core technologies, to assets including their company name, logo, and website.

While at Orrick, Diana was seconded to the City and County of San Francisco, where she had the privilege to serve as an Assistant District Attorney, and first-chair several trials. She was also seconded to Salesforce, where she learned first-hand that the law comprises just one component of a company’s overall business strategy.

Diana is also passionate about her pro bono work. For example, she represented two detainees in Guantanamo in connection with their petitions for a writ of habeas corpus, and she is currently working with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Before joining the firm, Diana worked for the Legal Aid of Cambodia where she assisted with the prosecution of former Khmer Rouge officials and represented individuals who sought to reclaim land rights.

Diana is a member of the International Trademark Association, of ChIPs: Advancing Women in IP and of the Harvard Club of San Francisco.

Practice:

  • Finance Sector
  • Real Estate

Robin L Freedman Senior Associate

New York

Her practice encompasses all aspects of commercial real estate transactions, including acquisitions and dispositions, equity investments and financings, joint ventures and leasing. She is skilled at drafting documents that bring complicated deal points to life.

Robin strongly believes in community engagement and is active in a local non-profit that provides shelter and services to the homeless in New York City.

Practice:

  • Contentieux complexes & Résolution des litiges
  • Mass Torts & Product Liability
  • Class Action Defense
  • Procès
  • Employment Law & Litigation
  • Trade Secrets Litigation
  • Technology & Innovation
  • Trademark, Copyright & Media

David Fuad Partner

Los Angeles; Santa Monica

In trial, litigation, arbitration or mediation, David delivers efficient and favorable results aligned with clients’ business objectives. From health and safety mass tort litigation for the NCAA, to complex, multimillion-dollar international breach of contract claims and countersuits for a global television manufacturer, to high-stakes, precedent-setting employment victories for Oracle, David handles a range of commercial disputes. David was named a “Litigator of the Week” by American Lawyer for achieving a complete defense verdict in a precedent-setting jury trial, and has been named a “Litigator of the Week” Runner-Up twice for securing defense verdicts, including in a $100 million negligence action. In addition to these recognitions from American Lawyer, David was also named to The Recorder's list of Lawyers on the Fast Track in California.

Not all disputes end up in court. David leverages his extensive courtroom and alternative dispute resolution knowledge to provide invaluable risk mitigation counseling to both established and emerging companies. David serves as a business partner and trusted advisor to ambitious start-ups and high-growth companies—helping these innovative clients see around corners to avoid or reduce potential exposures.

In addition to his legal practice, David is committed to challenging inequities through his pro bono work. For Equal Justice Under Law, he helped secure a favorable judgment in a federal civil rights class action, barring indigent criminal defendants unable to pay court-imposed fines and fees from being jailed in a system that was described as a “modern-day debtors’ prison.”

While attending law school, David served as an extern for two Los Angeles Superior Court judges and was a member of the Loyola Entertainment Law Review.

460393

Practice:

  • Real Estate
  • Data Centers
  • Finance

Peter C. Bergan, Jr. Partner

Chicago

With over a decade of experience, Peter has guided clients through joint ventures, investments, financings and acquisitions/dispositions across commercial, digital infrastructure, industrial, mining, retail, hospitality, and multifamily and single-family assets nationwide.

He brings a unique focus to data center and digital infrastructure assets with a broad perspective, advising on construction, M&A, leasing, customer and other contracts. From hyperscale facilities and colocation centers to enterprise and cloud-based solutions, he draws on his experience with industry stakeholders to deliver clear, confident guidance to clients navigating this increasingly dense space.

Beyond the office, Peter is committed to community service, serving as a board member for Rugby Ohio, an organization dedicated to supporting the growth and development of children and teenagers through the game of rugby. He is also an active member of the Urban Land Institute and the International Council of Shopping Centers.

417909

Practice:

  • Finance
  • Structured Finance
  • Asset‐Backed Securities
  • Residential Mortgage‐Backed Securities

Ekaterina Popoff Senior Associate

New York

Ekaterina (Katya) Popoff is experienced in closing complex deals, acting for issuers and underwriters both in the U.S. and abroad in structured securities offerings across a broad range of asset classes including residential mortgages, credit cards, oil and gas assets and commercial loans, and structures, including public and private offerings, repos, CLOs and cost recovery bonds. Drawing on her background as an entrepreneur, she approaches her work with a pragmatic and solution-focused mindset, ensuring that clients receive efficient and practical solutions.

Katya is a passionate and dedicated mentor to junior associates, ensuring that her colleagues receive support and guidance to help them advance their skills and gain confidence. Her other areas of interest include designing, creating and refining deal management systems on complex deals, including learning new strategies, implementing workflows for the associate team to follow and refining approaches from prior deals.

Before joining Orrick, Katya practiced in structured finance at a leading national firm in Canada. Prior to that she founded a specialty tea producer and wholesaler that sold packaged tea blends into the U.S., Canadian and international markets. Under her leadership, the business won numerous awards for taste, packaging design and marketing. She is an avid reader and has recently rekindled her interest in cycling as a means to explore the outdoors and discover new places.

432045

Practice:

  • Financial & Fintech Advisory
  • Strategic Advisory & Government Enforcement (SAGE)
  • Fintech

Hayden Irwin Associate

Santa Monica

Prior to joining Orrick, Hayden was an associate at Buckley LLP.

Practice:

  • Supreme Court & Appellate

Anne Savin Senior Career Associate

Miami; Washington, D.C.

Anne brings her unique background to bear on federal appellate matters that cut across a range of substantive areas of the law. She has authored petitions for certiorari, briefs in opposition, and amicus briefs at the U.S. Supreme Court in cases involving civil rights, constitutional, veterans, and immigration law. She also advises clients on cutting-edge developments in the financial technology and artificial intelligence sectors, where disruptive technologies continue to raise fundamental legal questions.

For nearly a decade before joining Orrick, Anne served as an officer in the U.S. Army Judge Advocate General's Corp.  Her military experiences include prosecuting dozens of criminal cases--including rape and murder--at Fort Bragg, North Carolina and Fort Benning, Georgia, advising the U.S. Army Judge Advocate General and other senior Army leaders at the Pentagon on military justice issues, and advising the commander of the Army's only active-duty information warfare brigade in intelligence and operational law in the information and cyberspace domains.  Among other distinctions, Anne was awarded the Bronze Star for her service in Afghanistan with the 82d Airborne Division and is a graduate of the U.S. Army Airborne School.

Before joining the Army, Anne practiced in San Francisco with two AmLaw 100 firms.  Her representative cases include successfully defending an oil-and-gas company against claims brought under the Alien Tort Statute and customary international law, securing a complete defense verdict at trial on alter ego and agency liability allegations against an insurance company, and successfully defending on appeal summary judgments based on professional responsibility violations and statute of limitations grounds.

425262

Practice:

  • Strategic Advisory & Government Enforcement (SAGE)
  • Cyber, Privacy & Data Innovation
  • Technology & Innovation

Dr. Odey Hardan Associate

Dusseldorf

Prior to joining Orrick, Odey served as a research assistant to a distinguished chair focusing on European law, where he authored several academic papers. Throughout his doctoral studies, he delved deeply into the intricate realms of European, international, and data protection law.

Additionally, Odey contributed to significant legal opinions and gained practical experience by supporting the representation of the German Federal Government in pivotal cases before the Federal Constitutional Court, including the proceedings on the European Patent Convention, CETA and the EU-Singapore Free Trade Agreement.

Before starting his legal practice, he also worked as a research assistant for an international UK-headquartered law firm.

740

Practice:

  • Antitrust and Competition
  • Contentieux complexes & Résolution des litiges
  • Trademark, Copyright & Media
  • Strategic Advisory & Government Enforcement (SAGE)

Jessica S. Pers Counsel

San Francisco

Jessica has handled both jury and non-jury trials and injunction proceedings in federal and state courts and has extensive experience in extraordinary writ practice and appeals before California and federal courts.

Additionally, she has advised clients in the computer industry and various manufacturing and service fields on trademark, copyright and antitrust issues, including issues relating to domain name use on the Internet. She has handled cases for major franchisers in the automotive service and home health care industries as well as state and federal antitrust actions against Microsoft and many television and movie studios. Recently, Jessica has had primary responsibility for large consumer class actions settlements arising from antitrust litigation against Microsoft.

Before joining Orrick, Jessica was a shareholder at Heller Ehrman LLP. She was Managing Partner of that firm from 1992 to 1995 and Chair of the Promotion Evaluation Committee from 2001 to 2007.

470463

Practice:

  • Mergers & Acquisitions
  • Private Equity
  • Technology Companies Group

Ken Wiggins Partner

Miami

Ken is recognized as a Next Generation Partner by Legal 500 and named “Lawyer of the Year” in Miami for Leveraged Buyouts and Private Equity Law by Best Lawyers.