Biography

Emilio B. Nicolas is a content and information attorney. His affluent practice includes entertainment, media, technology, and intellectual property litigation and transactional work, with a particular emphasis on copyright, trademark, right of publicity, trade secret, privacy, and defamation. His experience includes federal and state litigation; copyright, trademark, and right of publicity registration, prosecution, and enforcement matters; entertainment, media, technology, privacy, and intellectual property agreements and policies; and intellectual property rights management and clearances. He has also effectively represented clients in various general commercial litigation and transactional matters.

Emilio is a frequent speaker and author on the subjects of entertainment, media, internet, copyright, trademark, and the right of publicity. He is considered a leader among his peers having been named a “Rising Star” by Thomson Reuters, and elected as a Fellow of the Texas Bar Foundation and a Trustee of the Copyright Society of the USA.

Practice Expertise

  • Litigation of entertainment, media, technology, and intellectual property disputes, such as rights ownership, copyright infringement, trademark infringement, unfair competition, domain name disputes, counterfeit goods, misappropriation of the right of publicity, defamation, business disparagement, and invasion of privacy.
  • Litigation of general business and property disputes, such as breach of contract, tortious interference, restrictive covenants, and real property title and boundary disputes.
  • Copyright, trademark, and right of publicity registration, prosecution, and enforcement.
  • Ex parte copyright proceedings before the United States Copyright Office, including office actions.
  • Inter-party and ex parte trademark proceedings before the United States Patent and Trademark Office, including office actions, opposition proceedings, and cancellation proceedings.
  • Intellectual property rights management and clearances.
  • Due diligence of intellectual property assets in M&A deals.
  • Pre-publication review of entertainment, media, and advertising works, including motion pictures, television programs, video games, website content, mobile app content, and print, broadcast, and online advertisements.
  • Preparation, review, and negotiation of various intellectual property license agreements for both licensors and licensees of copyrights, trademarks, rights of publicity, content, and technology properties.
  • Preparation, review, and negotiation of various entertainment and media production, distribution, marketing, finance, property ownership, administration, and exploitation agreements. Examples include:
    • film and television development, production, distribution, exhibition, and finance agreements;
    • multi-channel network and multi-platform network content partnership and distribution agreements;
    • video game development and publishing agreements;
    • music publishing and administration agreements;
    • music recording agreements;
    • commissioned artwork agreements;
    • book publishing agreements;
    • joint-authorship agreements;
    • ghostwriter agreements;
    • event sponsorship agreements;
    • endorsement, product placement, and branded entertainment agreements;
    • advertising agreements;
    • literary agent agreements;
    • talent agent agreements;
    • talent management agreements; and
    • copyright security and mortgage agreements.
  • Preparation, review, and negotiation of software development, publishing, maintenance, and license agreements.
  • Preparation, review, and negotiation of website development and hosting agreements.
  • Preparation and review of electronic agreements and privacy policies for websites and mobile apps.
  • Preparation, review, and negotiation of various general commercial transaction agreements, such as restrictive covenants (e.g., non-disclosure or confidentiality agreements, non-compete agreements, non-solicitation agreements); debt instruments (e.g., promissory notes, security agreements); and product and service agreements.

News & Events

  • News & Publications
  • Speeches
  • Events

    Emilio Nicolas Speaks at 2016 NATOA Conference in Austin

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  • Attorney News

    Jackson Walker Congratulates Its 36 ‘Super Lawyers – Rising Stars’

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  • Attorney News

    Jackson Walker Attorneys Chair the Texas Chapter of the Copyright Society of the USA

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  • Events

    Coming Up: Copyright Society of the USA Texas Chapter Meeting

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  • Attorney News

    Emilio B. Nicolas Elected to the Copyright Society of the USA Board of Trustees

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  • Attorney News

    Stacy Allen and Emilio Nicolas Speak on ‘Hot Topics in Video Game Law’

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  • Spotlight

    Jackson Walker Congratulates Its 32 ‘Super Lawyers – Rising Stars’

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  • Press release

    Emilio Nicolas, Stacy Allen and Mike Meskill to Speak at the Captivate Conference

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  • Press release

    Emilio Nicolas Elected to the American Bar Association’s Intellectual Property Litigation Committee

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  • Press release

    Jackson Walker Helps Film Clients Achieve Big Screen Success

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  • Press release

    Jackson Walker Wins Appellate Victories for Client in High-Profile Music Law Dispute

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  • Press release

    Emilio Nicolas Speaks on the Right of Publicity in the Music Industry

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  • Press release

    Emilio Nicolas Elected to Board of Texas Accountants

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  • Press release

    Emilio Nicolas and Stacy Allen Participate in Panel Discussion on Video Game Law

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  • Press release

    Susan Halsey Named to UNT Fort Worth Task Force

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  • Press release

    Jackson Walker Named a “Go-To Law Firm for the Top 500 Companies” in Litigation

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  • Press release

    Jackson Walker Congratulates Its 24 ‘Super Lawyers – Rising Stars’

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  • Press release

    Stacy Allen and Emilio Nicolas Speak on Video Game Law

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  • Press release

    Emilio Nicolas Speaks on Entertainment Contracts from the Litigator’s Perspective, & Insurance for Film & Television Productions

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  • Press release

    Emilio Nicolas Elected to Advisory Board of Texas Accountants and Lawyers for the Arts

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  • Spotlight

    Jackson Walker Congratulates Its 13 “Rising Stars”

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“Hot Topics in Video Game Law,” Austin Bar Association (March 2015)

“New Law Necessitates Online Privacy Audits and Updates – What You Need to Consider Now If You Have a Website, Online Service or Mobile App,” TechLaw e-Alert (January 2014)

“Music and the Right of Publicity,” Austin Bar Association (December 2013)

“Hot Topics in Video Game Law,” State Bar of Texas Annual Meeting (June 2013)

“NY Chapter: Game On! Videogame Clones and Killer IP,” New York Chapter of the Copyright Society of the U.S.A. (March 2013)

“Let My People Go...to Delaware,” ABI Journal (March 2013)

“What You Need to Know NOW About Video Game Law,” Copyright Society of the U.S.A. Mid-Winter Meeting (February 2013)

“Lights! Camera! Transaction! Entertainment Law for the Everyday Practitioner,” Hays County Bar Association (April 2012)

“How to Conduct Business in the U.S. – Legally,” UKTI Interactive Master Class (March 2012)

“International Entertainment Litigation: The Challenges of Practicing Abroad,” Texas Review of Entertainment & Sports Law (February 2012)

“Arbitration of Entertainment Disputes,” ABA CLE Webcast (April 2011)

“Legal Frontiers In Social Networks, Blogs and Beyond,” SXSW (March 2011)

“Copyright/Trademark Issues: A Primer,” Texas State Bar CLE Webcast (January 2010)

“Beware: Twitter-Squatting and Its Successors,” TechLaw e-Alert (January 2010)

“Your Band as a Business,” Austin Music Foundation Music Law Essentials (August 2009)

International Intellectual Property Rights Workshop (May 2009)

“Online Copyright Infringement: Minimizing Exposure to Individuals and Small Businesses That Operate on the Internet,” Vol. 45, The Advocate 40 (Winter 2008)

Non-human Persons and the Right of Publicity,” 2008, No. 4, Media Law Resource Center Bulletin 61 (December 2008)

“Keyword Search Advertising: Whose Name Is It Anyway?,” Vol. 25, No. 2, ABA Comm. Law 7 (2007)

“The Perils of Keyword Search Engine Advertising,” Vol. 4, Association of Corporate Counsel – Austin Chapter Newsletter 3 (2007)

“Why the Ninth Circuit Added Too Much To Subtract Add-on Software From the Scope of Derivative Works Under 17 U.S.C. § 106(2): A Textual Argument,” 2004, Syracuse Sci. & Tech. L. Rep. 1 (2004)