Orrick Builds in Boston, Adding Top-Tier Trademark, Copyright & Media Litigation Team

February.19.2019

Orrick today announced the addition of a nationally recognized team of five intellectual property litigation partners, building our tech and innovation-focused Boston office. The firm launched the office last month, initially with a market-leading cybersecurity and privacy team.

Joining in Boston from Fish & Richardson are David Hosp, Mark Puzella, Sheryl Koval Garko and Caroline Simons. Elizabeth Brenckman will join the firm’s New York office.

“We are thrilled to attract to our new Boston office two premier teams that augment two of our destination practices focused on the tech and innovation sector: intellectual property and cyber and privacy. These moves continue to advance our strategy of building the strongest set of destination practices of any global tech firm,” said Orrick Chairman Mitch Zuklie. “And we’re especially excited to do so with diverse teams that share our values around collaboration and innovation.”

The new team brings deep trial experience and has worked to protect some of the most recognizable brands in the world. They have assisted companies at all stages with developing comprehensive strategies to avoid litigation where possible, and to succeed in litigation when necessary. They have litigated several of the most complex and closely watched trademark cases of recent years, including representing New Balance and a U.S.-based multinational retail corporation in their trademark dispute with Converse in the ITC, and automaker Mahindra in a trademark and trade dress dispute with the owners of the JEEP brand in the ITC.

On the copyright side, the team has litigated numerous high-profile matters for leading technology companies, including representing Cablevision in the precedent-setting case concerning the legality of the first RS-DVR, Aereo in its various litigations concerning its streaming service, and Brilliance Audio in establishing new law concerning the right to rent audiobooks. The team also has extensive experience in related areas of litigation, including trade secret and false advertising class action disputes.

Peer and client surveys such as World Trademark Review 1000 and Legal 500 repeatedly name them as leading intellectual property lawyers. For example, the WTR1000 has described the team as “a force to be reckoned with” and quoted a client who describes the team as “by far and away the most knowledgeable, hard-working and talented attorneys I have ever encountered.” Law360 has identified several of their matters as among the most important cases of the year.

“This team is on every shortlist of top trademark and copyright trial lawyers in the country,” said Jared Bobrow, global co-leader of Orrick’s Intellectual Property practice. “As a tech and innovation-focused firm, our strategy is to offer clients top-tier teams across all IP categories – and combining this group with our trademark and copyright team clearly creates a national powerhouse practice.”

“We’re thrilled to join Orrick’s leading litigation and IP platform,” said David. “Joining forces with Orrick’s established and market-leading practice presents a unique opportunity to build a truly market-dominant practice. On day one, we will have the deepest and best bench in this space. In addition, helping to found a highly collaborative and innovative tech-focused office in Boston was an opportunity we could not pass up.”

This move continues a string of additions to Orrick’s IP team over the past year, including Jared and fellow patent trial litigator Clem Roberts in the Bay Area and music rights and copyright specialist Paul Fakler in New York. The firm also announced last month the addition to our Bay Area Tech Sector practice of Matthew Gemello, former head of Baker & McKenzie’s U.S. corporate and securities practice.

At the beginning of the year, the firm announced the addition of cybersecurity and privacy corporate advisor Heather Egan Sussman, who serves as Boston office leader, and litigators Doug Meal and Seth Harrington, all from Ropes & Gray.

The New Team

David Hosp

David is a trial lawyer with a focus on trademark, copyright and media litigation. In 2018, he was recognized as a Gold Tier trademark litigator by WTR1000; he has appeared in every annual list since 2011. David has been recognized as an IP Star by Managing Intellectual Property magazine from 2015 to 2018. In 2012, he was named an American Lawyer “Litigator of the Week” for his lead role in the Aereo case, and in 2013 he was selected among the Top 100 Power Lawyers by The Hollywood Reporter.

Mark Puzella

Mark is a trial lawyer with a focus on trademark, copyright and media litigation. In 2018, he was recognized as a Gold Tier trademark litigator by WTR1000; he has appeared in every annual list since 2011. WTR1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” Legal 500 has described Mark as a “smart, creative” trial lawyer who “anticipates everything.” He has been recognized as an IP Star by Managing Intellectual Property magazine from 2015 to 2018.

Sheryl Koval Garko

Sheryl is a trial lawyer with a focus on trademark, copyright and trade secret litigation. She was silver-ranked in the WTR1000 in 2017 and 2018, was named a Super Lawyer in intellectual property in 2018, and was named to Best Lawyers Litigation – Intellectual Property for 2018 and 2019. Sheryl was named a 2017 Woman Worth Watching by Profiles in Diversity Journal. In 2015, Massachusetts Lawyers Weekly named her one of the Top Women of Law. She will co-lead Orrick’s Women’s Leadership Board, which comprises senior client leaders who advise on the firm’s efforts to promote women.

Caroline Simons

In addition to her central role in the team’s trademark and trade dress work, Caroline has broad experience in trade secret and complex commercial litigation, white collar defense and investigations, and cybersecurity. Massachusetts Lawyers Weekly named Caroline an Up & Coming Lawyer in 2017. She serves as co-chair of the Mentoring Committee for the Boston Bar Association’s Diversity & Inclusion Section.

Elizabeth Brenckman

Elizabeth is a trial lawyer with a focus on trademark and copyright litigation. She has had integral management responsibility for some of the most high-profile copyright and trademark cases in recent years, including ABC Inc. v. Aereo, Inc. and Converse, Inc. v. ITC. Managing Intellectual Property magazine named Elizabeth a Rising Star in the United States in 2018.

Related Lawyers

R. David Hosp Partner, Intellectual Property, Trademark, Copyright & Media

Boston; New York

See my bio

D:+1 617 880 1886
E: [email protected]

Practice:

Intellectual Property
Trademark, Copyright & Media
Trade Secrets Litigation
U.S. International Trade Commission

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R. David Hosp Partner

Boston; New York

David brings creativity and determination to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.

Throughout his career, David has been involved in some of the most widely followed cases in the area of trademark, copyright, and media law. For example, David:

Represents Altice in defending cases brought by the music industry alleging secondary liability for subscribers’ alleged infringement of musical works utilizing BitTorrent on Altice’s internet platforms;
Represents the University of Washington in defense of First Amendment claims brought by a professor where UW was recently granted summary judgment on all claims;
Recently represented UW in successful defense of defamation claims brought by Project Veritas over debunking of 2020 election interference reports;
Recently represented blockchain company partnered with Quentin Tarantino in successful defense of first-impression copyright and trademark claims brought by Miramax over the creation and sale of NFTs involving the hand-written script for the motion picture Pulp Fiction;
Represented Samsung in successful defense and settlement of trademark and unfair competition claims brought in the Southern District of New York regarding Samsung’s MILK music streaming service;
Represented Microsoft in successful defense and settlement of copyright claims filed in the Southern District of New York by Getty Images, Inc. related to the operation of Bing search engine;
Represented New Balance at trial in the International Trade Commission in the successful defense of trade dress claims brought by Nike/Converse. That case was cited by IP Law360 as the top trademark ruling of 2016;
Served as Aereo’s lead trial counsel in the successful defense in the Southern District of New York (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)). The case was ultimately decided by the Supreme Court on an issue of first impression in 2015;
Represented Cablevision in the Southern District of New York in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008);
Served as lead trial counsel for Triumph Learning in the successful defense of trademark claims in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and successfully defended that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) in a decision that established a new standard for “fame” in trademark dilution cases;
Served as lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial (2012);
As a senior associate, served as a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading First Amendment commercial speech decisions in recent jurisprudence.

The Hollywood Reporter has previously included David in its annual Power 100 edition, highlighting the most influential media attorneys in the country, and naming his team’s defense of Aereo, Inc. against claims brought by the country’s major television broadcasters at the trial court and before the Second Circuit as the “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He also writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center, Boston College Law School and the New England School of Law.

Mark S. Puzella Partner, Trademark, Copyright & Media, Intellectual Property

Boston

See my bio

D:+1 617 880 1896
E: [email protected]

Practice:

Trademark, Copyright & Media
Intellectual Property
U.S. International Trade Commission
Trials

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Mark S. Puzella Partner

Boston

As a trial lawyer, Mark excels at handling accelerated, complex cases. For example, as lead counsel for New Balance, Mark won a swift six-month International Trade Commission (ITC) investigation concerning claims of trade dress infringement. And, as lead plaintiff counsel for Explorica in a trademark case, he won a jury verdict just ten weeks after filing the complaint. During that short span, the parties engaged in complete discovery, including taking and defending numerous fact and expert depositions. Clients routinely ask him to take over matters at the close of discovery, prior to trial, or on remand, which presents unique challenges and time constraints.

He is also skilled at explaining complex concepts and technology to judges and juries in a persuasive, intelligible style. For example, in the high-profile Supreme Court case ABC v. Aereo, he led the trial and appellate team’s presentation of the key technology. That presentation was the basis of the trial court’s denial of a preliminary injunction, and the Second Circuit’s affirmance of that decision.

Mark draws upon his litigation experience to help clients anticipate and avoid legal issues related to new technologies and brands. Mark has advised numerous technology and media companies on the creation, use, and delivery of content and helped clients assess whether their products will withstand investor and competitor scrutiny. He also has significant experience advising on branding and re-branding projects, including private brand or store brand clearance and risk assessments.

Mark’s exceptional record has earned him praise as a problem solver from client and peer surveys. Most recently, Chambers USA described him as "extremely skilled and effective." World Trademark Review 1000 has called him “intelligent, thoughtful and client-oriented” and “incredibly impressive.” The Legal 500 has described him as a “smart, creative” trial lawyer who “anticipates everything.” And in 2016, IP Law360 named two of his cases among the top ten trademark decisions of the year.

Sheryl Koval Garko Partner, Intellectual Property, Trademark, Copyright & Media

Boston

See my bio

D:+1 617 880 1919
E: [email protected]

Practice:

Intellectual Property
Trademark, Copyright & Media
Patents
Trade Secrets Litigation
U.S. International Trade Commission
Life Sciences & HealthTech

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Sheryl Koval Garko Partner

Boston

Over the course of her career, she has represented clients ranging from Fortune 50 companies to start-ups in trademark, copyright, false advertising, and trade secret litigations and at trial. She has worked with leading technology companies and some of the most recognizable brands in the world, including New Balance, Williams-Sonoma, Carnival, and Microsoft. She has tried cases to both judges and juries in federal courts across the United States and is experienced practicing before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board and the International Trade Commission. Through her trial work, she has developed deep expertise in litigating novel and complex damages issues in IP cases and leveraging survey work.

Sheryl most recently earned a complete victory at trial on behalf of client Carnival in a patent and breach of contract matter related to theft of Carnival intellectual property. Following an 8-day trial in the Southern District of Florida, the jury deliberated for three hours and returned a verdict in favor of Carnival on all counts, awarding $21 million in damages.

She honed her skills in high profile, precedent setting cases. Sheryl represented Aereo against the major U.S. television networks in defense of its novel, industry-disrupting system for providing internet access to over-the-air broadcast television. That case ultimately went to the Supreme Court, which addressed copyright law issues of first impression. Sheryl currently represents Microsoft litigating novel issues related to the intersection of generative AI, copyright, and trademark law.

Having prepared countless cases for trial, Sheryl has a clear understanding of the importance of identifying litigation strategy early on to direct the case in a cost- effective and efficient manner. Sheryl also leverages her wealth of experience to counsel clients on strategies to protect intellectual property when avoiding litigation is a strategic business priority.

Having also litigated a number of patent cases throughout her career, she brings to each matter a unique understanding of the intersection of copyright, trademark, trade secret and patent law. A superb communicator, she is able to explain diverse areas of complex technology to a judge or jury.

Sheryl has been consistently named as one of the leading intellectual property litigators in the world by World Trademark Review 1000, a peer and client survey. In its 2017 publication, WTR 1000 described her as “'highly recommended’ for her ‘helpful and creative advice,’ which is ‘always of first-rate quality.’” In the 2018 edition, WTR 1000 stated that Sheryl “offers significant firepower to any contentious mandate.” In the 2021 edition, WTR 1000 said Sheryl ”puts her heart and soul into driving favorable outcomes.” In 2022 Sheryl and her team were lauded for being “tried and tested” in litigation and “emerging victorious in many forums. And in 2023, they were praised for “steering [clients] through complex litigation,” with work that was quick, efficient and “with the highest level of integrity.”

Sheryl is the Global Chair of Orrick's Women's Initiative and is the Co-Chair of Orrick’s Intellectual Property Business Unit.

She was named a 2017 Woman Worth Watching by Profiles in Diversity Journal. Sheryl was also singled out for Metropolitan Corporate Counsel’s Women in Business and the Law 2017 edition. In 2015, Massachusetts Lawyers Weekly named her one of the Top Women of Law and she received a 2015 Leadership Excellence Award from the National Diversity Council.

Caroline Simons Partner, Cyber, Privacy & Data Innovation, Intellectual Property

Boston; New York

See my bio

D:+1 617 880 1885
E: [email protected]

Practice:

Cyber, Privacy & Data Innovation
Intellectual Property
Trade Secrets Litigation
Strategic Advisory & Government Enforcement (SAGE)

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Caroline Simons Partner

Boston; New York

Tech and consumer-facing clients – from early-stage startups to some of the most recognizable online companies – turn to Caroline to protect their IP, brand, and reputation in litigation. Her expertise includes the fast-evolving areas of Section 230 of the Communications Decency Act and online safety, cybersecurity & data privacy litigation. In the past year, she has litigated more than 60 cases related to platform immunity and she is currently lead counsel in dozens of cases for one of the world's largest tech companies on claims challenging myriad aspects of its online services, including content moderation and product design.

A partner to her clients in crisis management, Caroline also advises them in cyber incident response, government and internal investigations and enforcement actions. Her experience at the intersection of online safety, IP and white-collar litigation gives her breadth of perspective and allows her to work with her clients to problem-solve and effectively manage enterprise risk. Clients appreciate Caroline's ability to collaborate with witnesses, company stakeholders and factfinders – both inside and outside the courtroom – to achieve meaningful results.

Caroline maintains an active pro bono practice, representing clients in Hague proceedings as well as children and refugees in asylum proceedings in conjunction with the Political Asylum / Immigration Representation (PAIR) Project. She has drafted amicus briefs in cases pending before the U.S. Supreme Court and U.S. Circuit Courts of Appeals in the areas of technology, criminal justice, and reproductive rights.