People

Mark Franke オブ・カウンセル

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.

Sheryl Koval Garko パートナー

Boston

Over the course of her career, she has represented clients ranging from Fortune 50 companies to start-ups in trademark, copyright, false advertising, and trade secret litigations and at trial. She has worked with leading technology companies and some of the most recognizable brands in the world, including New Balance, Williams-Sonoma, Carnival, and Microsoft. She has tried cases to both judges and juries in federal courts across the United States and is experienced practicing before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board and the International Trade Commission. Through her trial work, she has developed deep expertise in litigating novel and complex damages issues in IP cases and leveraging survey work. 

Sheryl most recently earned a complete victory at trial on behalf of client Carnival in a patent and breach of contract matter related to theft of Carnival intellectual property. Following an 8-day trial in the Southern District of Florida, the jury deliberated for three hours and returned a verdict in favor of Carnival on all counts, awarding $21 million in damages.

She honed her skills in high profile, precedent setting cases. Sheryl represented Aereo against the major U.S. television networks in defense of its novel, industry-disrupting system for providing internet access to over-the-air broadcast television. That case ultimately went to the Supreme Court, which addressed copyright law issues of first impression. Sheryl currently represents Microsoft litigating novel issues related to the intersection of generative AI, copyright, and trademark law.

Having prepared countless cases for trial, Sheryl has a clear understanding of the importance of identifying litigation strategy early on to direct the case in a cost- effective and efficient manner. Sheryl also leverages her wealth of experience to counsel clients on strategies to protect intellectual property when avoiding litigation is a strategic business priority.

Having also litigated a number of patent cases throughout her career, she brings to each matter a unique understanding of the intersection of copyright, trademark, trade secret and patent law. A superb communicator, she is able to explain diverse areas of complex technology to a judge or jury.

Sheryl has been consistently named as one of the leading intellectual property litigators in the world by World Trademark Review 1000, a peer and client survey. In its 2017 publication, WTR 1000 described her as “'highly recommended’ for her ‘helpful and creative advice,’ which is ‘always of first-rate quality.’” In the 2018 edition, WTR 1000 stated that Sheryl “offers significant firepower to any contentious mandate.” In the 2021 edition, WTR 1000 said Sheryl ”puts her heart and soul into driving favorable outcomes.” In 2022 Sheryl and her team were lauded for being “tried and tested” in litigation and “emerging victorious in many forums. And in 2023, they were praised for “steering [clients] through complex litigation,” with work that was quick, efficient and “with the highest level of integrity.”

Sheryl is the Global Chair of Orrick's Women's Initiative and is the Co-Chair of Orrick’s Intellectual Property Business Unit.

She was named a 2017 Woman Worth Watching by Profiles in Diversity Journal. Sheryl was also singled out for Metropolitan Corporate Counsel’s Women in Business and the Law 2017 edition. In 2015, Massachusetts Lawyers Weekly named her one of the Top Women of Law and she received a 2015 Leadership Excellence Award from the National Diversity Council.

Peter Graham アソシエイト

Boston

Peter counsels clients on the implementation of global privacy programs and advises on the U.S. state privacy laws in California, Colorado, Connecticut, Utah, Virginia and other states, and the General Data Protection Regulation (GDPR).

Peter is designated by the International Association of Privacy Professionals (IAPP) as a Certified Information Privacy Professional - United States (CIPP/US).

Gregg Griner パートナー

Boston; Chicago

Gregg represents companies in all stages of their life cycles, from start-ups to public companies, and in a variety of industries including, software, hardware, information services, financial services, financial technology, consumer goods, fashion, media, energy, medical devices and pharmaceuticals. He advises these companies in many aspects of their businesses including financings, corporate governance, employment matters, acquisitions, divestitures, licensing and distribution arrangements, and joint ventures and strategic partnerships.

Gregg also represents venture capital firms in their formation, fundraising efforts and maintenance, as well as in their investments in early and later stage operating companies and in complex leveraged transactions and restructurings. Gregg has worked with a number of leading technology and life science companies in connection with their initial and follow-on public offerings, M&A activities and leading investment banks in their underwriting of public equity and debt offerings.

Gregg has received praise from numerous peer publications, including Best Lawyers (Technology Law, Massachusetts) and Massachusetts Lawyers Weekly (Go-To Lawyer for Healthcare/Life Sciences).

R. David Hosp パートナー

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.

James Houghton シニア・アソシエイト

Boston

Jim represents clients in federal and state courts (individual and class actions), and in enforcement actions brought by government agencies. Jim’s practice spans a broad range of subject matters, including consumer finance, cybersecurity, state consumer protection statutes, commercial disputes, and white-collar representations.

Prior to joining Orrick, Jim was an associate at Buckley LLP and an associate at an international law firm. Jim also served as a law clerk for the Honorable Timothy E. Meredith on the Appellate Court of Maryland.

Melania Jankowski マネージング・アソシエイト

Boston

Her experience includes advising on corporate practice of medicine and scope of practice issues, state licensure requirements for physicians and non-physician practitioners, controlled substance prescribing considerations, and health care privacy concerns. Melania also assists with regulatory due diligence for stakeholders interested in investments in digital health and health care technology ventures.

Amy M. Joseph パートナー

Boston

Amy works with digital health companies, health systems and other public and private companies—from new entrants to seasoned organizations—to address regulatory compliance and transactional needs. She also advises investors and collaborates with clients to understand their business goals and tailor practical solutions to help them achieve those objectives. Amy is well-versed in the corporate governance, data privacy, and security and scope-of-practice considerations facing the healthcare industry as it incorporates artificial intelligence (AI) and machine-learning (ML) solutions into clinical workflows. Her practice includes structuring and scaling national telehealth practices across a range of clinical disciplines, including complex collaborative arrangements involving labs, medical device manufacturers, remote patient monitoring solutions and pharmacies.

Amy spends much of her time working with clients on vetting and developing strategic affiliations, joint venture transactions and other novel business arrangements, including developing value-based enterprises and otherwise identifying means to achieve further alignment among stakeholders. She advises on reimbursement issues with respect to federal healthcare programs, private payors and self-pay business models. She also helps develop compliance programs and advises on related protocols and best practices.

In particular, Amy advises on physician self-referral, anti-kickback and other fraud and abuse law matters as well as on patient privacy matters, including HIPAA, 42 CFR Part 2 and corresponding state-level compliance. Amy also assists with internal investigations and assessing and responding to the results, including developing corrective action recommendations and self-disclosures.

A sought-after speaker and prolific writer on some of the most complex and critical issues in healthcare law, Amy shares her insights in publications and presentations across the country. She co-authored chapters in numerous publications, including the telemedicine chapter of the American Bar Association’s Physician Law: Evolving Trends & Hot Topics and a chapter addressing telehealth in the MCLE Massachusetts Health and Hospital Law Manual.

Chambers USA notes that Amy has “deep expertise in matters that impact healthcare providers and healthcare transactions,” “is a terrific resource on a range of regulatory issues” and “an expert in the Stark Law.”

Amy graduated first in her class at UCLA Law and was elected to the Order of the Coif. Prior to law school, Amy served in the U.S. Air Force.

Katherine Kerrick マネージング・アソシエイト

Boston

Katie's litigation experience includes reviewing documents, assisting with trial and witness preparation, drafting motions, oppositions, and replies, and preparing expert reports. Katie has also worked with appellate teams, assisting with briefs and preparing for oral argument before the Supreme Court. Her trademark prosecution and transactional experience includes trademark clearance, applications, oppositions, drafting cease and desist letters in both copyright and trademark matters, and representing parties on both sides of Uniform Domain-Name Dispute-Resolution Policy disputes.

Katie is a graduate of the Franklin Pierce University of New Hampshire School of Law. While in law school, she externed for the Honorable Joseph Laplante of the United States District Court for the District of New Hampshire. She also participated in the IP & Transactional Clinic and published a paper on trademark registrability for political slogans. She focused her studies on the Intellectual Property and Sports and Entertainment fields, obtaining specialization certificates in Intellectual Property Law, Sports Law, and Entertainment Law. Katie also received the Sports and Entertainment Institute's Entertainment Award in 2020.

Matthew D. LaBrie パートナー

Boston; サンフランシスコ

In his commercial litigation practice, Matthew represents clients in federal and state court at the trial and appellate levels.  While Matthew routinely assists clients at all stages of the litigation process, through motions practice, discovery, witness preparation, and trial, he has a particular focus on class action defense.  Matthew's litigation experience is broad, including data security litigation, commercial and contractual disputes in all industries, shareholder derivative litigation, and class action defense, as well as commercial arbitration.  His current engagements include representation of clients facing consumer class actions arising out of a data breach of the MOVEit file transfer software; a social media company facing consumer class actions arising out of a data breach; the University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students; and a series of litigations over the ownership and control of a social media company.  

In his cybersecurity practice, Matthew counsels clients across the globe through all stages of a privacy or data security incident, navigating the relevant legal regimes, managing the response to and investigation of an incident, and handling any litigation or regulatory investigation resulting from the incident.  Matthew spent a year based in Orrick's London office developing and coordinating Orrick's worldwide data breach incident response and litigation capabilities.

Matthew maintains an active pro bono practice. He has assisted individual clients with family law matters, advocated on behalf of veterans' and immigrants' rights, and represented human trafficking survivors in a series of federal cases.

Ryan Lind マネージング・アソシエイト

Boston

Ryan’s practice includes a range of intellectual property and related subjects, including copyright and trademark infringement, false advertising, and the Communications Decency Act.

Ryan graduated from Harvard Law School, where he co-led a student support team for defendants in the Cambridge homeless diversion court program. Ryan also participated in the Berkman Klein Center’s Cyberlaw Clinic where he contributed to an amicus brief in a copyright appeal before the Second Circuit and advised clients on matters of data privacy. In law school, Ryan served as a legal intern with the DOJ’s Environmental Enforcement Division and the U.S. Attorney for the District of Arizona.

Laura Brooks Najemy パートナー

Boston

Laura’s litigation experience spans the gamut from initial pleadings through trial and everything in between. She represents numerous clients in the technology, automotive, retail, consumer products, and real estate industries. Her clients appreciate her diligence, effective communication, and excellent strategic judgment. At Orrick, Laura leads the Women’s Initiative for the Boston office and co-chairs the firm’s Middle East & North African inclusion network. She also co-chairs the Boston Bar Association’s Intellectual Property section.

Laura served as a Special District Attorney for Middlesex County in 2014. In that capacity, she prosecuted felony and misdemeanor criminal cases, trying jury and bench trials to final verdict and arguing dispositive and evidentiary motions. In 2010–2011, Laura completed a yearlong fellowship at the Political Asylum/Immigration Representation (PAIR) Project in Boston, where she assisted individuals who were affirmatively seeking asylum as well as defended individuals who were in removal proceedings in front of the Immigration Court. Through her pro bono practice, Laura continues to be committed to working to help individuals with various immigration matters.