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Advanced Licensing Agreements 2019

Speaker(s): David Rabinowitz, Eleanor M. Yost, Gail H. Zarick, Grace L. Pan, Ira Jay Levy, Jeremy Schrire, Jonathan Sirota, Joseph Yang, Kenneth M. Kaufman, Lauri S. Thompson, Marcelo Halpern, Mark S. Holmes, Melvin C. Garner, Oliver Herzfeld, Paul Fehlner, Paul H. Arne, Peter J. Kinsella, Raymond R Ferrell, Scott J. Catlin, Tucker McCrady
Recorded on: Mar. 4, 2019
PLI Program #: 252181

Kenneth M. Kaufman is Senior Counsel in Moses & Singer's Intellectual Property, Internet & Technology and Entertainment & Sports practice groups. He provides clients with a unique perspective gained from his experience as outside counsel, in-house general counsel, and educator. 

His practice focuses on copyright, entertainment and media law, Internet and technology law, content and music licensing, digital media, and sports law. He has represented a wide range of clients in the entertainment, arts, online, computer and communications fields, including television networks and producers, international media and publishing companies, music publishers, digital media and technology companies, private equity firms, telecommunications companies, photographers, visual artists, performing arts venues, copyright licensing companies, a major regional sports network, Broadway theater producers, foundations, composers, recording artists and authors. 

Ken is a recognized authority in the fields of copyright and entertainment law. He has been named the Washington, D.C. Copyright Law “Lawyer of the Year” by The Best Lawyers in America (where he has been listed in the practice areas of copyright law, entertainment law-music, entertainment law-motion pictures and television, and litigation-intellectual property). He has also been recognized by Who’s Who Legal (International), Washington, D.C. Super Lawyers, Chambers USA: America’s Leading Lawyers for Business, Washingtonian Magazine’s Best Lawyers, and Legal Times, and is an AV® Preeminent™ Rated lawyer according to Martindale-Hubbell. 

Ken has extensive experience as both in-house and outside counsel in the entertainment and communications industries. Prior to joining the firm, he was Senior Counsel at Springut Law PC; a Partner and Senior Counsel in the Washington, D.C. office of Manatt, Phelps & Phillips, LLP; and a Partner in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom LLP. Previously, he served as Senior Vice President, General Counsel of Showtime Networks Inc. in New York; as Senior Vice President, Corporate Affairs and General Counsel of PolyGram Records, Inc. in New York; and as General Counsel of The John F. Kennedy Center for the Performing Arts in Washington, D.C. In two of those positions, he was the first in-house attorney and organized the in-house legal department. Previously, he served as Assistant Counsel of a U.S. Senate Judiciary Subcommittee and as Law Clerk to Judge Warren J. Ferguson of the U.S. District Court for the Central District of California. 

In addition to his law practice, Ken has served as a Visiting Lecturer at Yale Law School, where he taught a course on “Music and the Law” for several years; and as a Professorial Lecturer in Law at George Washington University Law School, where he taught a course on copyright law. He has recently been an Advanced Leadership Initiative Fellow at Harvard University, where he has helped to prepare case studies 

of the digital music industry at the Business School, served as a law and media advisor in the College, and spoken on coalition building in education for gender equality at a Harvard conference on education. 

Ken is a frequent speaker and author on copyright, entertainment law, and issues involving the convergence of the entertainment, communications and technology fields. He has chaired programs and spoken at legal and industry conferences for the Practising Law Institute, the American Bar Association, the District of Columbia Bar, the Stanford Center for the Digital Economy, the Howard University Intellectual Property Law Seminar, the New York State Bar Association, the American Intellectual Property Law Association, the National Association of Broadcasters, the Recording Academy, and the South by Southwest Music Conference, among others. For many years, Ken has co-chaired the annual PLI conference on Counseling Clients in the Entertainment Industry and has spoken on copyright and content licensing at the annual PLI conference on Advanced Licensing Agreements. 

He currently serves on the Governing Committee of the ABA’s Forum on the Entertainment and Sports Industries, on the Planning Committee for the annual Stanford Digital Economy Best Practices Conference, and as President of the Board of the Directors of the Lowell House Opera (the oldest opera company currently performing in New England). He is a member of the Board of Directors of Washington Area Lawyers for the Arts and has served as a Trustee and Chair of the Washington, D.C. Chapter of the Copyright Society of the U.S.A. Ken is also a composer who has been a member of the BMI Musical Theatre Workshop and the ASCAP Pop Songwriters Workshop and who wrote a string quartet that was performed at Harvard University in 2019. 

Eleanor M. Yost litigates high-stakes intellectual property disputes in state and federal courts, the U.S. International Trade Commission, and the U.S. Patent and Trademark Office (USPTO). She also manages international patent, trademark, and domain name portfolios for some of the most recognizable brands in the world. Eleanor’s clients rely on her for a broad range of intellectual property and government contracts advice, including patent and trademark prosecution, opinions, IP and software licensing, due diligence, and transactions. She is Board Certified in Intellectual Property Law by the Florida Bar.

Jeremy Schrire is a partner at Keystone Law and is recognised by the legal directories as one of the leading lawyers in the United Kingdom specialising in commercial agreements and related competition and IP matters.

Jeremy is involved in a number of industries including consumer goods, food and beverages, manufacturing, technology, e-commerce, healthcare, retail, and hotels and leisure. His focus is both advisory and transactional with a bias towards high level “board-room” issues affecting predominantly large multinational companies. His practice ranges from UK specific matters to those which are international in scope (including many which have no connection with England apart from the application of English contract law).   He acts for a number of international household name clients. 

He is listed in the latest edition of Legal 500 as one of the top 20 lawyers in London in the field of commercial contracts as well as being recommended in intellectual property.  He has been described by the Legal 500 as someone of whom “clients cannot speak highly enough” and someone who “always wins the points that need winning” and as having a “huge brain.  This year’s Legal 500 describes him as “having a razor sharp intellect” and being a “true go-to”.

He is also recommended by Chambers, listed as a leading lawyer by European Counsel and Global Counsel, named as an expert in intellectual property and commercial law by Legal Business and listed as an expert in both intellectual property and life sciences by PLC Which Lawyer. In addition to the PLI faculty, Jeremy also is on the panel of experts for Lexis-Nexis and sits on their editorial board.


Joseph Yang is an IP transactions partner at PatentEsque Law Group, LLP.

Joe specializes in structuring & negotiating tech/IP-centric deals (technology transactions, strategic alliances, patent licensing/sales, standards body issues, IP aspects of M&A) and in using IP as strategic business assets. He has led hundreds of deals involving billions of dollars in and across the information technology, electronics, entertainment, consumer goods, healthcare, energy, chemical & manufacturing industries. Reflecting these diverse experiences, Joe is often retained to “bridge the gap” in cross-industry deals (e.g., joint ventures, IoT, SaaS & “big data” deals) between companies whose industries historically didn’t interact with each other.

Joe is also an expert witness for high stakes tech & patent licensing disputes.

Joe teaches the "Technology and Patent Licensing" course at Stanford Law School, and has taught the “Patent Law and Policy” course at U.C. Berkeley School of Law. Joe is a long-time chair of the “Advanced Licensing,” “Advanced Patent Licensing” and “Understanding the IP License” courses at the Practising Law Institute in NYC, SF and Chicago. He has written for journals & books, and been cited by courts & treatises, on licensing & patent law.

Joe previously served as VP & General Counsel of Cryptography Research, Inc. (CRI), negotiating deals under which 10+ billion devices/year are made by its licensees in the smart card/phone, semiconductor, pay TV, printer & other fields. He also developed, enforced & defended CRI’s patent portfolio, and played a key role in CRI’s successful sale in a series of M&A deals (with Macrovision & Rambus) valued at $400+ million.

Before that, Joe co-founded and later led the “IP Strategy & Transactions” practice based in the Silicon Valley office of the world’s largest law firm (Skadden, Arps). He has also practiced at other large multinational law firms, and served as an arbitrator.

Joe has been named one of the “World’s Leading IP Strategists,” “World’s Leading Patent Professionals” and “World’s Leading IP & Technology Licensing Lawyers” by Intellectual Asset Management (IAM) publications. IAM named Joe as 1 of only 10 "highly recommended" IP transactional attorneys in California -- the only one from a boutique (non-AmLaw 100) firm:

“Joseph Yang is a major-league deal maker and licensing authority” as well as “a transactional mastermind” with arbitration and litigation skills that make him a formidable negotiator.” “He … is a creative problem solver who can clearly articulate legal risks and provide effective advice to guide business decision making.”

Joe is “one of the best expert witnesses you could hope to deal with. He considers all the issues before committing to an opinion, and his positions are always rock solid”.

He is also profiled in “Marquis Who’s Who in American Law”, “Marquis Who’s Who in America” and “Marquis Who’s Who in the World”, and named to the California SuperLawyers list.

Joe also serves on the advisory board of the Licensing Executives Society - Silicon Valley chapter, and is a board member of the Asian Pacific American Bar Association of Silicon Valley.

Joe was originally a research engineer in the aerospace & energy fields. He holds a J.D. from Stanford Law School and a Ph.D. (engineering) from the California Institute of Technology, where he has been a board member of the Caltech Associates & Caltech Alumni Association.

Lauri S. Thompson focuses her practice on intellectual property and entertainment, including working with gaming resort companies, software companies, and entertainment companies to protect and enhance their key brands and corporate images through strategic management of their worldwide trademark and copyright portfolios. She works to help increase the visibility and value of their names and images, through trademark, copyright, domain name registration, and Internet monitoring and enforcement. Additionally, she works with interior design groups for hotels and casino resorts on third-party vendor agreements, purchase orders, and strategies to control intellectual property rights. 

The entertainment aspect of her practice includes handling issues related to live show production and audio visual works. She counsels clients in all aspects of their advertising and entertainment contracts. She helps license music and other content, as well as develops procedures for ownership of original content. She oversees the clearance, procurement and enforcement of intellectual property rights throughout the world, including the protection and use of intellectual property on and off the Internet.  

Lauri counsels clients to avoid disputes by helping them review materials for copyright, trademark and publicity rights issues. She works with various production companies, recording studios, advertising agencies, media companies and interior design groups, advising them in the clearance of materials for use in interior design, film, television, advertising and Internet marketing. She is experienced settling disputes over IP and entertainment issues in an effort to avoid costly litigation and uncertain outcomes, when possible.



Trademarks, Copyrights, Rights of Publicity

Entertainment contracts- producers, venues, talent


Professional & Community Involvement

Adjunct Professor, University of Nevada, Las Vegas, Entertainment & Fine Art Law

ABA Speaker- Counseling Clients in the Entertainment Industry 2017, 2018

Board Member, Nevada Ballet Theatre, Board of Trustees

Board Member, Variety The Children's Charity of Southern Nevada, Board of Trustees

Member, American Bar Association

Member, Clark County Bar Association

Member, Nevada Intellectual Property Law Society

Member, State Bar of Nevada

Past President, American Association of University Women, Las Vegas Branch


Recognition & Leadership

Listed, Super Lawyers magazine, Mountain States Super Lawyers, 2014-2018

Listed, Who's Who Legal, Trademarks, 2014

Team Member, a U.S. News - Best Lawyers®, "Law Firm of the Year" in Entertainment Law - Music, 2011-2012

Recognized, World Trademark Review, "World Leading Trademark Individual for Contentious Work," 2011

Recipient, Trademark Insider, Trademark Filer, 2004, 2006, and 2007

Rated, AV Preeminent®

Marcelo Halpern is the firmwide co-chair of Perkins Coie’s Technology Transactions and Privacy practice group.  His practice focuses on complex commercial transactions involving the development, deployment and distribution of technology in a wide variety of industries.

Marcelo counsels multinational FORTUNE 100 companies, startups, emerging growth companies, governments and nonprofits on structuring and negotiating collaboration, development, distribution, license and service agreements.  He provides practical counsel in connection with emerging technologies, including those related to big data analytics, artificial intelligence, fintech and blockchain, internet of things, smart cities, mobile, cloud computing and “as a service” platforms, hardware and e-commerce, as well as the overall interplay of interoperability, industry standards and IP licensing approaches.  He has a strong focus on complex strategic alliances and licensing transactions, outsourcing and ERP implementation, digital strategies—including open source licensing, data security, data use and privacy issues—and other marketing and distribution strategies.

He regularly works with clients in the blockchain industry, advising on technology and platform issues, structuring token offerings, digital currency issues, tokenization of assets, and the development and operation of blockchain based collaborative platforms.  He also has advised on the formation of various blockchain consortiums, including the Enterprise Ethereum Alliance, that develop blockchain platforms in specific industries and create industry standards.

Marcelo was honored by U.S. News - Best Lawyers as the Chicago “Lawyer of the Year” in the technology law category and has been listed since 2004 as one of “America’s Best Lawyers” for technology law by Chambers USA in its annual guide of leading business lawyers.

Outside of his legal practice, Marcelo serves on the board of directors for Youth Guidance, an organization offering school-based programs that empower youth in Chicago to succeed in school and in life.  He also serves on the board of directors for the Lawyers Trust Fund of Illinois supporting civil legal aid services to the underserved.  Marcelo previously served as president of the board of directors for Illinois Legal Aid Online, a trailblazing platform connecting people to the resources they need to resolve their legal problems and interact with the legal system when they cannot find or afford a lawyer.

Melvin Garner is a Partner in the firm of Leason Ellis. His practice includes all phases of patent, trademark and copyright litigation. It also includes patent procurement involving various technologies, as well as infringement and validity opinions. He has appeared as an expert witness at several trials and has served as a mediator.

Mel is the author of numerous articles and of Chapter 13, “Intellectual Property Protection of E-Commerce” and Chapter 58, “Trade Secret Causes of Action and Defenses, Including Sample Pleadings,” Intellectual Property Counseling and Litigation, Matthew Bender (2010). In addition, he is a frequent lecturer at PLI events.

Mel is a Past President of the New York Intellectual Property Law Association and a Past President of the American Intellectual Property Law Association. He is on the Executive Committee and is a founding member of the Hon. William C. Conner Inn of Court. He is also a member of the Magistrate Judge Merit Selection Panel for the U.S. District Court for the Southern District of New York. He is listed in Euromoney’s Guide to the World’s Leading Patent Law Experts, Who’s Who Legal - Patents, and New York Super Lawyers.

J.D. Brooklyn Law School
M.S. Electrical Engineering, New York University
B.S. Electrical Engineering, Drexel University

New York
U.S. Patent & Trademark Office

United States Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York

Paul Fehlner is Chief Intellectual Property Officer for Axcella Health, a Cambridge, Massachusetts biopharmaceutical startup. He is also a Principal of Life Sciences Innovation LLC, a consulting company he founded in 2017 to advise on complex IP business strategy for products and technologies in life sciences, develop capabilities of legal and IP professionals, and provide BD&L support for research institutes, companies, and investors.


Previously, Dr. Fehlner was Head of Intellectual Property for Novartis Pharma in Basel, Switzerland. In this role, he led a team responsible for obtaining, maintaining, and enforcing IP rights. The team created a holistic IP portfolio around Pharma’s products, including patents, trademarks, regulatory exclusivities, and reputation. They worked closely with global R&D and commercial organizaitons, local country organizations, and third-party stakeholders to ensure Novartis had a foundation to bring lifesaving and life-changing medicines to patients.


Dr. Fehlner joined Novartis in 2008 from Baker Botts, where he was a partner specializing in IP counselling and strategic planning in the pharmaceutical, biotechnology and medical device industries, as well as litigation. His career includes seven years as an associate and partner at Darby & Darby, with earlier experience as Biotechnology Counsel for Rhône-Poulenc Rorer and as an associate for boutique IP firm Klauber & Jackson. Dr. Fehlner started his career in life sciences law in 1990 as a law clerk in the biotech and pharmaceutical group at Pennie & Edmonds. In addition to life sciences, Dr. Fehlner has worked on chemical and material sciences technologies.

Dr. Fehlner has a JD from Fordham University School of Law, a PhD in immunology and biochemistry from Rockefeller University (Lois P Markey Fellow), and a BS in chemistry from Haverford College (high honors; Phi Beta Kappa).

Peter Kinsella is a partner in the firm's Technology Transactions & Privacy and Intellectual Property practices. His practice is focused on advising start-up, emerging and large companies on technology, licensing and intellectual property transaction matters. He is a frequent lecturer on licensing and technology issues. Prior to joining the firm in 2010, Pete was a partner with Faegre & Benson. Prior to that, he worked in various legal capacities with Qwest Communications International, Inc. (formerly U S WEST, Inc.) in Denver and Honeywell, Inc. in Minneapolis. 

Pete offers extensive experience structuring and negotiating domestic and international agreements in a wide variety of areas, including: cloud services, outsourcing, product development, technology transfer, telecommunications, data sharing, complex procurement, product distribution and sales, contract manufacturing, and a wide variety of patent, trademark and copyright licenses. He offers significant international experience, including, intellectual property holding companies, export control and international intellectual property issues. Pete also regularly handles intellectual property issues in connection with public and private company mergers and acquisitions, including due diligence and licensing issues. The value of several of these transactions has exceeded one billion dollars.

Pete has been materially involved in a number of high profile intellectual property disputes in a variety of industries, including the semiconductor, telecommunications, computer networking, automotive, clean- tech and health sciences industries. In 2005, he wrote significant portions of the appeal brief filed on behalf of AWH Corporation in the United States Court of Appeals for the Federal Circuit en banc proceedings, Phillips v. AWH Corporation, concerning the procedures that should be used to determine patent claim construction. Most recently, Pete successfully represented a third party semiconductor tooling manufacturer in connection with a government ITC investigation seeking to ban the importation of hard drives into the United States.

As a registered patent attorney, Pete counsels clients on patent matters, including, infringement, validity, and pre-litigation issues. While at U S WEST, Inc. he was responsible for managing over 1500 trademark applications and registrations in 62 countries and all trademark opposition and litigation proceedings.

Primary Areas of Practice:
Paul H. Arne is the Senior Partner and Chair of the Technology Transactions Practice at Morris, Manning & Martin. Mr. Arne founded and chairs the firm’s Open Source and Social Media practice groups. He represents technology companies, from technology startups to large end users, with a particular emphasis on strategic relationships, outsourcing matters, international transactions, open source software, software as a service, internet, privacy, university technology transfer, and revenue recognition issues.

Law School/Graduate School:
Duke University, J.D., 1981
University of North Carolina, B.S., 1978

Professional Memberships:
American Bar Association (Member, Sections on Intellectual Property Law; Science and Technology; Business Law)
State Bar of Georgia, admitted 1981
Immediate past Chair of Privacy & Technology Section;
Member, Corporate and Banking, Corporate Counsel, and Intellectual Property
Georgia CIO Leadership Association (Member, Board of Underwriters)
Lawyers Club of Atlanta


Primary Areas of Practice:               

Intellectual Property Litigation

Law School:                                       

Northwestern University School of Law, J.D., 1992; Phi Delta Phi and lota Sigma Pi  

Work History:

Holland & Knight LLP; Orrick, Herrington & Sutcliffe LLP; Kaye Scholer LLP; Frommer Lawrence & Haug LLP                                      

Professional Memberships:             

American Bar Association 

New York State Bar Association

District of Columbia Bar  

New Jersey State Bar Association

Committee on Patent, Trademark and Copyright Law and Intellectual Property Section

Japan Federation of Bar Associations

Daini Bengoshi Kai

Taipei Bar Association  

Los Angeles Intellectual Property Law Association

New York Intellectual Property Law Association

American Intellectual Property Law Association

Southern California Chinese Lawyers Association

American Chemical Society

National Asian Pacific American Bar Association

Ray Ferrell is CEO and General Counsel of June Six Ventures, LLC, a legal and business consulting firm focused on providing high impact solutions to the unique issues facing private equity portfolio companies and startups in the SaaS, technology and disruptive industry spaces. Ray was formerly the Executive Vice President General Counsel and Corporate Secretary of Thryv, Inc, formerly DexYP, for 6 years where, among other things, he provided legal services and advice regarding SaaS and digital/I.P. transactional matters, sales/marketing, securities, general corporate, board-related matters, M&A, employment, compliance, litigation, and public policy. He maintained particular focus on digital issues and worked with his business partners to enhance and create high-performance digital products and services for advertisers and consumers.  He was Associate GC at Thryv for over 5 years prior to his promotion to General Counsel. Prior to Thryv, he was Senior Counsel – Vice President in the American Express General Counsel’s office for more than eight years. Prior to joining Amex, he worked in private practice in New York City and New Jersey, specializing in corporate securities, technology law, and financial services work. Ray is a graduate of Yale University and Columbia Law School.

David Rabinowitz is a partner in the Litigation Department and a member of the Intellectual Property Department and Legal Ethics and Law Firm Practice Department at Moses & Singer, where he has been a partner since 1985. He handles civil commercial cases of all kinds and in particular both litigates and advises clients on financial industry and intellectual property matters. He is a frequent speaker on ethical issues concerning negotiations. Mr. Rabinowitz has appeared in state and federal courts and in arbitrations throughout the United States.

Mr. Rabinowitz has lectured and participated on panels before the Bar Association of the City of New York, the American Bar Association, the Practicing Law Institute, the Institute of International Banking Law, the Copyright Society of the United States, the New Jersey Intellectual Property Law Association, the National Association of Recording Manufacturers, the Licensing International annual convention, the Professional Education Broadcast Network and the Massachusetts Software Council. He has taught Copyright Law at Seton Hall Law School. He is a member and former trustee of the Copyright Society of the United States. Mr. Rabinowitz has published numerous articles which have appeared in Advertising Age, Entertainment Law Reporter, The Entertainment Publishing and the Arts Handbook, The Bulletin of the Copyright Society of the United States American Lawyer's Corporate Counsel Magazine and The Practical Lawyer.


·      Columbia University School of Law, J.D., 1976, Harlan Fiske Stone Scholar, 1973-1976

·      Massachusetts Institute of Technology, S.B., 1972


·      "New York Resolves In-House Counsel Bar Admission Problem"

·      "Up Close and Professional with New York’s Engagement Letter Rules"

·      "Communications Decency Act"

·      "Non-Traditional Fee Arrangements and Doing Business with Clients"

·      "Everything You Ever Wanted To Know About the Copyright Act Before 1909"

·      "Web Site Story 6-Breakaway Employees Beware"

·      "Web Site Story 5-Emerging Limits to Out-of-State Jurisdiction over Web Sites"

·      "Web Site Story 4-Nationwide Internet Jurisdiction is not Ended by Blue Note"

·      "Web Site Story 3-The Emerging Tort of Domain Name Infringement"

·      "Web Site Story 2-Finding Yourself Subject to Jurisdiction Far, Far Away"

·      "Web Site Story-A Legal Primer for Web Site Owners and Designers"

·      "Copyright Preemption: New York State's Erroneous Interpretation"

·      "Copyright and Trademark Infringement: Current Techniques for Plaintiffs and Defendants"

Presentations – (last 10 years - most recent year for series)

·      2021 and earlier Practicing Law Institute program, "Ethics for the Negotiating Lawyer"

·      2020 and earlier Practicing Law Institute program, "Advanced Licensing Agreements"

·      2020 and earlier Practicing Law Institute program, "Understanding The Intellectual Property License"

·      2019 and earlier Institute of International Banking Law Standby and Guaranty Forum and Law Summit, “Recent Letter of Credit Cases”

·      2016 New Jersey Intellectual Property Law Association, “Cases in Negotiation Ethics”

·      2015 Practicing Law Institute program, “Outsourcing 2015: Sourcing Critical Services”

·      2014, 2012, 2007 Copyright Society of the U.S.A., “Show Me the Money: The Essentials of Valuation of Copyrights in Transactions and Litigation,” "Basic Ethics for the Negotiating Lawyer," "Non-Traditional Fee Arrangements and Doing Business with Clients"

·      2013 National Association of Recording Manufacturers, “Negotiation Ethics”


Ira Levy is a retired partner in Goodwin’s Litigation Department and a member of its Intellectual Property practice. He is recognized globally for his cross-disciplinary expertise, successfully first-chairing patent, trademark, copyright, false advertising, IP licensing, and related matters for a wide array of industries and in a variety of technical disciplines. Mr. Levy is fluent across many product categories and technical disciplines, and has extensive experience with disputes involving biotechnology, electrochemistry, and pharmaceuticals; electronics, computers and telecommunications; mechanical devices; industrial and consumer products; and the Internet, new media and e-commerce.

Mr. Levy has handled as first chair numerous bench and jury trials in federal and state courts nationwide. He also has significant experience practicing before the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, Patent Trial and Appeal Board, and the U.S. Supreme Court. In addition to his litigation work, Mr. Levy works closely with the firm’s Business Law Practice counseling clients on general corporate matters involving intellectual property and the Internet, as well as transactional due diligence, and other licensing issues.

With over a billion dollars in patent deals under his belt, Mark Holmes is the founder and CEO of PatentBridge LLC, a privately held technology development firm in Silicon Valley that specializes in bringing to market select patented technologies covering extraordinary software and Internet-related breakthroughs. 

Mr. Holmes is the CEO and Co-Founder of RavenWhite Cybersecurity, Inc. which was selected as one of the top 10 security startups worldwide at the RSA Conference. He is also the Executive of Business Development for the DeCaf Co. which is creating the world’s first consumer instant decaffeination product.

Mr. Holmes has advised such technology savvy entities as Visa, Sony, Applied Materials, University of California at Berkeley as well as many startups and has been named every year to the IAM Strategy 300 – The World’s Leading IP Strategists.  He served as co-chair of the Silicon Valley Chapter of the Licensing Executives Society (LES) from 2006 to 2011.

He was the co-founder of a successful telecommunications startup which was sold in the late 1990s to a portfolio company of the Alabama state retirement fund (Retirement Systems of Alabama).

He lectures nationally on the pressing issues facing tech startups. In the past few years, he has spoken nationally over 50 times for such bodies as Renaissance Weekend, International Society for Optical Engineering (SPIE), PLI and other organizations.

He holds an engineering degree from Brown, is a member of the Institute of Electrical and Electronics Engineers (IEEE), IEEE Software Society and wrote the book PATENT LICENSING AND SELLING: STRATEGY, NEGOTIATION & FORMS.

Gail Zarick is a Counsel at IBM, where she currently supports the IBM Storage Division and advises on intellectual property issues for the IBM Corporate organizations.  She has previously supported the Research and Security Divisions and Regulatory Compliance and has managed diverse teams in the IP Law department.  She has extensive experience with all aspects of developing and creating value from an IP portfolio. 

In addition, Gail serves as a pro bono leader at IBM’s Armonk location, where she has expanded opportunities for IBM lawyers to provide pro bono representation to non-profits and underserved communities.  She is also an Education Leader for the IBM global law department.

Gail is a frequent speaker at PLI conferences.

Before joining IBM, Gail practiced intellectual property law at Pennie & Edmonds LLP in New York. 


JD, Pace University School of Law

MSE, University of Pennsylvania

BSE, Princeton University


Oliver Herzfeld oversees all aspects of the Legal department of Beanstalk, a leading brand licensing consultancy. Prior to joining Beanstalk, Oliver was chief legal officer of w-Technologies, a leading wireless software firm, and general counsel of The Capital Markets Company, a technology solutions firm focused on financial services. His responsibilities included commercial, intellectual property and employment law, as well as dispute resolution. Previously, Oliver served as functional general counsel of intellectual property, technology, and licensing at J.P. Morgan & Co. Incorporated. Oliver began his legal career as an associate at Sullivan & Cromwell where he worked on a broad range of corporate and securities matters.

Oliver earned a bachelor of arts, cum laude, Phi Beta Kappa, from New York University. He earned a JD with honors from Columbia University School of Law.

Oliver is deeply involved in several social service organizations in his community, mediator for the MediateArt program of Volunteer Lawyers for the Arts, and performs pro bono legal work for not-for-profit organizations.

Primary Areas of Practice: Patent Licensing, Counseling and Prosecution; Copyright; Trademark

Law School: Notre Dame Law School

Work History: Prior to joining URVentures, the technology commercialization arm of the University of Rochester, Mr. Catlin provided legal and executive management guidance at Abbott Medical Optics (AMO), a subsidiary of Abbott Laboratories, for intellectual property, litigation and compliance matters.  During and prior to his time at AMO, he has worked in and with start-up companies in Northern and Southern California.  Before that, he was a patent attorney and litigator with Lyon & Lyon and Pennie & Edmonds.  He is also a former management consultant with Bain & Company.  He served in the U.S. Air Force and Air National Guard as an officer and Judge Advocate (JAG).

Professional Memberships: NY and CA Bars; Registered Patent Attorney (USPTO)

Tucker McCrady is the EVP & General Counsel at the Orchard. In this role, he manages the Orchard’s legal and business affairs team, with global oversight of the company’s digital licensing negotiations, label distribution contracts, acquisitions and all other related legal activities.

Formerly, Tucker was a shareholder at Greenberg Traurig, where he worked on the legal team representing Soundcloud, a platform with more than 100 million active users globally, and played a leading role in negotiating licenses for a wide range of digital music providers. Prior to Greenberg Traurig, LLP, he worked at Warner Music Group for six and a half years, where he negotiated digital licenses with dozens of internet music services, and ultimately managed litigation for the company worldwide. He also served for five years on the Board of Directors of SoundExchange.

Tucker grew up in Tennessee, studying philosophy at Harvard and acting at Juilliard. He spent several years acting professionally, on Broadway and in theatres around the country, before returning to Columbia Law School, where he was a Kent Scholar and the recipient of awards in advocacy and intellectual property.

Jonathan is a New York entertainment, business, and technology attorney. During his career he has advised famous brands, government officials, and global corporations.

Jonathan’s experience includes being a senior executive of the Hearst Corporation where he provided legal counsel to its entertainment, technology, and media divisions, including Hearst Entertainment and King Features Syndicate.

During his time at Hearst, Jonathan served as Director of Legal Affairs and Secretary of the Board at SmartMoney, which was a Hearst and Dow Jones joint venture focused on software, data licensing, media content, and publishing products for the financial sector.

Prior to joining Hearst, Jonathan worked as a special advisor for the Japanese government at the Ministry of Education, Culture, Sports, Science, and Technology.

Jonathan's film industry experience includes executive producing and providing production counsel services for feature films and independent filmmakers. Jonathan regularly represents clients in all areas of entertainment and fine arts industry, including, producers, actors, models, musicians, authors, sculptors, and artists.

In addition to his growing his law firm, Jonathan is a co-founder of business ventures in the entertainment, fashion, and medical investment fund industries.