Skip to main content

Advanced Copyright Law 2017: Current Issues


Speaker(s): Devereux Chatillon, Joshua L. Simmons, Karen R. Berry, Lateef Mtima, Lisa T. Simpson, Megan E. Bell, Nancy J. Mertzel
Recorded on: Mar. 16, 2017
PLI Program #: 186443

Devereux Chatillon is an experienced media and intellectual property attorney who specializes in the area of copyright and intellectual property rights counseling; licensing of digital and other content, strategic positioning and risk management; and prepublication advice. She works with large and small companies, including established firms and start-ups, to advise them on the use of every kind of content, from digital to audio-visual to traditional print. She also creates new templates for applications and content use across all platforms and provides general advice to clients in identifying and helping minimize legal risk.

Dev has spent many years at the highest levels of the corporate world, working at; Scholastic, Inc. (as Senior Vice President, Corporate Secretary & General Counsel); Sonnenschein Nath & Rosenthal LLP (now Dentons) (as Partner); Callaway Digital Arts, Inc., an Apple app developer  (as VP Business Development); The New Yorker (as Vice President & General Counsel); and ABC (as Senior General Attorney).

Educated at New York University (JD, Law), where she served on the NYU Law Review, and Harvard University (AB, American History), Dev lives and practices in New York City. She is a Adjunct Instructor in the Masters Program in Publishing at the NYU School of Professional Studies. Dev is member of the Board of Trustees of the Practicing Law Institute, where she serves as Co-Chair of the Pro Bono Committee and is a member of the Copyright & Literary Property Committee of the New York City Bar Association.

Specialties: Licensing, Intellectual Property, Copyright Law, Data Privacy, Digital Media, General Counsel


Karen R. Berry is counsel at Patterson Belknap Webb & Tyler LLP and is active in the firm’s general transactional IP practice as well as its practice groups for media, entertainment, and sports law, art and museum law, and privacy and data security.   Karen has represented a wide range of clients, including international apparel companies, an international conservation organization, major media organizations, publishers, authors, entertainers,  museums and cultural organizations, private foundations, publicly-supported organizations, professional trade organization, a sports-related organization, scientific research organizations, and internet companies.

Karen served as executive director of the tax-exempt public charity, The Sisterhood Is Global Institute, an international women’s rights think tank, and  as executive director of the tax-exempt private foundation, The Emily Davie and Joseph S. Kornfeld Foundation, which supports palliative care, bioethics, medical research and education.  Karen is a graduate of New York University Law School and a member of The Copyright Society; Association of the Bar of the City of New York; New York State Bar Association; NACUA (National Association of College and University Attorneys); AUTM (Association of University Technology Managers); and has spoken on copyright and other intellectual property issues concerning for-profit and not-for-profit organizations.


Lateef Mtima is a Professor of Law at the Howard University School of Law. After graduating with honors from Amherst College, Professor Mtima received his J.D. degree from Harvard Law School, where he was the co-founder and later editor-in-chief of the Harvard BlackLetter Journal. He is admitted to the New York and Pennsylvania bars and has practiced intellectual property, bankruptcy, and commercial law, including a decade in private practice with the international law firm of Coudert Brothers. Currently a member of the Advisory Council for the United States Court of Federal Claims and the BNA Patent, Trademark & Copyright Journal Advisory Board, Professor Mtima has held the post of Distinguished Libra Visiting Scholar in Residence at the University of Maine School of Law, is a past President of the Giles S. Rich Inn of Court for the United States Court of Appeals for the Federal Circuit, and was a member of the founding Editorial Board for the American Bar Association intellectual property periodical Landslide. Professor Mtima is the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited Non-governmental Organization Member of the World Intellectual Property Organization (WIPO).


Megan Bell is an associate in the Tax-Exempt Organizations department of Patterson Belknap Webb & Tyler LLP.  Ms. Bell advises public charities (including donor-advised fund sponsors and supporting organizations), private foundations, social welfare organizations, and other tax-exempt entities on tax compliance and general corporate matters.  She also assists organizations with formation and restructuring, corporate governance and policies, charitable giving and solicitation, unrelated business activities, international grant-making, joint ventures, lobbying, and political campaign activities.  Ms. Bell also has represented a variety of tax-exempt organizations in connection with Attorney General inquiries and Internal Revenue Service audits.

Ms. Bell speaks at conferences for and about non-profit organizations on a range of topics.  Most recently, Ms. Bell has spoken about audit preparedness, international disaster relief efforts, and compensation matters.  She is also active in professional and community activities, serving on the ABA Tax Section’s Committee on Tax Exempt Organizations and as a member of the New York City Bar Association’s Committee on Nonprofit Organizations.  Megan is also a director of The New Press and Alaska Geographic. 

Ms. Bell received her J.D. from Northwestern University School of Law and her L.L.M. in Taxation from New York University School of Law.  Ms. Bell clerked for Judge Richard C. Tallman of the Ninth Circuit Court of Appeals in 2004-2005 and, prior to joining the firm, she practiced tax law at a New York-based law firm.


Nancy Mertzel has more than 25 years of experience protecting brand names, products, content and technology.

She has litigated numerous copyright, trademark, trade dress, unfair competition and trade secret disputes. She has an affinity for matters involving source code and technology, and has successfully handled cutting edge cases involving the scope of copyright protection in source code and data.  For example, she successfully defended a claim of copyright in numbers in BanxCorp v. Costco Wholesale Corp., 978 F.Supp.2d 280 (2013).  She also handles trademark infringement cases, disputes between developers and licensees, trade secret cases involving software, entertainment industry disputes, Trademark Trial and Appeal Board disputes, and recovery of domain names.

On the transactional side, Nancy handles trademark clearance, prosecution and portfolio management, and drafts a wide variety of agreements including copyright and trademark licenses, software licenses and software development agreements and end user license agreements. She also advises clients on copyright issues including the scope of protection in data, fair use and infringement.

Nancy is an active member of the bar and a frequent speaker and author.   She recently completed a term as a board member of the American Intellectual Property Law Association (AIPLA) and has served as an officer of the Copyright Society of the USA. 

As part of her bar work for AIPLA, on February 26, 2015, Nancy testified before the House Judiciary Committee at a hearing on “The U.S. Copyright Office: Its Functions and Resources.”  Nancy also wrote AIPLA’s U.S. Supreme Court amicus curiae briefs in Petrella v. Metro-Goldwyn-Mayer, which involved laches in copyright infringement cases, SCA Hygiene Products A.G. v. First Quality Baby Products, LLC, which involved laches in patent cases, and B&B Hardware, Inc. v. Hargis Industries, Inc., which involved the preclusive effect of decisions by the Trademark Trial and Appeal Board on subsequent litigation.

In 2016 and 2017, World Trademark Review named Nancy a leading lawyer for enforcement and litigation, calling her a “well-spoken and zealous advocate” who “handles the whole nine yards of brand development and enforcement.”  Since 2009, Nancy has been named one of Thompson Reuters' New York Super Lawyers for Intellectual Property Litigation, as well as one of the publication's top 50 NY women attorneys (2013-2017).

Nancy is a graduate of American University’s Washington College of Law (J.D.) and the University of Rochester (B.A.)


Orrick Partner Lisa T. Simpson represents retail, entertainment, technology and pharmaceutical companies in intellectual property matters, focusing on copyright, trademark, false advertising, right of publicity and licensing disputes.

Representative Engagements

Oracle America, Inc.  Lisa represented Oracle in its recent copyright fair use jury trial against Google over the use of Oracle's Java source code in Google's Android operating system.

Coorstek Medical LLC.  Lisa served as trial counsel, securing judgment in favor of Coorstek, in this trial concerning trade dress rights in the color pink for ceramic hip ball replacements.

Kirtsaeng v. John Wiley & Sons, Inc. Lisa obtained a victory in the U.S. Supreme Court on behalf of Petitioner Kirtsaeng concerning the application of the Copyright Act's first sale doctrine to foreign-manufactured goods.

DISH Network, LLC.  Lisa represented DISH in its highly publicized copyright and breach of contract disputes with FOX, NBC, ABC and CBS in NY and California concerning DISH's Hopper DVR. She defeated Fox’s and ABC’s three separate motions for a preliminary injunction on DISH's PrimeTime Anytime, AutoHop and Sling features. Lisa and the DISH team also defeated Fox’s two separate appeals in the Ninth Circuit and obtained a favorable summary judgment decision which considered Aereo as it relates to DISH’s Sling feature.

MGA Entertainment, Inc. Lisa represented MGA in its Ninth Circuit appeal regarding its copyright and trade secret dispute with Mattel over the Bratz dolls, obtaining a complete reversal of the District Court's order in MGA's favor. On retrial to a California District jury, Lisa and the team obtained a complete victory for MGA. The jury held that MGA owned the Bratz dolls and Mattel was liable to MGA for $309m on its counterclaims.

Honors

  • IP Department of the Year 2016, American Lawyer
  • IP Group of the Year, Law360, 2014, 2016
  • "Top 250 Women in IP," Managing Intellectual Property, 2014
  • "Future Star," Benchmark Litigation,2015-2016
  • List of Top Women Attorneys in the NY Metro Area, New York Times Magazine, 2012-2016
  • "IP Star," Managing Intellectual Property, 2014
  • U.S. Copyright Firm of the Year 2014, Managing Intellectual Property
  • Named as New York Super Lawyer - Metro, 2012-2016
  • Editor, Duke Journal of Law & Contemporary Problems
  • Member, Moot Court Board, Duke Law School

Education


Recognized as a “Next Generation Lawyer” (Legal 500), Joshua Simmons focuses his practice on intellectual property litigation and counseling, as well as regulatory and legislative policy.  This “Top Attorney” (Law360) litigates copyright, patent, 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, computer and Internet fraud, false advertising, publicity right, privacy, and social media issues.

Josh routinely is recognized for his appellate and trial court representations in intellectual property, media, and entertainment cases.  Law360 named Josh a “Rising Star” for his media and entertainment matters.  The Legal 500 recognized Josh for his copyright, trademark litigation, trade secrets, and media and entertainment practices.  Super Lawyers repeatedly has named Josh a “Rising Star” for his intellectual property litigation practice.  And Josh was part of the Kirkland team Managing Intellectual Property magazine honored for its work on “Milestone Case of the Year” Oracle America v. Google.

Josh’s high-profile matters involve computer software and services, consumer and leisure products, financial services, health care and pharmaceuticals, media and entertainment—such as electronic games, film, news, publishing, sports, television and theatre—and telecom.  They have been featured in the mainstream media, legal periodicals, and trade press.

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 and the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and others in IP-related matters.

He received a J.D. from Columbia Law School, where he was awarded the Carroll G. Harper Prize for achievement in intellectual property, and a B.A. from Brandeis University.