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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 and currently serves as Special Counsel to the U. S. Attorney.  In addition to his caseload, he helps oversee major prosecutions, policy issues and other matters for the Office.

During his tenure, Bruce has been responsible for various appeals including:

  • “Bridgegate”;
  • the corruption (racketeering, wire fraud and bribery) charges against former Bergen County Democratic chair Joseph Ferriero;
  • the fraud convictions of ex-NBA player C. Tate George;
  • Eighth Amendment juvenile sentencing issues;

as well as cases involving cybercrime, identity theft, child pornography, firearm possession, health care fraud, crimes of violence and other matters.

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 is the co-author of two treatises.  The first, with Jeffrey Cunard, is Copyright Law: A Practitioner’s Guide (Second Edition, 2015, supplement forthcoming 2018), published by Practising Law Institute.  The second, The Law of Advertising, Marketing and Promotions (Law Journal Press 2011), was written with David Bernstein, a partner at Debevoise & Plimpton.

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, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.

He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Boards of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others.  He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.

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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, supplement forthcoming 2018), 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.