Diana Torres - Partner

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Diana Torres

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Los Angeles
Phone: +1 213-680-8338
Fax: +1 213-680-8500
Palo Alto
Phone: +1 650-859-7088
Fax: +1 650-859-7500
Overview News Events Publications

Professional Profile

Diana Torres is a commercial litigation and intellectual property partner in Kirkland's Los Angeles and Palo Alto offices. Diana focuses her practice on intellectual property, trade secrets and unfair competition matters, and has handled many high-profile matters for a wide variety of clients, including entertainment and media companies, Internet service providers, electronics and consumer products manufacturers and financial institutions. Diana also advises clients on compliance and contractual issues, commercial legal strategy and internal investigations, profit participation and film financing disputes.

Diana is consistently recognized in The Legal 500 U.S. for excellence in both copyright and trademark litigation, remarking that she is "an extremely business savvy lawyer" and noting that "clients are impressed." Diana was also listed in the U.S. News and World Report, Best Lawyers® from 2010-2015, in the area of Intellectual Property Law and selected as a "California Super Lawyer" by Super Lawyers magazine every year since 2009.


Representative Matters

Entertainment Litigation

Represents Melrose Investors 2 LLC against Paramount Pictures Corp. and DW Studios LLC in litigation involving entertainment accounting.

Represents an investment fund in a breach of contract dispute related to its over $1 billion film financing investment with a major motion picture studio.

Represents well-known entertainment company in trade secrets and piracy matters.

Represented Don Johnson Productions in litigation that resulted in substantial jury verdict in favor of actor's production company and established ownership rights in successful television series.

Represented Fox Television Stations, Canella Response Television and broadcasters around the country in putative defendant class action copyright infringement litigation.

Represented Twentieth Century Fox Film Corporation in David Hayter v. Twentieth Century Fox and Newmarket Press, involving issues concerning credit disputes and rights under the federal and state unfair competition and false advertising laws.

Represented Twentieth Century Fox Film Corporation in Twentieth Century Fox Film Corporation v. Marvel Enterprises, Inc., et al., a high-profile litigation involving cutting-edge issues of copyright, trademark, false advertising, and licensing law.

Represented television producers in connection with trade secrets and intellectual property issues involving highly successful reality program.

Intellectual Property Litigation

Represented AWR Corporation in software piracy matters, including in a recently-concluded litigation against large foreign telecommunications company.

Represents LifeLock in trademark, false advertising and unfair competition litigation.

Represents The Limited Brands' companies in copyright and trademark actions.

Represents Mastro's Restaurants in trademark litigation against former owners.

Represented Oversee.net in trade secret litigation involving misappropriation of software code and confidential business information.

Represented The Associated Press against artist and clothing company in litigation involving popular graphic art of then-Senator Barack Obama.

Represents JPMorgan Chase in trademark enforcement matters.

Represented the International Olympic Committee and United States Olympic Committee in litigation against fraudulent ticket brokers.

Represented MySpace in highly-publicized litigation alleging primary and secondary copyright infringement liability from user-posted content online.

Represented the U.S. distributors of Splenda™ in false advertising cases brought by the Sugar Association and would-be class action representatives.

Represented video game developer Cryptic Studios, Inc., in the highly publicized copyright and trademark case, Marvel Entertainment, Inc. v. NCsoft Corp., et al, which involved alleged secondary liability for copyright and trademark infringement in connection with the award-winning video game, City of Heroes.

Represented Screen Actors Guild in Lanham Act and Computer Fraud and Abuse Act litigation.

Represented J. P. Morgan Chase & Co. in trademark litigation and enforcement.

Represented E. & J. Gallo Winery in trademark and unfair competition litigation.

Represented the largest importer of Chinese-manufactured tires in intellectual property and general commercial disputes.

Represented and advised numerous companies in connection with contractual issues and commercial legal strategy.

Represented and advised internet-based businesses on a myriad of issues, including terms of use, DMCA compliance, and general legal issues.


Memberships & Affiliations

President of the Board of Directors (Investment Committee Chair, 2006, Finance Committee Chair and Executive Director Search Committee Chair until 2010), Western Center on Law & Poverty, Inc.

Member of the Board of Trustees, Mexican American Bar Foundation

Commissioner and former Vice President, City of Los Angeles Convention Center, Mayor's Advisory Commission

Executive Committee (until 2009; former Program Chair), Intellectual Property and Entertainment Law Section of the Los Angeles County Bar Association

Co-Chair (founding until 2009), Women in Intellectual Property Subcommittee, Litigation Section Intellectual Property Committee, American Bar Association

Board of Directors (Chair, 2005 – 2007; member, 2000-2005), Crystal Stairs, Inc.

Member, MALDEF (Mexican American Legal Defense & Education Fund) Scholarship Committee (until 2004)


Other Distinctions

Adjunct Professor, "Fashion Law," Southwestern Law School, Intersession, 2009


Publications

"'Let's [Not] Go Crazy' With DMCA Takedowns," IP Law360 Guest Column (December 4, 2008) (co-author)

"10th Circuit Affirms Grant of Summary Judgment Dismissing Trademark Infringement, Unfair Competition and Cybersquatting Claims in Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research," June 2, 2008 Alert

"9th Circuit Rules That Copyright Act Bars Award of Statutory Damages for Post-Registration Infringements When the Initial Act of Infringement Occurs Prior to the Effective Copyright Registration Date;" Alert re: Derek Andrew, Inc. v. Poof Apparel, June 12, 2008


Seminars

Silicon Valley Association of Corporate Counsel's 23rd Annual All Hands Meeting, "Pursuing & Defending Copyright Infringement In High-Tech Industries," December 7, 2011

Practising Law Institute, "Technology and Entertainment Convergence 2010: Hot Business and Legal Issues in 'Technotainment,'" September 2010


Prior Experience

Partner
O'Melveny & Myers LLP
2001-2009


Courts

U.S. District Court, Central, Northern, and Southern Districts of California

U.S. District Court for the Eastern District of Michigan

U.S. Court of Appeals, Seventh, Ninth, and Federal Circuit

© 2014 Kirkland & Ellis LLP