Joshua L. Simmons

Overview
Joshua is a ‘tremendous asset’ who combines ‘elite legal acumen with a unique understanding of the process of creating entertainment.’ - World Trademark Review
Recognized as a “Next Generation Lawyer” (Legal 500), Joshua Simmons focuses his practice on appellate and trial court litigation and counseling, as well as regulatory and legislative policy. This “exceptional” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR) litigates copyright, patent, right of publicity, trademark, and trade secret cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes. He also advises on IP matters that intersect with antitrust, fraud, false advertising, privacy, and social media.
Josh routinely is recognized for his high-profile intellectual property, media, entertainment, and technology representations. Chambers and Partners ranked Josh for his copyright, trademark, and trade secret practices, describing his “notable expertise in advising entertainment and technology sector clients” and reporting 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.” World Trademark Review ranked him for trademark enforcement and litigation, with clients attesting to him being a “tremendous asset” who combines “elite legal acumen with a unique understanding of the process of creating entertainment.” Legal 500 recognized Josh for his copyright, trademark litigation, trade secrets, and media and entertainment practices. Best Lawyers in America selected Josh for his work in copyright law. Law360 and Super Lawyers named Josh a “Rising Star” in media and entertainment and intellectual property litigation, respectively. And Josh was part of the Kirkland team Managing Intellectual Property honored for “Milestone Case of the Year” Oracle v. Google.
In addition to maintaining a full-time litigation practice, Josh is a frequent speaker and has authored numerous articles on emerging trends in intellectual property. He also is an active member of the intellectual property bar:
- At the ABA Intellectual Property Law Section, he chairs its Copyright Law Reform Task Force, serves on its governing Council, and is a Council Liaison to its Copyright Division.
- He is Vice Chair of the Intellectual Property Owners Association’s Software Related Inventions Committee, and its liaison to the American Law Institute’s Restatement of the Law, Copyright project.
- He chairs the Copyright Society’s Media Library Committee.
- He is a member of the Board of Advisors to Columbia Law School’s Kernochan Center for Law, Media and the Arts.
Josh’s 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 others.
Experience
Representative Matters
For a list of matters by industry (including non-litigation enforcement, prosecution, and counseling matters), click here.
Copyright Litigation
Fox News Network, LLC v. TVEyes Inc. (S.D.N.Y./2d Cir./U.S. Supreme Court): Won summary judgment, obtained permanent injunction, and prevailed on appeal for Fox News in a copyright infringement action against a media monitoring service. The Second Circuit held that permitting users to view video clips of telecasts was not fair use and constituted volitional conduct leading to direct infringement liability.
Oracle Am., Inc. v. Google Inc. (Fed. Cir./U.S. Supreme Court): Obtained reversals in Oracle’s two highly publicized appeals of district court orders concerning the copyrightability and fair use of software. The first appellate decision determined that the elements of Oracle’s Java platform admittedly copied by Google to create its Android operating system were copyrightable. The second determined that Google’s copying was not fair use as a matter of law.
Alexander v. Murdoch (S.D.N.Y./2d Cir.): Obtained dismissal and won appeal for Fox Entertainment Group, along with other defendants, in a lawsuit alleging that Fox’s Modern Family television series infringes the plaintiff’s copyright in his treatment and proposed pilot script, as well as other state law rights.
Take-Two Interactive Software, Inc. v. Mod Menu Creators (S.D.N.Y.): Obtained preliminary and permanent injunctions, defeated motions to dismiss, and secured maximum statutory damages, and attorney’s fees in series of copyright, breach of contract, and tortious interference lawsuits involving computer programs that alter Take-Two’s Grand Theft Auto V video game, allowing users to cheat and perform unauthorized actions.
IBM Corp. v. Teraproc Inc. (S.D.N.Y.): Secured permanent injunction for IBM in a copyright, trade secret, and business tort lawsuit concerning the copying by IBM’s former employees of proprietary source code for a high-performance computing program into an open sourced project without IBM’s authorization.
Bitetto v. Rometty (N.D.N.Y.): Obtained dismissal for IBM’s CEO in a copyright and unfair competition action alleging infringement of a book describing a brain-inspired microchip.
Wolstenholme v. Hirst (S.D.N.Y.): Obtained dismissal for prominent artist Damien Hirst and Other Criteria (US), LLC in a copyright infringement, trade dress infringement, and unfair competition lawsuit concerning pharmaceutical pill-inspired jewelry created by Mr. Hirst.
Tetris Holding, LLC v. Xio Interactive Inc. (D.N.J.): Won summary judgment for the makers of the world-famous “Tetris” electronic game in a copyright and trade dress lawsuit against an infringing game maker.
Fairey v. Associated Press (S.D.N.Y.): Won summary judgment for the AP on the issue of fair use in a declaratory judgment suit brought by Shepard Fairey, in which the AP asserted copyright infringement claims, among others, arising out of his unauthorized use of the AP's photo of President Obama to create a poster and commercial merchandise.
Individuals v. Epic Games, Inc. and Take-Two Interactive Software, Inc. (C.D. Cal./D. Md./E.D. Pa.): Defending Epic Games and Take-Two in lawsuits asserting that their video games Fortnite and NBA 2K, respectively, violate the plaintiffs’ copyright, publicity, trademark, and unfair competition rights to dance steps. After Epic and Take-Two moved to dismiss the eight initial lawsuits, each of the lawsuits was voluntarily dismissed.
Hayden v. 2K Games, Inc. (N.D. Ohio): Defending 2K Games and Take-Two Interactive Software Inc. in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on certain NBA players in their NBA 2K video game, including winning a motion to dismiss the plaintiff’s claims for unjust enrichment and for a declaratory judgment that Take-Two should have credited the plaintiff for creating the tattoos.
Solid Oak Sketches, LLC v. 2K Games, Inc. (S.D.N.Y.): Defending 2K Games and Take-Two Interactive Software Inc. in a lawsuit alleging that they committed copyright infringement by accurately depicting the tattoos of three NBA players in their NBA 2K video game, including winning a motion to dismiss Solid Oak’s statutory damages and attorney’s fees claims and defeating Solid Oak’s motion to dismiss Take-Two’s counterclaims seeking declaratory judgments of de minimis and fair use, as well as fraud on the Copyright Office.
Oracle Am., Inc. v. Hewlett Packard Enters. Co. (9th Cir.): Representing Oracle in its appeal of an order concerning the unauthorized use of software patches for its enterprise operating system.
Chronicle Books, LLC v. Audible, Inc. (S.D.N.Y.): Representing seven members of the Association of American Publishers in a copyright infringement lawsuit seeking to enjoin Audible Captions, a service that provides audiobook consumers the entire, machine-generated text of literary works.
Motorola Solutions, Inc. v. Hytera Commc’ns Corp. (N.D. Ill.): Representing Motorola in a trade secret misappropriation and copyright infringement lawsuit involving Motorola’s digital radio systems technology and software.
Alexander v. Take-Two Interactive Software, Inc. (S.D. Ill.): Defending Take-Two, along with other defendants, in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on WWE wrestler Randy Orton in their WWE 2K video game.
Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. (S.D.N.Y.): Representing TriZetto and Cognizant Technology Solutions Corp. in a copyright, trade secret, unfair competition, and breach of contract litigation concerning healthcare software and related software consulting services.
Oracle USA, Inc. v. Rimini St., Inc. (U.S. Supreme Court): Represented Oracle regarding the meaning of the term “full costs” in the Copyright Act.
Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC (U.S. Supreme Court): Counsel for American Bar Association as amicus curiae concerning the meaning of the term “registration” in the Copyright Act.
Oracle Am., Inc. v. State of Oregon (9th Cir.): Represented Oracle in an appeal concerning Oregon’s unauthorized use of a health insurance exchange created by Oracle; the issues on appeal include the constitutionality of the Copyright Remedy Clarification Act, which abrogates state sovereign immunity for civil copyright infringement, and the effectiveness of a sovereign immunity waiver clause. A settlement was reached after Oracle filed its principal brief and received amicus support from several industry organizations and thought leaders.
de Becdelievre v. Anastasia Musical, LLC (S.D.N.Y.): Defended the Broadway musical Anastasia and Tony-winning playwright Terrence McNally in copyright lawsuit concerning a dissimilar play about the same historical subject matter.
Psychic Readers Network, Inc. v. Take-Two Interactive Software, Inc. (S.D. Fla.): Defended Take-Two in a copyright lawsuit asserting that Grand Theft Auto: Vice City video game infringed PRN’s infomercials for psychic services.
popham design, SARL v. F. Schumacher & Co. (D. Mass.): Lead counsel for Schumacher and Mary McDonald, Inc. in a copyright infringement lawsuit concerning cement tile and textile designs.
Advice Interactive Grp., LLC v. Web.com Grp., Inc. (M.D. Fla.): Defended Web.com in a copyright, trade secret, unfair competition, and breach of contract lawsuit concerning web-based analytics software.
Cisco Systems, Inc. v. Arista Networks, Inc. (N.D. Cal./I.T.C.): Represented Cisco in a multiforum copyright and patent infringement litigation concerning Arista’s use and copying of Cisco’s proprietary command line technology.
A.M. Best Co. v. SNL Financial LLC (D.N.J.): Represented A.M. Best in a copyright infringement and breach of contract action concerning SNL’s copying and distribution of A.M. Best’s ratings as part of its online database product.
Taymor v. 8 Legged Productions, LLC (S.D.N.Y.): Defended the producer of the Broadway musical Spider-Man: Turn Off the Dark against copyright, breach of contract and other claims brought by the show’s former director, Julie Taymor.
Cengage Learning, Inc. Bankruptcy (Bankr. E.D.N.Y.): Advised Cengage Learning on copyright issues related to its Chapter 11 bankruptcy.
Patent Litigation
Epic IP LLC v. Sharp Electronics Corp. (S.D.N.Y.): Defended Sharp in a patent infringement litigation concerning web chat technology by moving to dismiss on the basis that Epic’s patent was directed to patent-ineligible subject matter. The patent was invalidated, and the case was dismissed.
IpLearn LLC v. K12 Inc. (D. Del.): Defended K12 and won multipatent infringement action involving computer-assisted learning technology, resulting in the parties stipulating to the dismissal of one patent as not infringed, and the other patent being held invalid on summary judgment because it was directed to unpatentable subject matter.
[24]7.ai, Inc. v. LivePerson, Inc. (N.D. Cal.): Representing LivePerson in a patent infringement lawsuit brought by 24/7, in which six patents were held invalid because they were directed to unpatentable subject matter.
Cisco Systems, Inc. v. Arista Networks, Inc. (N.D. Cal./I.T.C.): Represented Cisco in a multiforum copyright and patent infringement litigation concerning Arista’s use and copying of Cisco’s proprietary command line technology.
Ericsson Inc. v. Samsung Electronics Co. (E.D. Tex./I.T.C.): Represented Samsung in a multipatent, multiforum litigation—including back-to-back ITC trials—involving GSM, W-CDMA, LTE and 802.11 (Wi-Fi) wireless telecommunication standard essential patents, including claims concerning commitments to license on fair, reasonable and non-discriminatory (FRAND) terms and conditions.
JobDiva, Inc. v. Monster Worldwide, Inc. (S.D.N.Y.): Represented JobDiva in a multipatent infringement action involving resume search technology.
Trademark and Unfair Competition Litigation
Wolstenholme v. Hirst (S.D.N.Y.): Obtained dismissal for prominent artist Damien Hirst and Other Criteria (US), LLC in a copyright infringement, trade dress infringement, and unfair competition lawsuit concerning pharmaceutical pill-inspired jewelry created by Mr. Hirst.
Bath & Body Works Brand Mgmt., Inc. v. Summit Entm’t, LLC (S.D.N.Y.): Defended BBW against claims by the producer of The Twilight Saga film series that BBW’s Twilight Woods product line infringes Summit’s trademark rights, including defeating Summit’s motion for summary adjudication.
Tetris Holding, LLC v. Xio Interactive Inc. (D.N.J.): Won summary judgment for the makers of the world-famous “Tetris” electronic game in a copyright and trade dress lawsuit against an infringing game maker.
Humu, Inc. v. Hulu, LLC (N.D. Cal.): Defended Hulu in declaratory judgment trademark suit concerning whether the HUMU mark infringed and diluted the HULU trademark. The litigation was voluntarily dismissed.
Hage v. Shenzhen Xiaohuangfeng Trading Co. (T.T.A.B.): Achieved a sustained opposition and refusal of Shenzhen’s trademark application.
NES Rentals (W.I.P.O.): Obtained multiple transfer orders in domain name disputes under ICANN’s Uniform Domain Name Dispute Resolution Policy.
Individuals v. Epic Games, Inc. and Take-Two Interactive Software, Inc. (C.D. Cal./D. Md./E.D. Pa.): Defending Epic Games and Take-Two in lawsuits asserting that their video games Fortnite and NBA 2K, respectively, violate the plaintiffs’ copyright, publicity, trademark, and unfair competition rights to dance steps. After Epic and Take-Two moved to dismiss the eight initial lawsuits, each of the lawsuits was voluntarily dismissed.
Graham v. Take-Two Interactive Software, Inc. (S.D.N.Y.): Defending Take-Two in a trademark lawsuit concerning use of the RWTW acronym on a video game cover depicting LeBron James, with whom the acronym is associated.
Converse, Inc. v. Int’l Trade Commission (I.T.C./Fed. Cir.): Represented Converse in an administrative proceeding and subsequent appeal seeking to bar various defendants from importing into the United States footwear that infringes and dilutes Converse’s midsole trademark for its Chuck Taylor All Star shoes.
Express, LLC v. Forever 21, Inc. (9th Cir.): Negotiated dismissal of appeal and previously litigated district court case on behalf of Express.
Take-Two Interactive Software, Inc. v. Pinkerton Consulting & Investigations Inc. (S.D.N.Y.): Represented Take-Two and Rockstar Games, Inc. in a trademark case concerning whether their Red Dead Redemption II video game, set in the Wild West, was permitted by the First Amendment to make references to the historical Pinkerton detective agency and its agents’ activities in the 1800s.
Drybar Holdings LLC v. PetSmar Inc. (C.D. Cal.): Represented Drybar in a trademark and trade dress infringement lawsuit concerning an unauthorized pet-oriented brand extension of Drybar’s product line.
Car-Freshner Corp. v. DIRECTV, Inc. (N.D.N.Y.): Defended DIRECTV in a trademark infringement suit arising out of its use of a pine tree-shaped air freshener in a promotional campaign for its satellite service.
Trade Secrets Litigation
IBM Corp. v. Teraproc Inc. (S.D.N.Y.): Secured permanent injunction for IBM in a copyright, trade secret, and business tort lawsuit concerning the copying by IBM’s former employees of proprietary source code for a high-performance computing program into an open sourced project without IBM’s authorization.
LivePerson, Inc. v. [24]7.ai, Inc. (S.D.N.Y./N.D. Cal.): Representing LivePerson in a lawsuit concerning 24[7]’s misappropriation of LivePerson’s chat engagement rule, variable, and data trade secrets, including defeating [24]7’s summary judgment motion.
Motorola Solutions, Inc. v. Hytera Commc’ns Corp. (N.D. Ill.): Representing Motorola in a trade secret misappropriation and copyright infringement lawsuit involving Motorola’s digital radio systems technology and software.
Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. (S.D.N.Y.): Representing TriZetto and Cognizant Technology Solutions Corp. in a copyright, trade secret, unfair competition, and breach of contract litigation concerning healthcare software and related software consulting services.
Advice Interactive Grp., LLC v. Web.com Grp., Inc. (M.D. Fla.): Defended Web.com in a copyright, trade secret, unfair competition, and breach of contract lawsuit concerning web-based analytics software.
More
Thought Leadership
Book Chapters
Digital Millennium Copyright Act: 20 Years Later, in Intellectual Property Law in Cyberspace (3d ed., 2017; 3d ed. Supp. 2018)
Copyright, in Successful Partnering Between Inside & Outside Counsel (Robert L. Haig ed., 2016)
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, Forthcoming Colum. J.L. & Arts
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
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
Seminars
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)
Recognition
Intellectual Property: Trademark, Copyright & Trade Secrets – New York, “Up and Coming,” 2019
Law360Media & Entertainment “Rising Star,” 2018
Legal 500“Next Generation Lawyer,” 2017–19
Copyright, 2018
Media & Entertainment, 2017–19
Trademarks: Litigation, 2018–19
Trade Secrets, 2017–19
“Rising Star,” 2014–19
Intellectual Property Litigation, 2014–19
Enforcement & Litigation, 2019
American Bar FoundationFellow, 2017–present
Immigration EqualitySafe Haven Award, 2012, 2014
Memberships & Affiliations
American Bar Association, Intellectual Property Law Section
Council, Member and Liaison to Copyright Division, 2017–present
Copyright Law Reform Task Force, Chair, 2013–present
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
Media Library Committee, Chair, 2017–present
New York Chapter Planning Committee, Member, 2015–present
Advisory Board, Member, 2017–2018
Intellectual Property Owners Association
Software Related Inventions Committee, Vice Chair, 2018–present; Member, 2016–2017
2019 IPO Annual Meeting Program Committee, Member, 2019
Software & Business Methods Committee, Member, 2013–15
International Trademark Association
Internet Committee, Member, 2018–present; Member, 2016–17
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 Summer Program Committee
Member, 2019–present
New York Mentoring Committee
Member, 2013–present
New York Advisory Group on IT
Member, 2015–present
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
Credentials
Admissions & Qualifications
- 2011New York
Courts
- 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 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 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 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)
Education
- 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
'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