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Aereo: What Does the Supreme Court's Decision Mean for Other Internet Video and Cloud-Based Services?


Speaker(s): Bruce P. Keller, Jeffrey P. Cunard
Recorded on: Jul. 2, 2014
PLI Program #: 60094

Bruce Keller has been an Assistant United States Attorney for the District of New Jersey since 2015.  Now Special Counsel to the U. S. Attorney, he handles investigations, cases and appeals throughout the Office, focusing on public corruption.  He has briefed some of the Office’s most complicated appeals, including:

  • The mail and other fraud convictions in “Bridgegate,” which the Third Circuit unanimously affirmed;
  • The racketeering-related convictions of former Bergen County Democratic chair Joseph Ferriero;
  • The tax evasion convictions of former Ocean County Republican chair George Gilmore;
  • U.S. v. Grant, which he argued en banc, defending the constitutionality of a prison sentence imposed on a juvenile who, among other things, helped dismember his victim.

Before that, while leading the intellectual property litigation practice at Debevoise & Plimpton LLP, his cases included :

  • ABC, CBS and NBC against Aereo (involving copyrights to their over-the-air broadcasts);
  • Sony Pictures (matters ranging from the mega-hit motion picture Spider-Man to the made-for-television movie “Who is Clark Rockefeller?");
  • Howard Stern and CBS Radio (the on-air handling of cremated remains);
  • the NFL, NBA, NHL and MLB (multiple right of publicity and other matters); and
  • clothing retailer The Gap (involving the famous Gap® trademark).

Mr. Keller an Advisor to the American Law Institute’s Restatement of Law: Unfair Competition, also has co-authored two treatises, including PLI’s Copyright Law: A Practitioner’s the Guide (with Jeffrey Cunard).  Along with Mr. Cunard, he has taught at Harvard Law School, was a Fellow at its Berkman Center for Internet and Society and, in addition to being honored with the Center’s highest award, since has received the Excellence in Appellate Practice award from the U.S. Attorney’s Office and the Silver Shingle Award from Boston University School of Law.

Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.  He is admitted to the bar in New York, Massachusetts and New Jersey.


Jeffrey Cunard, managing partner of the Washington, D.C. office, leads the firm’s corporate intellectual property, information technology and e-commerce practices. He has broad experience in transactions, including software and technology licenses, joint ventures, mergers and acquisitions, and outsourcing arrangements. Mr. Cunard’s practice also encompasses copyright litigation. He is an internationally recognized practitioner in the field of the Internet and cyberlaw, a member of the firm’s Cybersecurity & Data Privacy practice, and advises in U.S. and international media and telecommunications law, including privatizations and regulatory advice.

Mr. Cunard is the author of, and contributes to, books and articles on communications and intellectual property law, and he speaks widely on both subjects. He co-authors the treatise, Copyright Law: A Practitioner’s Guide (2d ed. 2015), published by Practising Law Institute, and has co-authored the “Obscenity and Indecency,” “Copyright” and “Trademark and Unfair Competition Issues” chapters in Internet and Online Law (K. Stuckey, ed.) (Law Journal Seminars-Press 1999-2010). Annually, Mr. Cunard co-authors a summary of legal developments involving intellectual property and the Internet for the Practising Law Institute’s Communications Law program. He is on the Board of Editors of e-commerce Law & Strategy and is the co-author of two seminal books on international communications law, From Telecommunications to Electronic Services (1986) and The Telecom Mosaic (1988), both published by Butterworths. He also is a major contributor to The Future of Software (1995), published by MIT Press. For several years, he taught a seminar at Harvard Law School, “Practical Lawyering: Internet-Related Issues,” and served as co-director of the Clinical Program at the Berkman Center for Internet & Society at Harvard University.

Mr. Cunard graduated summa cum laude in English and Political Science from the University of California at Los Angeles in 1977 and received a J.D. in 1980 from the Yale Law School, where he was an Editor of the Yale Law Journal. After graduation from law school, he served as law clerk to the Hon. Wm. Matthew Byrne, U.S. District Court for the Central District of California.

Education

Yale Law School, 1980, J.D.

University of California at Los Angeles, 1977, B.A.