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Practice:

  • 知识产权
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

R. David Hosp 合伙人

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:

  • 知识产权
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

R. David Hosp 合伙人

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:

  • Trademark, Copyright & Media
  • 知识产权
  • U.S. International Trade Commission
  • 审判

Mark S. Puzella 合伙人

Boston

As a trial lawyer, Mark excels at handling accelerated, complex cases. For example, as lead counsel for New Balance, Mark won a swift six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement. And, as lead plaintiff counsel for Explorica in a trademark case, he won a jury verdict just ten weeks after filing the complaint. During that short span, the parties engaged in complete discovery, including taking and defending numerous fact and expert depositions. Clients routinely ask him to take over matters at the close of discovery, prior to trial, or on remand, which presents unique challenges and time constraints.

He is also skilled at explaining complex concepts and technology to judges and juries in a persuasive, intelligible style. For example, in the high-profile Supreme Court case ABC v. Aereo, he led the trial and appellate team’s presentation of the key technology. That presentation was the basis of the trial court’s denial of a preliminary injunction, and the Second Circuit’s affirmance of that decision.

Mark draws upon his litigation experience to help clients anticipate and avoid legal issues related to new technologies and brands. Mark has advised numerous technology and media companies on the creation, use, and delivery of content and helped clients assess whether their products will withstand investor and competitor scrutiny. He also has significant experience advising on branding and re-branding projects, including private brand or store brand clearance and risk assessments.

Mark’s exceptional record has earned him praise as a problem solver from client and peer surveys. Most recently, Chambers USA described him as "extremely skilled and effective." World Trademark Review 1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” The Legal 500 has described him as a “smart, creative” trial lawyer who “anticipates everything.” And in 2016, IP Law360 named two of his cases among the top ten trademark decisions of the year.

Practice:

  • Trademark, Copyright & Media
  • 知识产权
  • U.S. International Trade Commission
  • 审判

Mark S. Puzella 合伙人

Boston

As a trial lawyer, Mark excels at handling accelerated, complex cases. For example, as lead counsel for New Balance, Mark won a swift six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement. And, as lead plaintiff counsel for Explorica in a trademark case, he won a jury verdict just ten weeks after filing the complaint. During that short span, the parties engaged in complete discovery, including taking and defending numerous fact and expert depositions. Clients routinely ask him to take over matters at the close of discovery, prior to trial, or on remand, which presents unique challenges and time constraints.

He is also skilled at explaining complex concepts and technology to judges and juries in a persuasive, intelligible style. For example, in the high-profile Supreme Court case ABC v. Aereo, he led the trial and appellate team’s presentation of the key technology. That presentation was the basis of the trial court’s denial of a preliminary injunction, and the Second Circuit’s affirmance of that decision.

Mark draws upon his litigation experience to help clients anticipate and avoid legal issues related to new technologies and brands. Mark has advised numerous technology and media companies on the creation, use, and delivery of content and helped clients assess whether their products will withstand investor and competitor scrutiny. He also has significant experience advising on branding and re-branding projects, including private brand or store brand clearance and risk assessments.

Mark’s exceptional record has earned him praise as a problem solver from client and peer surveys. Most recently, Chambers USA described him as "extremely skilled and effective." World Trademark Review 1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” The Legal 500 has described him as a “smart, creative” trial lawyer who “anticipates everything.” And in 2016, IP Law360 named two of his cases among the top ten trademark decisions of the year.

Practice:

  • 知识产权
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

Laura Brooks Najemy 合伙人

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.

Practice:

  • 知识产权
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

Laura Brooks Najemy 合伙人

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.

740

Practice:

  • Cyber, Privacy & Data Innovation

Amisha R. Patel Counsel

Boston

She has advised clients across industries such as technology, pharmaceutical, finance, and consumer products.

Amisha partners with in-house counsel to devise and execute strategies that align with advancing their overall business goals. She has experience at all stages of litigation – including drafting pleadings and motions, successfully arguing motions, taking and defending depositions, preparing for trial, mediation, arbitration and settlement. She has represented clients in state and federal courts, and before the U.S. Federal Trade Commission and foreign competition authorities.

She has significant investigations experience, having represented senior executives and high-profile individuals in internal and government agency investigations – including the U.S. Department of Justice and the Securities & Exchange Commission.

Amisha previously taught at The George Washington University Law School as an adjunct professor in the Scholarly Writing Program. She maintains an active pro bono practice, representing clients in state and federal court and before the United States Citizenship and Immigration Services. She has drafted cert-stage and amicus briefs in cases before the U.S. Supreme Court in the areas of immigration and affirmative action.

740

Practice:

  • Cyber, Privacy & Data Innovation

Amisha R. Patel Counsel

Boston

She has advised clients across industries such as technology, pharmaceutical, finance, and consumer products.

Amisha partners with in-house counsel to devise and execute strategies that align with advancing their overall business goals. She has experience at all stages of litigation – including drafting pleadings and motions, successfully arguing motions, taking and defending depositions, preparing for trial, mediation, arbitration and settlement. She has represented clients in state and federal courts, and before the U.S. Federal Trade Commission and foreign competition authorities.

She has significant investigations experience, having represented senior executives and high-profile individuals in internal and government agency investigations – including the U.S. Department of Justice and the Securities & Exchange Commission.

Amisha previously taught at The George Washington University Law School as an adjunct professor in the Scholarly Writing Program. She maintains an active pro bono practice, representing clients in state and federal court and before the United States Citizenship and Immigration Services. She has drafted cert-stage and amicus briefs in cases before the U.S. Supreme Court in the areas of immigration and affirmative action.

Practice:

  • Technology & Innovation Sector
  • Cyber, Privacy & Data Innovation
  • Artificial Intelligence (AI)
  • Technology Transactions
  • Strategic Advisory & Government Enforcement (SAGE)

Nicholas Farnsworth 合伙人

Boston

Nick provides compliance guidance on both proposed and effective laws on a federal and state level in the United States, including:

  • Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM)
  • Children’s Online Privacy Protection Act (COPPA)
  • Illinois Biometric Information Privacy Act (BIPA) and other biometric privacy laws
  • Fair Credit Reporting Act (FCRA)
  • Gramm-Leach-Bliley Act (GLBA)
  • Section 5 of the Federal Trade Commission Act (FTC) Act
  • Telephone Consumer Protection Act (TCPA)
  • U.S. state breach notification laws
  • U.S. state privacy laws
  • U.S. artificial intelligence laws

He also counsels clients on the impact of international laws from a U.S. perspective, including the General Data Protection Regulation (GDPR), the ePrivacy Directive (ePD), and the EU Artificial Intelligence Act.

Nick helps clients develop flexible governance frameworks for the development and use of artificial intelligence in the face of ever evolving AI legislation. He also advises clients on strategies, policies and procedures for the sourcing of AI training data, the responsible use of AI by employees, the assessment of risks presented by AI tools, the design of consumer-facing AI, the negotiation of AI-related contracts and the handling of AI-related regulatory inquiries and investigations.

Nick also devotes a portion of his practice to innovative client solutions and community engagement. He was part of the Orrick team that developed Orrick’s AI Resource Center, EU AI Act reference guide, U.S. AI Law Tracker and Gen AI Policy Builder. His pro bono practice has included representing clients in immigration and innocence matters and assisting small businesses with their legal needs.

Nick has obtained the Certified Information Privacy Professional -/ United States (CIPP/US), Certified Information Privacy Technologist (CIPT) and Privacy Law Specialist (PLS) designations from the International Association of Privacy Professionals (IAPP).

Practice:

  • Technology & Innovation Sector
  • Cyber, Privacy & Data Innovation
  • Artificial Intelligence (AI)
  • Technology Transactions
  • Strategic Advisory & Government Enforcement (SAGE)

Nicholas Farnsworth 合伙人

Boston

Nick provides compliance guidance on both proposed and effective laws on a federal and state level in the United States, including:

  • Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM)
  • Children’s Online Privacy Protection Act (COPPA)
  • Illinois Biometric Information Privacy Act (BIPA) and other biometric privacy laws
  • Fair Credit Reporting Act (FCRA)
  • Gramm-Leach-Bliley Act (GLBA)
  • Section 5 of the Federal Trade Commission Act (FTC) Act
  • Telephone Consumer Protection Act (TCPA)
  • U.S. state breach notification laws
  • U.S. state privacy laws
  • U.S. artificial intelligence laws

He also counsels clients on the impact of international laws from a U.S. perspective, including the General Data Protection Regulation (GDPR), the ePrivacy Directive (ePD), and the EU Artificial Intelligence Act.

Nick helps clients develop flexible governance frameworks for the development and use of artificial intelligence in the face of ever evolving AI legislation. He also advises clients on strategies, policies and procedures for the sourcing of AI training data, the responsible use of AI by employees, the assessment of risks presented by AI tools, the design of consumer-facing AI, the negotiation of AI-related contracts and the handling of AI-related regulatory inquiries and investigations.

Nick also devotes a portion of his practice to innovative client solutions and community engagement. He was part of the Orrick team that developed Orrick’s AI Resource Center, EU AI Act reference guide, U.S. AI Law Tracker and Gen AI Policy Builder. His pro bono practice has included representing clients in immigration and innocence matters and assisting small businesses with their legal needs.

Nick has obtained the Certified Information Privacy Professional -/ United States (CIPP/US), Certified Information Privacy Technologist (CIPT) and Privacy Law Specialist (PLS) designations from the International Association of Privacy Professionals (IAPP).

Mark Franke 顾问律师

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.

Mark Franke 顾问律师

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.