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Practice:

  • Intellectual Property
  • IP Counseling & Due Diligence
  • Patents
  • Life Sciences & HealthTech

K. Patrick Herman Of Counsel

New York

Patrick's practice focuses on complex patent and other intellectual property matters. He has represented petitioners and patent owners in dozens of inter partes review proceedings relating to technologies such as automotive safety systems, catalytic materials, engine oil additives, and hard drive and other computer components.  Patrick also prosecutes patents before the USPTO in the chemical and material science fields.

In addition, Patrick has more than a decade of experience representing both plaintiffs and defendants in more traditional patent litigation. He has been involved in all phases of litigation, from developing initial strategy through appeal. Patrick has appeared in intellectual property cases before a variety of different federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the International Trade Commission. Applying his engineering background, he has represented clients in patent infringement litigations involving medical devices, pharmaceuticals, petrochemicals, automotive technologies, consumer electronics, and children’s toys.

Patrick's practice also extends to intellectual property counseling, including rendering opinions relating to patentability, infringement, validity, and freedom-to-operate issues, and the performance of patent diligence.

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Practice:

  • Supreme Court and Appellate

Ned Hirschfeld Senior Associate

New York

Ned focuses on appellate litigation. He has authored successful merits briefs and petitions for certiorari in the U.S. Supreme Court, as well as dozens of briefs in federal and state appellate courts. Ned's work has covered a wide range of subject areas, including patent, constitutional law, and complex commercial litigation.  He has also counseled Fintech clients on novel issues confronting the industry.

Ned maintains an active pro bono practice focused on immigration and criminal justice matters, including a successful appeal in the Second Circuit that vacated an arbitrary change to the meaning of "moral turpitude" under the Immigration and Nationality Act.

Prior to joining Orrick, Ned served as a law clerk to Judge Robert Sack of the U.S. Court of Appeals for the Second Circuit and Judge Kimba Wood of the U.S. District Court for the Southern District of New York.  During law school, he served as an Articles Editor for the Yale Law Journal.

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Practice:

  • Finance Sector
  • Commercial Mortgage‐Backed Securities
  • Asset‐Backed Securities
  • Structured Finance
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Practice:

  • Antitrust & Competition
  • Life Sciences & HealthTech
  • Complex Litigation & Dispute Resolution
  • Strategic Advisory & Government Enforcement (SAGE)

Eric Hochstadt Partner

New York

Major players across technology, life sciences, financial services, retail, sports and transportation hire Eric again and again. Chambers USA describes him as "pulling all the pieces together and thoroughly prepared and ready to advocate" and "one of the foremost experts in antitrust law." Praised for clear communication and his "encyclopedic knowledge of antitrust," he is described as "driving cases forward and rolling his sleeves up." Clients commend him as a "really good trial lawyer," who is "skilled, savvy, and practical.” Lawdragon names him among the 500 "Leading Litigators in America."

Eric has played a pivotal role in shaping modern antitrust law through his involvement in significant cases challenging important business or industry-wide practices and transformational acquisitions. This has ranged from securing a complete defense verdict in the rare antitrust jury trial attacking an asset swap transaction – a case American Lawyer dubbed “An Antitrust Unicorn — With $800M on the Line”; to defeating a government merger challenge based on the novel “potential competition” theory that a “Big Tech” firm should enter a new market by “building versus buying”; to achieving a multi-hundred-million-dollar verdict for a leading pharmaceutical company in connection to antitrust claims to restore the market for the treatment of cardiovascular disease; to upholding a private equity firm’s ability to do “joint bids” for investment opportunities; to securing the dismissal of an alleged “no poach” class action by avoiding automatic or per se scrutiny of a distribution arrangement at the outset of the lawsuit – a win highlighted in American Lawyer’s “Litigator of the Week” column; to achieving a landmark class action settlement against a copyright collective with 20 years of licensing and royalty rate-setting conduct relief after regulators declined to bring an enforcement action. This work often involves the testimony of C-suite witnesses, opinions of leading economic experts, and the intersection of antitrust law with employment and intellectual property laws.

A member of the Executive Committee of the Antitrust Section of the New York State Bar Association, Eric speaks regularly before antitrust bar associations and at PLI and GCR programs.

Dave Holahan Counsel

New York

Dave has extensive trial experience at the state and federal levels, including in the United States District Court for the Southern District of New York, the Delaware Court of Chancery, and the Commercial Division of New York State’s Supreme Court, New York County.  Dave also has experience representing and defending clients' rights and remedies before federal and state regulators.  Among other of Dave's successful trial outcomes, Dave served as co-lead counsel and secured a complete victory for his client in a dispute between two joint venture real-estate development partners after completing a 23-day bench trial in New York County’s Commercial Division and authoring the post-trial brief.

A zealous advocate for his clients, Dave is particularly adept at developing overall litigation strategies and, where advisable, advising clients regarding litigation avoidance, such as resolving business disputes through negotiation and mediation. He is skilled in working efficiently on behalf of his clients by quickly assessing potential liability and exposure, including the viability of any available claims and defenses, and aggressively acting to use the same in helping his clients achieve the best outcome consistent with their practical business objectives. Where appropriate and necessary, Dave has utilized his broad experience in structuring varied agreements with outside litigation funding firms, enabling his clients to litigate or arbitrate meritorious claims while providing alternative sources of funding to pay for the expense of litigation.

Practice:

  • Restructuring
  • Bankruptcy Litigation
  • Banking & Finance

Evan C. Hollander Partner

New York

Mr. Hollander has represented key parties in restructuring matters involving a wide range of sectors—including offshore drilling, aerospace, automotive, sovereign wealth, manufacturing, retail, and telecommunications. He frequently writes on insolvency related topics and routinely appears on panels at industry conferences.

Practice:

  • Intellectual Property
  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • U.S. International Trade Commission

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.