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Intellectual Property Rights Enforcement 2021

Speaker(s): Angelo E.P. Mazza, Brian W. Brokate, Brian Weinhaus, Bruce W. Baber, Cheryl Wang, Emil J. Ali, Erez Liebermann, Kathleen E. McCarthy, Keara M. Gordon, Lesley Fair, Yoo-Sun Park
Recorded on: Jan. 7, 2021
PLI Program #: 306473

Bruce W. Baber is a senior partner and founding member of King & Spalding’s global Intellectual Property Practice. Mr. Baber is active in all aspects of the firm’s IP practice, with an emphasis on litigation and other contested matters.

Mr. Baber participates actively in both jury and bench trials of patent, trademark, trade dress and copyright infringement litigation matters, as well as adversarial patent, trademark and false advertising proceedings before the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus. Since he began practice in 1979, Mr. Baber has represented many global and nationally-known companies in dozens of patent infringement, copyright infringement and trademark infringement, dilution and counterfeiting matters, as well as in a wide variety of false advertising disputes. 

Mr. Baber has substantial experience in the protection of trademarks, copyrights and other forms of intellectual property, the prosecution of applications for registration of such properties, and the development and implementation of worldwide protection strategies. He has been involved in numerous major licensing and other intellectual property related corporate transactions, joint venture agreements and marketing agreements.

Angelo Mazza counsels clients in developing brand protection and enforcement strategies, and works extensively with law enforcement on intellectual property-related crimes. He has trained over 60,000 law enforcement officials including U.S. Customs and Border Protection, Immigration and Customs Enforcement, the FBI and local enforcement agencies throughout the country.

Angelo is at the forefront of anti-counterfeiting issues, an issue impacting every brand, and has an awareness of global industry trends. He develops an understanding of his clients’ business goals and creates comprehensive solutions to address current anti-counterfeiting issues and prepare them for future challenges.

He has developed a niche focus on internet matters and manages the firm’s Internet Enforcement Program, working with associates, brand protection specialists and researchers to monitor counterfeit activity including online marketplaces and sites, social media platforms and other emerging technologies.  He also handles UDRP proceedings and traditional domain name disputes.

Angelo interacts regularly with U.S. Customs and Border Protection and actively participates in U.S. Chamber of Commerce efforts to implement policy changes and best practices.

For 30 years, Angelo has provided training sessions for law enforcement at the federal, state and local levels through the International AntiCounterfeiting Coalition (IACCC).  As the current Director of U.S. Training, he is the driving force behind the IACC’s online and app based educational materials to assist law enforcement in fighting intellectual property crimes.

Brian Brokate is the head of Gibney, Anthony & Flaherty’s Intellectual Property Practice Group. He assists brand owners in securing and protecting their intellectual property in the United States and abroad. Working closely with his clients over many years, he has developed their comprehensive intellectual property protection strategies to support their growth from emerging businesses to leading global brands.

Mr. Brokate has extensive experience in enforcement procedures to combat trademark and copyright infringement. He manages all stages of civil anti-counterfeiting and infringement litigation as well as providing support to state and federal criminal actions.

Mr. Brokate serves on the board of several industry organizations including being involved in various with the International Trademark Association (INTA) and the Intercontinental Grouping of Accountants and Lawyers (IGAL).

As a recognized industry leader, Mr. Brokate is frequently quoted on trends in intellectual property law. He is a speaker and author for PLI and other educational forums, focusing on intellectual property rights and enforcement. 

Brian Weinhaus is a Unit Chief at the Homeland Security Investigations (HSI) led National Intellectual Property Rights Coordination Center (IPRC) where he oversees the Intellectual Property and Intelligence Sections. His unit provide leads, oversight, and expertise on all the national intellectual property (IP) investigative operations which includes sectors such as automotive and heavy industry; pharmaceuticals; health and beauty products; consumer electronics; clothing and sports merchandise; digital piracy; tobacco; and government and DOD supply chain security.  Brian comes to the IPRC with over 25 years of law enforcement experience with previous positions within HSI to include group supervisor, operations manager, special response team tactical supervisor, program manager, and criminal investigator.

Cheryl Wang has been in-house counsel at David Yurman since 2014.  As the sole intellectual property and brand enforcement counsel at the company, she is responsible for managing all of the company’s copyrights, trademarks, and patents worldwide, which includes liaising frequently with outside and/or foreign counsel but with much more involvement in the drafting and filing process in the United States.

While her main practice area is intellectual property, her responsibilities cover a wide range of practices, including litigation and compliance. Cheryl has been a panelist at events such as Managing IP conferences and the inaugural NYC Luxury Law Summit. She has spoken regarding intellectual property, brand enforcement, fashion law, and women in IP law.

She is on the board of the New York Intellectual Property Law Association and a member of the International Trademark Association’s Anti-Counterfeiting Committee.

Emil J. Ali is a founding partner at McCabe & Ali, LLP where he advises lawyers and law firms to limit, defend, and deflect liability in regulatory and professional conduct investigations and enforcement actions before various state bars, as well as the USPTO’s Office of Enrollment and Discipline. As a registered patent attorney, Emil is regularly called upon to provide ethics counsel to IP practitioners regarding lateral movements, complex conflicts resolutions, and best practices to avoid ethics and malpractice issues.

Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising. She was a litigator with the FTC’s Division of Advertising Practices for more than 20 years and now specializes in industry education as the agency’s business blogger, Lesley is among the few attorneys to have received the FTC’s Robert Pitofsky Lifetime Achievement Award. 

She is the author of FTC Regulation of Advertising in Food and Drug Law and Regulation (3d ed. 2015) and The FTC & Social Media in Social Media and FDA: The Essential Guide (2010). From 2000 to 2015, Lesley served as Vice-Chair of the American Bar Association’s Consumer Protection Committee. 

On the faculty of the Catholic University School of Law since 1984, Lesley holds the title of Distinguished Lecturer. She also teaches Consumer Protection Law at The George Washington University Law School. 

Lesley graduated from the University of Notre Dame and received a J.D. from the University of Texas School of Law. She clerked for United States District Judge Fred Shannon and served as staff counsel to the United States Court of Appeals for the Fifth Circuit in New Orleans.

Yoo-Sun is Senior Managing Counsel at The Coca-Cola Company where she manages the Atlanta-based trademark and design teams responsible for protecting some of the world’s most famous brands, covering issues such as brand guidelines, enforcement, clearance, licensing, prosecution and maintenance. Prior to joining the company in 2008, Yoo-Sun was an intellectual property associate at King & Spalding in Houston.  Yoo-Sun received her JD from the University of Houston Law Center.  Yoo-Sun lives in Atlanta with her husband and two sons.

Erez is Prudential’s chief counsel on cybersecurity and privacy matters.  He leads a team on a wide range of cybersecurity and privacy legal, policy and investigative matters.  Erez serves as primary counsel to the Chief Information Security Officer, Chief Privacy Officer, and IT Risk on information security and privacy matters.  In this role, Erez also oversees the High Tech Investigations Unit. Together with the Information Security Office and IT Risk, Erez works closely to review the enterprise’s cybersecurity program and update executive management on the enterprise’s program.  Erez also serves as a point of contact to regulators and law enforcement on cyber security matters and provides updates to the enterprise on the regulatory and threat landscape.  Since joining Prudential in 2014, Erez has also worked on response planning for a cybersecurity and privacy incidents including technical and business oriented tabletop exercises.  Through his work with the High Tech Investigations Unit, Erez oversees investigations into cyber incident response, cyber crimes, privacy breaches, and intellectual property theft, as well as E-Discovery production and computer forensics.

Erez previously led Prudential’s Corporate Investigations Division (CID), which consists of attorneys and investigators responsible for investigations relating to internal and external fraud, regulatory matters, employee misconduct, and sales practice.

Prior to joining Prudential Financial in February 2014, Erez spent 10 years as a federal prosecutor.  He served as Deputy Chief of the Criminal Division at the U.S. Attorney’s Office, District of New Jersey, and Chief of the Computer Hacking and Intellectual Property Section. Additionally, Erez oversaw the white collar units, including Economic Crimes, National Security, Healthcare and Money Laundering. He was the lead prosecutor on numerous cyber, securities, and fraud matters, including United States v. Drinkman, the largest credit card data breach investigation and prosecution to date, involving the theft of over 160,000,000 credit and debit card numbers.  Albert Gonzalez was sentenced to 20 years imprisonment for his role in the conspiracy.

Erez is the recipient of numuerous awards, including the Attorney General’s Award for Distinguished Service, numerous letters of recognition from the Director of the Federal Bureau of Investigations, and Prosecutor of the Year Award by the Federal Law Enforcement Foundation.

Erez is a frequent lecturer on cybercrime, privacy, and fraud.  He previously taught Cybercrime Law at Rutgers University School of Law.

He graduated from the University of Virginia with a degree in Aerospace Engineering.  He received his law degree from Columbia University Law School.

Katie McCarthy is a partner in the New York office of King & Spalding’s IP practice group with more than 30 years of experience in trademark, design, internet, advertising and copyright matters.  Katie graduated from Columbia University School of Law and secured her bachelor’s in psychology from The College of the Holy Cross.

Katie advises clients on global IP, advertising and platform liability issues and litigates cases in the federal courts and the U.S. Patent and Trademark Office Trademark Trial and Appeal Board. 

Katie is actively involved with the New York Intellectual Property Law Association (NYIPLA), having just finished several years on the Board and a term as President. 

Katie also recently finished a two-year term as the Editor-In-Chief of the International Trademark Association’s scholarly journal The Trademark Reporter, having written, solicited and edited articles for the journal for more than 20 years.  Her article on trademark parodies, “Free Ride or Free Speech: Predicting Results and providing Advice for Trademark Disputes involving Parody,” was published in The Trademark Reporter in 2019 and won INTA’s 2020 Ladas Memorial Award in the Professional Category.

Katie speaks frequently for the NYIPLA, INTA and PLI, and serves as the new editor for the PLI one volume treatise, Kane on Trademark Law.  Katie also actively promotes diversity in the profession through her involvement in King & Spalding’s Women in IP and Technology initiatives and her mentorship of young lawyers and law students through various programs including the Leadership Council on Legal Diversity.

Katie lives in Astoria, New York with her husband and two sons.

Keara Gordon's practice includes the defense of class actions across a variety of substantive areas, including consumer, securities, privacy, and insurance litigation in a myriad of industries; financial and corporate litigation and counseling; corporate governance litigation; and internal investigations. She has been involved in appeals to the Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, and Eleventh Circuits, and the appellate courts of New York, DC, Delaware, and Maryland.

Keara's current or recent engagements include:

  • Won a complete defense verdict after a 61-day trial where the plaintiffs initially sought US$80 million; won counterclaims including defeating the plaintiffs' attempt to stop a redevelopment of the South Street Seaport, and the Court awarded our client US$11.4 million in attorneys' fees, disbursements, and prejudgement interest (Andejo v. South Street Seaport LP et al. New York State Supreme);
  • Won dismissals on motions to dismiss, including: Kamal v. J. Crew, (D. N.J. Sept. 10, 2019), (D. N.J. June 6, 2017), and (D. N.J. Oct. 20, 2016), aff'd, — F.3d –, 2019 WL 1087350 (3d Cir. Mar. 8, 2019); Skillett v. Citizens Parking Shareholders GP, LLC, (N.Y. Sup. 2019); Parker v. J. Crew, (Circuit Court Cook County, Ill. 2018); Jacobson v. Peter Piper Inc., (D. Ariz. 2018); Russell Spitzer v. Icon Parking Systems, LLC and Stankus v. Quik Park Management LLC et al, (N.Y. Sup. 2017) (plaintiffs gave up after we filed our motions to dismiss); Snyder v. Acorn et. al., 684 Fed. Appx. 710 (10th Cir. 2017); Schutz v. Hudson News Distributors LLC, 2015 WL 6087595 (N.Y. Sup. Oct. 16, 2015); U.S. ex rel. Fox v. Dr. Reddy'' Inc., 2014 WL 6750786 (S.D.N.Y. Dec. 1, 2014); In re GLG Securities Litigation, 2014 WL 464762, Fed. Sec. L. Rep. P 97,809 (S.D.N.Y. Feb. 3, 2014); U.S. ex rel. Casady v. Am. Int'l Grp., 2013 WL 1702777 (S.D. Cal. Apr. 19, 2013) (dismissing First Amended Complaint); U.S. ex. rel. Casady v. Am. Int'l Grp., 2014 WL 1286552 (S.D. Cal. Mar. 29, 2014) (dismissing Second Amended Complaint), aff'd, 639 Fed. Appx. 489 (9th Cir. 2016); Footbridge Limited Trust v. Countrywide Financial Corp., 770 F. Supp. 2d 618 (S.D.N.Y. 2011); SRM Global Fund L.P. v. Countrywide Financial Corp, et al., 2010 WL 2473595 (S.D.N.Y. June 17, 2010), aff'd, 448 Fed. Appx. 116 (2nd Cir. 2011); Kinlay v. Henley (N.Y. Sup. 2006); Elliott Associates L.P. et al. v. Hayes, 14 A.D.3d 435, 787 N.Y.S.2d 872 (N.Y. App. Div. 2005); In re AEGON N.V. Securities Litig., 2004 WL 1415973 (S.D.N.Y. June 23, 2004); GLB Forest v. Hight et. al., (S.D.N.Y. 2004) (plaintiffs voluntarily dismissed case after filing of motion to dismiss);
  • Won pre-emptive motion to deny class certification, which the Second Circuit affirmed, Spagnola v. Chubb Corp., 264 F.R.D. 76 (S.D.N.Y. 2010), aff'd, 531 F. Appx. 93 (2d Cir. 2013);
  • Won summary judgement motions, including: Whitaker v. Appriss, 2017 WL 3065174 (N.D. Ind. July 18, 2017) (putative class action alleging violations of federal privacy litigation, the Driver's Privacy Protection Act); Residential Holdings III LLC v. Archstone–Smith Operating Trust, 2011 WL 1364244, *3 (N.Y. App. Div. April 12, 2011) (litigation arising from a $1.2 billion real estate transaction); Virginia Academy of Clinical Psychologists v. Group Hospitalization and Medical Services, Inc. D/B/A Blue Cross/Blue Shield of the National Capital Area, 878 A.2d 1226 (D.C. 2005) (test case by the VACP; affirming summary judgment dismissal of fraud claim);
  • Won appeals, including: Kamal v. J. Crew, 2017 WL 2443062 (D. N.J. June 6, 2017) and 2016 WL 6133827 (D. N.J. Oct. 20, 2016), aff'd, — F.3d –, 2019 WL 1087350 (3d Cir. Mar. 8, 2019); U.S. ex. rel. Casady v. Am. Int'l Grp., 2014 WL 1286552 (S.D. Cal. Mar. 29, 2014) (dismissing Second Amended Complaint), aff'd, 639 Fed. Appx. 489 (9th Cir. 2016); SRM Global Fund L.P. v. Countrywide Financial Corp, et al., 2010 WL 2473595 (S.D.N.Y. June 17, 2010), aff'd, 448 Fed. Appx. 116 (2nd Cir. 2011); Spagnola v. Chubb Corp., 264 F.R.D. 76 (S.D.N.Y. 2010), aff'd, 531 F. Appx. 93 (2d Cir. 2013); Residential Holdings III LLC v. Archstone–Smith Operating Trust, 2011 WL 1364244, *3 (N.Y. App. Div. April 12, 2011); Andejo v. South Street Seaport LP et al., 2007 NY Slip Op 04231 [40 AD3d 407] (N.Y. App. Div. 2007);
  • Secured favorable settlements, including: Dover v. British Airways, (E.D.N.Y. 2018); Cody v. SoulCycle, Inc. (C.D. Cal. 2017); Cavka v. SoulCycle (C. D. Cal. 2018); Plycos, LLC, et al. v. Tang et al. (L.A. Superior Court) and Chen v. Spokeo, Inc. (AAA Arbitration) (2016); In re Nu Horizons Shareholders Litig., (N.Y. Sup. 2011); Held v. AAA Southern New England (D. Ct. 2013); CoKinetics v. DB Capital (N.Y. Sup. 2006); Fresco v. Automotive Directions Inc., et. al., (S.D. Fla. 2009);
  • Represented companies, audit committees and officers and directors in connection with internal investigations in a variety of substantive areas including accounting irregularities, potential OFAC violations, potential theft by company officers, "tone at the top" issues, and in connection with disclosures to the Securities and Exchange Commission, the Department of Treasury, and the Department of Defense; and
  • Pro bono, as amicus counsel for Child Justice, Inc., advocated that children who are exposed to domestic violence be included in protection orders, even in instances when the child is not physically present for the violent event. The Washington State Supreme Court modified the protection order. Rodriguez v. Zavala.

Keara is a member of the firm-wide Executive Committee, the Chair of the Partner Nominating Committee, co-chair of the Class Action Litigation Practice Group, and on the Steering Committee for DLA Piper's National Leadership Alliance for Women (LAW). Keara served on the board of directors of MAC Angels, a non-profit corporation that helps families coping with ALS, and coaches her daughter's mock trial team at the Ursuline School, which in their first year of competition won first place in the 2017 Thurgood Marshall Junior Mock Trial Program.