People

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.

Sheryl Koval Garko Partner

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 Associate

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 Partner

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 Partner

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 Senior Associate

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.