• Litigation of entertainment, media, technology, and intellectual property disputes. Examples include intellectual property rights ownership and royalty disputes, copyright infringement, trademark infringement, counterfeiting, domain name disputes, misappropriation of the right of publicity, invasion of privacy, defamation, business disparagement, breach of contract, tortious interference, and restrictive covenants.
• Handle inter-party and ex parte trademark proceedings before the United States Patent and Trademark Office, and the Trademark Trial and Appeal Board, including office actions, opposition proceedings, and cancellation proceedings.
• Handle responses to United States Copyright Office refusals to register claims.
• Copyright, trademark, and right of publicity registration, prosecution, and enforcement.
• Intellectual property rights management and clearances.
• Due diligence of intellectual property assets in M&A deals.
• Pre-publication review of entertainment and media industry works, including motion pictures, television programs, video games, website and mobile app content, and advertisements.
• Prepare and negotiate various entertainment and media industry agreements. Several examples include:
  • film and television development, production, distribution, exhibition, and finance agreements;
  • video game development and publishing agreements;
  • book publishing agreements;
  • music publishing and administration agreements;
  • event production and marketing agreements;
  • multi-channel network and multi-platform network content partnership and distribution agreements;
  • joint-authorship agreements, including co-author agreements, and ghostwriter agreements;
  • endorsement, product influencer, product placement, and branded entertainment agreements;
  • advertising and sponsorship agreements;
  • literary agent agreements;
  • talent agent and management agreements; and
  • copyright security and mortgage agreements.
• Prepare and negotiate various intellectual property, confidentiality, and technology agreements related to content, data, and technology properties for clients, regardless of their industry. Several examples include:
  • General intellectual property ownership, sale, and license agreements;
  • Software development, publishing, maintenance, and license agreements;
  • Website development and hosting agreements;
  • Non-disclosure or confidentiality agreements;
  • Non-compete and non-solicitation agreements; and
  • Ecommerce agreements.
• Prepare and counsel on website and mobile app, terms of service, privacy policies, and related electronic and ecommerce agreements and policies.
• Provide counsel on text messaging issues related to the Telephone Consumer Protection Act (TCPA).

Rising Star, Super Lawyers (Thomson Reuters), 2012-2016

Publications

• “Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases” (March 2019)
• “So Far, So Good? The DMCA Safe Harbors at Twenty” (September 2018)
• “Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting” (September 2018)
• “California Passes GDPR-Lite: Strictest Privacy Law in United States” (July 2018)
• “Last Call: Your Q4 DMCA Agent Designation Reminder” (October 2017)
• “Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims” (August 2017)
• “Upon Further Review: Supreme Court Ruling Means “Redskins” Trademark Registrations Are Still In Play” (June 2017)
• “New Law Necessitates Online Privacy Audits and Updates – What You Need to Consider Now If You Have a Website, Online Service or Mobile App” (January 2014)
• “‘Let My People Go…to Delaware’ – Paupers, Vagabonds and Fugitives from Justice Excepted,” American Bankruptcy Institute Journal (March 2013)
• “Beware: Twitter-Squatting and Its Successors,” TechLaw e-Alert (January 2010)
• “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)

Speeches

• “Hot Topics in Video Game Law,” Austin Bar Association – Entertainment & Sports Law Section CLE (March 2015)
• “They’re Not Just for Kids: Video Games and the Future of Soft IP Law,” American Bar Association – Intellectual Property Litigation in Texas (February 2015)
• “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)
• “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)
• “Your Band as a Business,” Austin Music Foundation Music Law Essentials (August 2009)
• “International Intellectual Property Rights Workshop,” (May 2009), Jackson Walker LLP – Austin