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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

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, supplement forthcoming 2019), 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.


Bruce Keller has been an Assistant United States Attorney for the District of New Jersey since 2015.  He is now both Special Counsel to the U. S. Attorney and a supervisor for the public corruption division.  He also is the Office’s 2019 awardee for Excellence in Appellate Practice, based on his work on cases such as:

  • “Bridgegate,” which the Solicitor General’s Office will argue before the Supreme Court later this year;
  • The racketeering and other convictions of former Bergen County Democratic chair Joseph Ferriero;
  • U.S. v. Grant, which he argued en banc regarding the constitutionality of certain juvenile sentences.

Before that, he led the intellectual property litigation practice at Debevoise & Plimpton LLP where litigated a number of widely-publicized cases on behalf of:

  • ABC, CBS and NBC against Aereo (involving copyrights to their over-the-air broadcasts);
  • Sony Pictures (involving the mega-hit motion picture Spider-Man and the made-for-television movie “Who is Clark Rockefeller?");
  • Amazon (involving its Kindle device);
  • Howard Stern and CBS Radio (over the on-air handling of cremated remains);
  • the National Football League (involving multiple trademark, copyright and right of publicity matters, including the copyright in the design of the Super Bowl® trophy); and
  • clothing retailer The Gap (involving the famous Gap® trademark).

Mr. Keller was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition and has co-authored two treatises.  The first is Copyright Law: A Practitioner’s Guide (with Jeffrey Cunard) and the second is The Law of Advertising, Marketing and Promotions (with David Bernstein).

Mr. Keller, along with Mr. Cunard, also taught at Harvard Law School and was a Fellow at its Berkman Center for Internet and Society.  In May 2008, both received the Berkman Award, the Center’s highest honor.  Earlier this year, his alma mater, Boston University School of Law, honored him with its Silver Shingle Award for his service to the legal profession.

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.