Joshua is 'always up on the latest legal developments,' 'provides practical advice and solutions,' 'is passionate about the law,' and is 'always ready for a challenge.'

- World Trademark Review

Joshua Simmons is a well-established and nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR). This “Intellectual Property Superhero” (CLS) has been named one of the “500 leading litigators in America” (Lawdragon) for his wins in copyright, patent, right of publicity, trademark, trade secret, and unfair competition litigations, as well as contract, licensing, and domain name disputes. As a “Power Lawyer” (THR) and “Trailblazer” (NLJ), he is sought after for complex cases and those of first impression; IP counseling; strategic portfolio management; as well as regulatory and legislative policy advice. His eye-catching litigations involve a range of media (film, news, publishing, social media, sports, television, theatre, and video games) and technologies (artificial intelligence, computer software and services, circuitry and semiconductors, Internet-based systems, medical devices, and telecommunications).

Josh routinely is recognized for his high-profile IP, media, entertainment, and technology representations:

  • Chambers ranked Josh for his copyright, trademark, trade secret, and media & entertainment practices, describing his “notable expertise” with “entertainment and technology sector clients.” It reported client comments that “he is completely on top of cases at all times,” “knows exactly what is happening,” and “has a 360 degree view of the entire litigation” with case theories "thought out in so many angles." They called him "impeccable." Clients also noted that he is “incredibly smart, super informed, and creative in his approach,” with an "encyclopedic knowledge" and "amazing writing skills." They found him “very practical” with “business-savvy advice" that "always keeps the client's goals in mind" and makes them "feel confident." And they wrote that he is “wonderful,” "even and steady," and a "terrific team player” who is “delightful to work with.”
  • World Trademark Review referred to Josh as a “dexterous all-rounder” and an established name in "complex cases and strategic portfolio management," ranking him for trademark enforcement, litigation, prosecution, and strategy. Clients attested to him being a “tremendous asset” and “versatile practitioner” who combines “elite legal acumen with a unique understanding of the process of creating entertainment” as well as “a deep understanding of technology.”
  • Due to Josh’s “broad-based expertise in IP litigation” and “record at trial and appeals, including cases before the US Supreme Court,” Legal 500 recognized him as an “expert practitioner” and highlighted his copyright, trademark litigation, trade secrets, and media and entertainment practices.
  • Numerous publications have honored Josh for his ground-breaking achievements. The Hollywood Reporter recognized him as a “Power Lawyer” for his practice at the “intersection of entertainment and tech.” National Law Journal named him a “Trailblazer” and “agent of change” in the sports, gaming, and entertainment industries. Columbia Law News called him a “Lion of the Law.” American Lawyer named Josh one of its “Litigators of the Week.” And Managing Intellectual Property and Law360 honored Josh’s copyright, trade secret, and trademark cases as “Milestone Case of the Year” and “Legal Lions,” respectively.

In addition to his full-time litigation practice, Josh hosts PLI’s IP Discussions with Joshua Simmons, frequently speaks on emerging trends, and has authored numerous well-cited articles. He is an active member of the IP bar, serving as an officer and Council member for the ABA Intellectual Property Law Section, and a Trustee of the Copyright Society; leading various artificial intelligence, copyright, Internet and social media, software, and trademark committees and task forces; and liaising to organizations on copyright and right of publicity issues. And he is an advisor to Columbia Law School’s Kernochan Center.

Josh also is a diversity, inclusion, and pro bono leader, for which Columbia OutLaws and QTPOC honored him as the inaugural recipient of the Judge Deborah A. Batts Award for Queer Visibility. Within Kirkland, he is a member of the firmwide Diversity & Inclusion Committee, and Coordinator of the N.Y. Pride Professional Network. Outside Kirkland, his pro bono includes representing asylum seekers before the Department of Homeland Security, as well as IP-related matters for the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and various leading LGBTQ nonprofits. 


Thought Leadership


Trade Marks (Chambers and Partners 2021–2023 ed.) 

Book Chapters

Copyright, in Successful Partnering Between Inside & Outside Counsel (Robert L. Haig ed., 2016–21)

Digital Millennium Copyright Act: 20 Years Later, in Intellectual Property Law in Cyberspace (3d ed., 2017; 3d ed. Supp. 2018–20) 

The Digital Millennium Copyright Act and Its Effect on Copyright Owners and Service Providers Online, in Intellectual Property Law in Cyberspace (2d ed. Supps. 2012–16)

Law Journal Publications

The 5 Ws of Merger, 43 Colum. J.L. & Arts 407 (2020)

Inventions Made For Hire, 2 N.Y.U. J. Intell. Prop. & Ent. Law 1 (2012)

Catwoman or the Kingpin: Potential Reasons Comic Book Publishers Do Not Enforce Their Copyrights Against Comic Book Infringers, 33 Colum. J.L. & Arts 267 (2010) (reprinted in 2010 Entm't, Publ'g and the Arts Handbook)

Buying You: The Government's Use of Fourth-Parties to Launder Data About "The People," 2009 Colum. Bus. L. Rev. 950 (2009)

Other Publications

2022 Copyright Developments, ABA Copyright Division

2021 Trade Secret Developments, IPO Trade Secret Committee

2021 Trademark & Unfair Competition Developments, IPO U.S. Trademark Law Committee

2021 Copyright Developments, ABA Copyright Division

FTC Sends Over 700 Companies Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct Around Endorsements and Testimonials, Kirkland Alert, Oct. 22, 2021 

2020 Copyright Developments, ABA Copyright Division

Trademarks and the First Amendment: Litigation Trends, N.Y.L.J., Nov. 6, 2020

Recovering on Small Copyright Claims, Jurist Int’l, no.3, 2020 at 65 

2019 Copyright Developments, ABA Copyright Division

Resolving Patent Disputes, Financier Worldwide, Aug. 2019, at 31

On the Road to a Modern Copyright System, Landslide, Mar./Apr. 2019, at 5

2018 Copyright Developments, ABA Copyright Division

Split Personality: Constructing a Coherent Right of Publicity Statute, Landslide, May/Jun. 2018, at 37

‘Substantial Similarity’: A New Approach to Dismissing Implied-in-Fact Contract Claims?, N.Y.L.J., Mar. 23, 2018

2017 Copyright Developments, ABA Copyright Division

Software IP—It’s Not Just For Tech Cos. Anymore, Law360, Aug. 3, 2017

Contentious Construction: Does Language Fit into Copyright’s Mold?, Landslide, July/August 2017, at 44

Searching for Web Crawling’s Legal Boundaries, N.Y.L.J., May 22, 2017

2016 Copyright Developments, ABA Copyright Division

The Next Great Copyright Office, Landslide, July/August 2015, at 22

2014 Social Media in the News, ABA Copyright & Social Media Committee

2013 Social Media in the News, ABA Copyright & Social Media Committee

Social Media in the Digital Millennium, Landslide, May–June 2013, at 26

Speaking Engagements

In addition to the speaking engagements below, Josh has given guest lectures on copyright, trademark, and right of publicity topics at Harvard Law School, Columbia Law School, and Fordham Law School. 

Practicing Law Institute’s IP Discussions with Joshua Simmons (Season 2)

Trademark Dilution and Depletion (Dec. 22, 2022)

Product Packaging (Nov. 9, 2022)

Judging IP Cases (Nov. 1, 2022)

Copyright Roundup: Discussing the Greatest Hits of 2022, NYCLA’s 14th Art Law Institute: New Insights in Art Law (Oct. 28, 2022)

Practicing Law Institute’s IP Discussions with Joshua Simmons (Season 1)

Preemption (Sept. 1, 2022)

Parody/Satire (June 29, 2022)

Photography (May 13, 2022)

Product Design (Apr. 25, 2022) 

Antitrust (Mar. 14, 2022)

Social Media (Feb. 25, 2022)

Trademarks and the First Amendment (Jan. 7, 2022)

Employment Agreements (Dec. 20, 2021)

Platform Liability & Safe Harbors (Nov. 10, 2021)

Repair Restrictions (Oct. 19, 2021)

Conversation with Joshua Simmons, Non Obvious with Hugh Hanson (Oct. 14, 2022)

#sponsored — Navigating Advertising Rules & Regulations in the World of Social Media, 2022 Advertising Law Seminar (Oct. 12, 2022)

Believe the Hype or Old Wine in New Bottles? Understanding and Using New Internet Technologies, 2022 INTA Annual Meeting (Apr. 30, 2022)

Are We All Textualists Now? “Communicating” a “Display” to the “Public,” 29th Annual Intellectual Property Law & Policy Conference (Apr. 22, 2022)

A Bit about Bits: IP Protection for Software, 2022 ABA-IPL Section Annual Meeting (Apr. 7, 2022)

Copyright Registration Issues in Litigation, Advanced Copyright 2022: Current Issues (Mar. 10, 2022)

When Creativity and Commercialism Meet: Trademarks and the First Amendment, 2021 INTA Annual Meeting (Nov. 16, 2021)

The IP Line of Scrimmage: Recognizing Infringement Online, Kirkland Now (Nov. 11, 2021)

What’s in a (Brand) Name: Trademark 101, Federal Bar Association (Nov. 1, 2021)

Trademark Law and Artificial Intelligence, C-IP2 2021 Annual Fall Conference (Oct. 14, 2021)

Running Up the Score with the First Amendment: Right of Publicity, Intellectual Property and Social Media in 2021, ABA Forum on Entertainment & Sports Industries (Oct. 9, 2021)

New Cases in Copyright Law—Internet and Beyond, Fundamentals of Copyright Law in the Data Era 2021 (July 12, 2021)

The Originality Requirements in the Restatement, Columbia Law School Roundtable on The Restatement of Copyright Law: Past, Present, and Future (Apr. 23, 2021)

Copyright Unmasked: A Year in Copyright Developments, ABA IPLSPRING Series (Apr. 15, 2021)

Dancing with Rogers: Trademarks and the First Amendment, 28th Annual Intellectual Property Law & Policy Conference (Apr. 9, 2021) 

Copyright Infringement Trials, Advanced Copyright 2021: Current Issues (Mar. 11, 2021)

How Allyship Advances Diversity & Inclusion in the IP Legal Profession, IP Chat Channel (Jan. 28, 2021)

Google v. Oracle America, Inc.: The Copyright Battle of the Century, LAIPLA (Jan. 13, 2021) 

Line Drawing: Advanced Topics in Deciphering Fair Use, Copyright Society (Nov. 10, 2020)

Oracle v. Google: Analyzing the Oral Argument and Outlook, IP Chat Channel (Oct. 13, 2020) 

Point/Counterpoint: Copyright Year in Review, ABA IP Fall Institute (Sept. 29, 2020)

Intermediary Cooperation, Liability, and Safe Harbors, 2020 IPO Annual Meeting (Sept. 21, 2020)

Enforcing Copyrights, Fundamentals of Copyright Law in the Data Era 2020 (June 25, 2020)

Copyright and the State: The Canadian and US Supreme Court Recent Decisions on State Materials, ALAI Canada (June 23, 2020) 

Scorching Hot Copyright Topics, ABA IPLSPRING Series (June 11, 2020) 

Wait! (Or Maybe Don’t): Copyright’s Statute of Limitations, Advanced Copyright Law 2020: Current Issues (Mar. 12, 2020)

Fun Games & Legal Claims: Exploring the Intersection of Copyright in Video Games, 2020 CSUSA Midwinter Meeting (Feb. 15, 2020)

Scope of Copyright Protection, Kernochan Symposium 2019: Exploring Copyrightability and Scope of Protection (Oct. 4, 2019)

Enforcing Copyrights, Fundamentals of Copyright Law in the Data Era 2019 (June 27, 2019)

Leveling Up in Video Game Copyright, Copyright Society of the USA (May 31, 2019)

Software Trademarks: Open or Proprietary, 141st INTA Annual Meeting (May 21, 2019)

Mid-Year in Review, AIPLA 2019 Spring Meeting (May 17, 2019)

The More You Know: U.S. Intellectual Property Protection for Data, 26th Annual Technology & Law Seminar (May 15, 2019)

Stranger Danger: Protecting brand Owners from Potential Liability from Influencers and Customer Reviews, 26th Annual Technology & Law Seminar (May 15, 2019)

Taking Copyright a (Dance) Step Too Far, 27th Annual Intellectual Property Law & Policy Conference (Apr. 26, 2019)

Google v. Oracle, 27th Annual Intellectual Property Law & Policy Conference (Apr. 25, 2019)

Secondary Liability and the DMCA, 34th Annual Intellectual Property Law Conference (Apr. 19, 2018)

Demystifying Software Copyrights, Advanced Copyright Law 2019: Current Issues (Mar. 14, 2019)

It’s Not the Principle, It’s the Money: IP Remedies, 2019 Copyright, Trademark, Internet & Advertising Symposium (Feb. 5, 2019)

Living on the Edge: Software and Emerging Technologies, 2019 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2019)

Transforming the Law: Fair Use for the In-House Lawyer, 2019 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2019)

Copyright Liability for Online Service Providers, 2019 Copyright & Technology Conference (Jan. 16, 2019)

Raiders of the Lost Act: An Adventure into Dark Corners of the Copyright Act, Copyright Society of the USA (Oct. 30, 2018)

Protecting Software in the Pharmaceutical and Health Care Industries, 46th IPO Annual Meeting (Sept. 24, 2018)

Famous and Furious: Beer, Video Games, and Fantasy Sports vs. Celebrity Likeness, ABA Webinar (Aug. 29, 2018)

Thinking About Your Copyrights: Enforcement & Defense, Fundamentals of Copyright Law in the Data Era (June 28, 2018)

Celebrity Name and Likeness Rights: Publicity, Personality, Privacy, or Confusion?, 140th INTA Annual Meeting (May 23, 2018)

Embedding and Framing and Linking, Oh My! Social Media Risks and Strategies, 25th Annual Technology & Law Seminar (May 15, 2018)

The Right of Publicity, 33rd Annual Intellectual Property Law Conference (Apr. 19, 2018)

Watching the Fair Use Pendulum Swing, 26th Annual Intellectual Property Law & Policy Conference (Apr. 6, 2018)

U.S. Copyright Potpourri, 26th Annual Intellectual Property Law & Policy Conference (Apr. 6, 2018)

Substantial Similarity: Do We Know It When We See It?, Advanced Copyright Law 2018: Current Issues (Mar. 15, 2018)

Alice Doesn’t Live Here Anymore: Software Protection in the Post-Alice Era, 2018 Copyright & Technology Conference (Jan. 16, 2018)

Speak Softly and Use the Right Stick: The Future of IP Protection for Software, IP West 2017 (Oct. 12, 2017)

Crying Wolf or Is Open Source Risk Real: Some Recent Trends and Cases, 2017 Open Source Seminar (June 7, 2017)

Taming the Unruly: Protecting Software Using Different IP Disciplines, 24th Annual Technology & Law Seminar (May 31, 2017)

Resolving Technology and IP Disputes with Online Dispute Resolution Technology, 19th Annual Dispute Resolution Conference (Apr. 21, 2017)

Fair Use After Google Books, Advanced Copyright Law 2017: Current Issues (Mar. 16, 2017)

“You Stole My Idea!” “Who Are You?”: Recent Idea Submission Developments, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 31, 2017)

Fair Weather Friends: Nominative Fair Use and Comparative Advertising, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2017)

Building on the Shoulders of Giants or Stealing Their Gold: When Does Copying from Software Competitors Go Too Far?, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)

Life of a Social Media Campaign: Concerns and Best Practices, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)

Part of the Team: Trademark & Copyright Contributory Infringement, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)

The Copyrightability of Constructed Languages, Copyright Society of the USA (Dec. 16, 2016)

Viral Videos, 24th Annual Fordham Intellectual Property, Media & Entertainment Law Journal Symposium (Sept. 30, 2016)

How Many “Likes” Can You Get? Navigating Advertising Rules & Regulations in the World of Social Media, 2016 Advertising Law Seminar (Sept. 13, 2016)

Using Social Media and Internet-Based Content: What You Don’t Know Can Hurt You!, 23rd Annual Technology & Law Seminar (May 18, 2016)

Law & Innovation: Web Crawling and Scraping, ABA 31st Annual Intell. Prop. Law Conference (Apr. 7, 2016)

Copyright in Computer Programs: A Sea Change or Business As Usual?, 24th Annual Intellectual Property Law & Policy Conference (Apr. 1, 2016)

Copyright Office: Past, Present, Future, Advanced Copyright Law Annual Review 2016 (March 23, 2016)

Double the Opportunity: Patent and Copyright Protection for Software After Alice and Oracle, 43rd IPO Annual Meeting (Sept. 28, 2015)

Global Trademark Portfolio Management in 2015, Intellectual Property Institute, National LGBT Bar Association's 2015 Lavender Law Conference (Aug. 7, 2015)

Fair Use: Which Factors Count in Different Circuits?, IPCENTRAL at the ABA Annual Meeting (July 31, 2015)

New Cases in Copyright Law — Internet and Beyond, Fundamentals of Copyright Law in the Data Era 2015 (June 25, 2015)

Avoiding Legal and Ethical Social Media Pitfalls, 22nd Annual Technology & Law Seminar (May 20, 2015)

From Big Screen to Computer Screen, Columbia Law School Entertainment, Arts and Sports Law Society's Spring Symposium (Apr. 17, 2015)

A Year in Review of Significant Social Media Related Cases, ABA 30th Annual Intellectual Property Law Conference (Mar. 27, 2015)

IP Assets: Obtain and Protect, National LGBT Bar Association's 2014 Lavender Law Conference (Aug. 23, 2014)

An Update on Software Copyright Protection After the Landmark Oracle v. Google Decision, ABA Section of Intellectual Property Law (Aug. 14, 2014)

Where are We and Where are We Headed? U.S. Copyright Review, IPCENTRAL at the ABA Annual Meeting (Aug. 7, 2014)

Promoting Progress in Social Media: Patentability & Copyrightability Issues, ABA 29th Annual Intellectual Property Law Conference (Apr. 4, 2014)

IP Protection in a Networked World: Copyright & Trademark Enforcement in Social Media, ABA 28th Annual Intellectual Property Law Conference (Apr. 3, 2013)

Trademark Enforcement in Social Media, State Bar of California (Sept. 11, 2012)

The FCC's Recently Proposed Network Neutrality Rules, NYC Bar Association's Information Technology Law Committee (Oct. 27, 2009)


Benchmark Litigation

Appellate, 2020–22
Intellectual Property, 2020–22
“40 & Under Hot List,” 2020–22

Best Lawyers

Copyright, 2019–21

Chambers and Partners

Media & Entertainment: Litigation - New York, Band 3, 2021–22
Intellectual Property: Trademark, Copyright & Trade Secrets - New York, Band 3, 2022; Band 4, 2021; “Up and Coming,” 2019–20

Columbia Law School

“Lion of the Law,” Columbia Law News, 2021
Judge Deborah A. Batts Award for Queer Visibility, Columbia OutLaws and QTPOC, 2021

Expert Guides

Litigation, 2022
“Rising Star,” 2022 

The Hollywood Reporter

“Power Lawyer,” New York, 2021


Media & Entertainment Editorial Board, 2021
Media & Entertainment “Rising Star,” 2018


Leading Litigators in America, IP Litigation, 2022

Legal 500

“Next Generation Partner,” 2020–22
Copyright, 2018, 2020–22
Media & Entertainment, 2017–19, 22
Trademarks: Litigation, 2018–19
Trade Secrets, 2017–22
“Next Generation Lawyer,” 2017–19

Managing Intellectual Property

“Rising Star,” 2022
Copyright, 2022

National Law Journal

Sports/Gaming/Entertainment Law “Trailblazer,” 2021
Sports & Entertainment “Trailblazer,” 2020

Super Lawyers Magazine

Intellectual Property Litigation, 2014–21
“Rising Star,” 2014–21

World Trademark Review

Enforcement & Litigation, Bronze, 2019–22
Prosecution & Strategy, Bronze, 2021–22

American Bar Foundation

Life Fellow, 2021–present
Fellow, 2017–2021

Immigration Equality

Safe Haven Award, 2012, 2014

Memberships & Affiliations

American Bar Association, Intellectual Property Law Section

Secretary, 2021–present

Copyright Law Reform Task Force, Chair, 2013–present

Policy Advisory Committee, Chair, 2022–present

Council, Member and Liaison to Copyright Division, 2017–2021

HOD Resolution Committee, Member, 2019–2021

Nominating Committee, Member, 2017–18

Copyright Division, Chair, 2016–2017; Vice Chair, 2015–16

Copyright & Social Media Committee, Chair, 2013–15; Vice Chair, 2012–13

Specialized IP Issues Division, Secretary, 2011–12

American Law Institute

Restatement of the Law, Copyright Project, IPO Liaison, 2018–present

Columbia Law School’s Kernochan Center for Law, Media and the Arts

Board of Advisors, Member, 2018–present

Copyright Society of the USA

Trustee, 2022–present

Website & Media Library Committee, Chair, 2022–present

New York Chapter Planning Committee, Member, 2015–present

Volunteer Award, 2022

Website Redesign Task Force, Co-Chair, 2020–2022

Media Library Committee, Chair, 2017–2020

Advisory Board, Member, 2017–2018

Intellectual Property Owners Association

Artificial Intelligence & New Emerging Technologies Committee, Vice Chair, 2022–2023

Amicus Brief Committee, Member 2023

Copyright & Related Rights Committee, Vice Chair, 2021

Copyright Law & Anti-Piracy Committee, Vice Chair, 2020

Software Related Inventions Committee, Vice Chair, 2018–2019; Member, 2016–2017

2019 IPO Annual Meeting Program Committee, Member, 2019

Software & Business Methods Committee, Member, 2013–15

International Trademark Association

Internet Committee (Public Policy Subcommittee), Subcommittee Chair, 2022–present

Online Counterfeiting Task Force, Member, 2020–2021

Internet Committee (Public Policy Subcommittee), Member, 2020–2021

Internet Committee (Social Media and Online Use Subcommittee), Member, 2018–2019

Internet Committee (Geographic Terms and Internationalized Domain Name Issues Subcommittee), Member, 2016–2017

Second Circuit Judicial Conference

2022 Program Planning Committee, Artificial Intelligence Subcommittee Co-Chair, 2021–22 

Association of the Bar of the City of New York

Information Technology Law Committee, Member, 2009–10

National Conference of Commissioners on Uniform State Laws

Right of Publicity Study Committee, ABA Adviser, 2017–18

York Theatre Company

Board of Directors, Member, 2016–2018

Kirkland & Ellis Distinctions

Firmwide Diversity & Inclusion Committee
Member, 2019–present

Firmwide IP Training Advisory Committee
Member, 2018–present

New York Pride Professional Network
Coordinator, 2022–present

New York Advisory Group on IT
Member, 2015–present

New York Kirkland Pride Affinity Group
Coordinator, 2020–2022

New York Summer Program Committee
Member, 2019–2021

New York Mentoring Committee
Member, 2013–2021

New York Recruiting Committee
Member, 2015–2019

Pro Bono Service Award
Recipient, Each year 2010–18

ALLSA Diversity Initiative
Liaison to Columbia Law School Outlaws, 2011–17
Liaison to Yale Law School OutLaws, 2014–15

New York Associates Committee
Member, 2012–16

Diversity Fellowship
Recipient, 2009


Admissions & Qualifications

  • 2011New York


  • Supreme Court of the United States
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Central District of California (pro hac vice)
  • United States District Court for the Northern District of California (pro hac vice)
  • United States District Court for the District of Delaware (pro hac vice)
  • United States District Court for the Middle District of Florida (pro hac vice)
  • United States District Court for the Southern District of Florida (pro hac vice)
  • United States District Court for the Northern District of Illinois (pro hac vice)
  • United States District Court for the Southern District of Illinois (pro hac vice)
  • United States District Court for the District of Massachusetts (pro hac vice)
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Northern District of Ohio (pro hac vice)
  • United States District Court for the District of Maryland (pro hac vice)
  • United States District Court for the District of New Jersey (pro hac vice)
  • United States District Court for the Eastern District of Pennsylvania (pro hac vice)
  • United States District Court for the Eastern District of Texas (pro hac vice)
  • United States District Court for the Western District of Texas (pro hac vice)


  • Columbia Law SchoolJ.D.2010

    Carroll G. Harper Prize (achievement in intellectual property)

    Harlan Fiske Stone Scholar

    Executive Editor, Columbia Business Law Review

  • Brandeis UniversityB.A., Politics; Computer Science Minor2006

Press Coverage

Thomson Reuters Pushes For Wins In IP Suit Against ROSS, Law360 (Feb. 24, 2023)

Dow Chemical Wants Out Of Tech Firm's Trade Secrets Spat, Law360 (Jan. 13, 2023)

Judge Shrinks J&J's Potential Damages Recovery In IP Row, Law360 (Dec. 6, 2022)

Epic Shakes Choreographer’s Fortnite Dance Copyright Row, Law360 (Aug. 26, 2022)

Epic Moves To Ax Fortnite Dance Copyright Suit, Law360, May 31, 2022

Chinese game copies ‘League of Legends’ characters, art, suit says, Daily Journal, May 10, 2022

Riot Games lawsuit says ByteDance unit ripped off 'League of Legends‘, Reuters, May 9, 2022

Zoom Meetings or Not, Epic Games Doesn’t Have an ‘Established Place of Business’ in Austin, Texas Lawyer, Mar. 23, 2022

Fortnite Maker Gets Patent Suit Nixed in WDTX, Law360, Mar. 23, 2022

Thaler Loses AI-Authorship Fight at U.S. Copyright Office, IPWatchdog, Feb. 23, 2022

Power Lawyers 2021: New York’s Top 20 Entertainment Attorneys, Hollywood Reporter, Dec. 3, 2021

USPTO Sanctions Spark Demand for Tough Line on Filing Farms, Managing IP, Sept. 27, 2021

Litigator of the Week Runners-Up and Shout Outs: Summer Is Here Edition, American Lawyer, June 25, 2021

Pride month: why intersectionality is key for LGBTQ lawyers, Managing IP, June 22, 2021

Live Chat Co. Wins $30M In Jury Trial Over Trade Secrets Theft, Law360, June 17, 2021

$85M In Punitive Damages Sought In Live Chat IP Jury Trial, Law360, June 15, 2021

Joshua Simmons ’10: An Intellectual Property Superhero, Columbia Law News, June 14, 2021

IP Forecast: Customer Service Secrets Row Heads To Jury, Law360, May 20, 2021

Law360’s 2021 Media & Entertainment Editorial Board, Law360, Apr. 28, 2021 

ROSS Can't Toss Suit That Claims It Stole Westlaw Content, Law360, Mar. 29, 2021

Westlaw Wants Monopoly Claims Booted From ROSS IP Fight, Law360, Mar. 26, 2021

TriZetto Says $855M Win In Trade Secrets Case Should Stand, Law360, Jan. 6, 2021

Encore! Encore! Here are the 2020 Litigators of the Week, Am. Lawyer, Dec. 23, 2020 

Syntel Hit With $855M Trade Secrets Verdict In Software Row, Law360, Oct. 28, 2020

Google v. Oracle at the Supreme Court: Copyrightability, Fair Use, and Standard of Review, CPIP, Oct. 15, 2020

Justices Wary Of 'Sky Falling' In Google-Oracle Software Case, Law360, Oct. 7, 2020

The Google-Oracle Copyright War, Explained, Law360, Oct. 6, 2020 

Thomson Reuters Pans Legal Startup's Bid To Ax IP Suit, Law360, Aug. 11, 2020

Google, Oracle Spar Over 7th Amendment At High Court, Law360, Aug. 7, 2020

Fortnite Game Developer Doesn’t Miss A Beat in “Running Man” Dance IP, Lawyers.com, July 22, 2020

Litigators of the Week: Kirkland Trio Dances Off With a Win in Video Game Copyright Suits, American Lawyer, June 5, 2020

Law360's Weekly Verdict: Legal Lions & Lambs, Law360, June 4, 2020

Fortnite Creator Beats 'Running Man' Dance IP Suit, Law360, May 29, 2020

The Rights To Your Own Body, Lawyers.com, May 8, 2020

Thomson Reuters Claims Legal Startup Stole Westlaw Content, Law360, May 6, 2020

Kirkland Wins Copyright Tiff Over NBA Player Tats, N.Y.L.J., Mar. 27, 2020

NBA 2K Beats Copyright Case Over LeBron's Tattoos, Law360, Mar. 26, 2020 

Motorola Lands $764M Judgment But Injunction Still In The Air, Law360, Mar. 6, 2020 

Motorola Rival Could See Global Ban After $764M Radio Trial, Law360, Feb. 21, 2020

Law360's Weekly Verdict: Legal Lions & Lambs, Law360, Feb. 20, 2020

Oracle Backed By 32 Amicus Briefs In Google Copyright War, Law360, Feb. 19, 2020 

Motorola Wins $764M In Radio Trade Secret Trial, Law360, Feb. 12, 2020 

Oracle Tells Justices Google Was 'Too Desperate To Innovate', Law360, Feb. 12, 2020

'Fortnite' Studio Sues Over Dance Infringement Threats, Law360, Dec. 9, 2019

Take-Two Wants WWE Game Tattoo IP Suit Paused, Law360, Nov. 21, 2019

Publishers Fight Audible's Bid To Nix Suit Over Text Captions, Law360, Sept. 23, 2019

Publishing Giants Sue Audible Over Text Captions, Law360, Aug. 23, 2019

Fortnite Creator Wants 'Running Man' Dance Suit Tossed, Law360, May 31, 2019

Grand Theft Auto Cheater Admits Infringement, Will Pay, Law360, Apr. 5, 2019

Battle erupts over rights to the stage version of 'To Kill a Mockingbird‘, Crain’s, Feb. 26, 2019

'Fortnite' Suit Dance Refused By Copyright Office, Law360, Feb. 14, 2019

'Fortnite' Hits Back In IP Suit: 'No One Can Own A Dance Step‘, Law360, Feb. 12, 2019

TVEyes, Fox News End Copyright Case With Settlement, Law360, Jan. 22, 2019

Oracle, Rimini Spar At High Court Over Copyright Costs, Law360, Jan. 14, 2019

Take-Two Sues After 'Red Dead' Threatened With TM Suit, Law360, Jan. 14, 2019

Feds OK’d To Argue In Oracle, Rimini Copyright Costs Row, Law360, Jan. 4, 2019

Alito Unrecuses Self From Oracle, Rimini Copyright Costs Row, Law360, Jan. 3, 2018

Ruling on dental photographs takes a bite out of copyright protections, ABA Journal, Dec. 2018

Fox News Tells Supreme Court to Reject TVEyes Petition, The Hollywood Reporter, Oct. 25, 2018

Take-Two Again Blasts IP Suit Over Tattoo In WWE Game, Law360, Oct. 24, 2018

Joshua Simmons Named “Rising Star” in Intellectual Property Law, Comic Book Legal Defense Fund, Sept. 4, 2018

ABA Urges High Court To Allow 'Speedier' Copyright Suits, Law360, Sept. 4, 2018

Google Vows Supreme Court Trip In Oracle Copyright Fight, Law360, Aug. 28, 2018

'Grand Theft Auto' Cheater Barred From Selling Cheats, Law360, Aug. 16, 2018

Rising Star: Kirkland’s Joshua Simmons, Law360, Aug. 15, 2018

Law360 Names Top Attorneys Under 40, Law360, July 29, 2018

WWE Wants Out Of Tattoo Artist's 'Vague' Copyright Suit, Law360, July 10, 2018

2nd Circ. Won't Rehear TVEyes Fair Use Case, Law360, May 15, 2018

Fed. Circ. Revives Oracle's Billion-Dollar Copyright Case Against Google, Law360, Mar. 27, 2018

We Asked 7 Lawyers to Untangle the Broadway Fight Over ‘To Kill a Mockingbird’, N.Y. Times, Mar. 23, 2018

Siding With Fox, 2nd Circ. Says TVEyes Is Not Fair Use, Law360, Feb. 27, 2018

NBA 2K Moves To Kill 'Troubling' Tattoo Copyright Suit, Law360, Aug. 10, 2017

Oracle Says Trial Judge 'Undermined' Google Copyright Case, Law360, Feb. 10, 2017

ABA-IPL Section Nominating Committee announces nominees for 2017-2018 ABA year, ABA-IPL eNews, December 2016

Episode 6A: Symposium – Viral Videos Panel, Fordham IPLJ Podcast, Oct. 25, 2016

IBM Sues Startup For Allegedly Stealing Software Code, Law360, Oct. 12, 2016

Fox News Doubles Down Against TVEyes in Fair Use Case, Law360, Sept. 2, 2016

Tattoo Co. Loses Some Damages Claims Over 'NBA 2K' Games, Law360, Aug. 2, 2016

Prof Urges 9th Circ. To Nix Ore. Immunity In Oracle IP Suit, Law360, July 19, 2016

TVEyes’ Service Is Unfair To Broadcasters, 2nd Circ. Told, Law360, June 28, 2016

CNN Says TVEyes More Like Meltwater Than Google Books, Law360, June 24, 2016

Media Giants Press 2nd Circ. To Shutter TVEyes, Law360, June 22, 2016

Fox News Says TVEyes Is 'Nothing Like Google Books,‘ Law360, June 17, 2016

'NBA 2K' Makers Say Tattoo Co. Not Entitled To Damages, Law360, May 31, 2016

'NBA 2K' Videogame Maker Fights Lawsuit Over Copyrighted Tattoos, The Hollywood Reporter, May 13, 2016

'NBA 2K' Makers Say In-Game Tattoos Predate IP Registration, Law360, Apr. 19, 2016

ITC Judge Spells Out 'Close' Converse Trademark Win, Law360, Dec. 21, 2015

Fox News, TVEyes Take Copyright Case to 2nd Circ., Law360, Dec. 1, 2015

Legal Department of the Year, Litigation: Oracle Corp., The Recorder, Nov. 11, 2015

TVEyes Judge Shuts Down Infringing Features, Law360, Nov. 9, 2015

Panelists Discuss Software Protection in Post-Alice, Post-Oracle World, IPO Daily News, Sept. 29, 2015

TVEyes Downloads Aren't Fair Use, Judge Says, Law360, Aug. 25, 2015

IPO Annual Meeting Addresses Patent and Copyright Protection for Software After Alice and Oracle, IPO Daily News, Aug. 18, 2015

High Court Won't Hear Google Appeal Over Oracle Copyrights, Law360, June 29, 2015

SG Tells High Court It Backs Oracle In IP Row With Google, Law360, May 26, 2015

#IPLSpring CLE Review: A Year in Review of Significant Social Media Related Cases, ABA-IPL Law Student Action Group, Apr, 24, 2015

UK Prosecution Spotlights Dangers For Manga Readers, Comic Book Legal Defense Fund, Oct. 29, 2014

Bath & Body, Summit Put A Stake In $300M 'Twilight' IP Row, Law360, Sept. 23, 2014

Fox News Hits TVEyes With Suit Over Copied Content, Law360, July 30, 2014

'Spider-Man' Producers End Copyright Battle With Taymor, Law360, Apr. 10, 2013

Oracle Court's Java Ruling Will Hurt Innovation: Microsoft, Law360, Feb. 20, 2013

Oracle Urges Fed. Circ. To Toss Google's Java Copyright Win, Law360, Feb. 12, 2013

2nd Circ. Affirms Toss Of 'Modern Family' Idea Theft Suit, Law360, Nov. 14, 2012

Julie Taymor, 'Spider-Man' Producers File Dueling Motions to Dismiss Lawsuits, The Hollywood Reporter, Mar. 22, 2012

Comic books, not law books, N.Y. Post, Mar. 22, 2012

'Spider-Man' Producers Strike Back At Ex-Director Taymor, Law360, Jan. 17, 2012

Don't Akanoc it if you… oh, never mind…, Likelihood of Confusion, Sept. 13, 2011

'Modern Family' Didn't Rip Off Writer's Pilot: Judge, Law360, July 18, 2011

California's Reader Privacy Act: A First Step in a New Direction, Tech. & Marketing L. Blog, May 2, 2011

Comics and Copyright, Entm't & Media L. Signal, Mar. 14, 2011

Supreme Court to Hear Case on Copyright vs. the First Amendment, Comic Book Legal Defense Fund, Mar. 14, 2011

US gov't data-laundering: using corporate databases to get around privacy..., Boing Boing, Jan. 25, 2010