People

Bradford Breen Senior Counsel

New York

Brad also advises professional services and financial services entities and technology companies regarding U.S. and international trademark and branding matters. He also has considerable experience in business method, electronic, semiconductor and computer patent counseling.

Angela Colt Senior Associate

New York

Angela’s multi-dimensional approach originates from her years as a broker and investment banker. During that time, she identified the ways in which business events affect consumer confidence and corporate earnings. Now as an IP litigator, she analyzes those variables in copyright, trademark, trade secret, false advertising, and consumer class actions.

She has handled high-profile disputes including:

• Desktop Metal, Inc. in a trade secret trial against Markforged related to 3D printing technology in federal court in Massachusetts;
• Christie’s, Inc. in securing the dismissal of a putative nationwide class action in the U.S. District Court for the Central District of California, which declared the California Resale Royalties Act unconstitutional and preempted by the Copyright Act;
• An international recording artist in obtaining a judgment in her favor on all counts and a dismissal with prejudice of all cross-claims in a dispute over the ownership of the rights to her music;
• The National Football League in obtaining a dismissal with prejudice of a complaint alleging fraudulent use of the plaintiff’s identity;
• Red Bull as a defendant in multiple putative class actions across the country challenging the nature and content of advertising statements regarding the benefits of Red Bull energy drinks;
• Estée Lauder in obtaining dismissals of national and state consumer class actions relating to the marketing and packaging statements on cosmetic products; and
• Hampton Creek in obtaining a dismissal of a nationwide consumer class action related to the marketing and packaging statements on Just Mayo products.

In addition to helping her corporate clients, Angela also devotes her time to various pro bono matters. She offers advice to the ACLU of Northern California, has drafted and argued an appeal in the Appellate Division (2d Dep’t) in a child abuse matter; and has taken and defended depositions for the City through the New York City Law Department’s Public Service Program.

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 inventors of AI technology in connection with class action copyright claims brought by copyright owners against Databricks related to training of LLMs.
• Advises AI technology companies with respect to litigation risks and potential copyright and Lanham Act claims
• 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.

Barry Levin Partner

San Francisco; New York

Barry is known in the market as “one of the most accomplished litigators,” “very effective in pursuing compelling themes and tearing down witnesses with polite cross-examination” (2017 Benchmark Litigation), and as "a real seasoned veteran of high-stakes litigation" (2020 Chambers USA). Barry has also been commended by his peers as a "fabulous lawyer" who is "very well regarded and really knows the area" (2016 Chambers USA). 

Barry has broad first chair experience in trial and arbitration, ranging from trial counsel for Johns-Manville Corporation in its coverage litigation involving asbestos-related bodily injury claims to successful domestic and international arbitrations on behalf of financial institutions, hospitals, and hospitality companies.  

Over the past 8 years, Barry has developed extensive experience in issues arising out of the financial crisis, including a range of issues relating to mortgage backed securities and lending practices.

He is a frequent lecturer in the area of litigation, insurance coverage and law firm management. Prior to joining Orrick, Barry was a shareholder at Heller Ehrman LLP.

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.

Lisa T. Simpson Partner

New York

Lisa has been recognized as one of the "Top 250 Women in IP" by Managing Intellectual Property and has received accolades from American Lawyer, Benchmark Litigation, The Legal 500 USA and New York Times Magazine with World Trademark Review 1000 noting that Lisa “marries a rich comprehension of IP law with a gift for connecting with people, making full use of each advantage in the courtroom.” Lisa was recently named to Lawdragon's 500 Leading Litigators in America list.

Trial Experience

Lisa has served as trial counsel across a wide range of matters. She recently served as co-lead trial counsel in a case in Delaware Chancery Court in a dispute over corporate control and ownership. She is currently serving as lead trial counsel in an energy distribution contract and rate dispute in North Dakota. Lisa also served as trial counsel for Oracle in its dispute with Google over the Java APIs in Android phones in the Northern District of California and served as trial counsel in a matter involving the trade dress of a hip implant medical device in the District of Colorado. Lisa has also served as trial counsel in a number of product liability matters involving allegations concerning talc, analgesics and herbicides.

Intellectual Property

Lisa handles a variety of high-profile trademark, trade secret, and copyright matters. Lisa’s copyright experience includes some of the leading copyright cases of the past decade: she represented Oracle in its litigation with Google over the Java APIs, represented DISH Networks, LCC in its copyright litigation with the broadcast networks over various features offered by DISH’s Hopper DVR, including AutoHop and Sling and served as counsel to Supap Kirtsaeng before the U.S. Supreme Court on the issue of the copyright first sale doctrine’s applicability to goods manufactured abroad.

Lisa’s trademark and trade secret litigation has spanned a variety of courts and industries: she successfully defended trademark infringement claims in the Northern District of California on behalf of Sony over its popular “Gran Turismo” racing video game and scored two separate wins in the Southern District of New York and then in the Second Circuit on behalf of client Sanei in trademark litigation brought by fashion designer Jill Stuart. Lisa also successful established secondary meaning and secured a preliminary injunction for the New York City Triathlon in S.D.N.Y. Lisa also represented a major pharmaceutical and healthcare company in trade secrets litigation concerning multi-payor coordination of prescription drug benefits loyalty cards.

Products Liability and Consumer Class Action

Lisa serves as counsel to Johnson & Johnson, Chanel, and Avon in cases asserting claims arising from the use of its talcum powder products, including claims of mesothelioma and ovarian cancer. She also represented Wyeth and Dow Agrosciences in a variety of complex products liability and consumer class action litigations. Lisa served as counsel in hundreds of product liability matters concerning injuries allegedly associated with childhood vaccines, handled litigations involving the labeling and advertising of Advil, and obtained the dismissal, prior to class certification, of a consumer class action in a matter concerning the calcium supplement Caltrate.

Current Pro Bono Representation

Lisa served as trial counsel for Planned Parenthood of Indiana and Kentucky, securing an important trial win invalidating as unconstitutional a statewide law that jeopardized access to safe and legal abortion services in Kentucky.
Lisa also has served in a variety of firm management roles, including on the Firm’s Management Committee, as Hiring Partner for the New York office as well as Partner-in-Charge of Firmwide Campus Recruiting and as a member of the Professional Development Committee.

Xiang Wang Partner

Beijing; New York

Xiang is a Guiding Expert of the China Overseas IP Dispute Response & Guidance Center.

He also serves several consultancy roles for local regulatory authorities, including as IP Guiding Expert of Shenzhen IP Protection Center; IP Guiding Expert of Zhejiang Province IP Protection Center; IP Consultant of Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee (Jiangsu Province); Expert of IP Dispute Investigation and Appraisal of Foshan Market Supervision and Administration Bureau (Guangdong Province); and Expert for Overseas IP Protection and Assistance of Foshan Intellectual Property Bureau (Guangdong Province).

Dr. Wang is an arbitrator of Beijing Arbitration Commission and Beijing International Arbitration Center.

Xiang has extensive experience in assisting local and foreign-based multinational companies with all aspects of their IP rights in the U.S. and China, including IP litigation and arbitration, patent infringement, industrial espionage, trade secret misappropriation, copyright and trademark infringement, ITC Sec. 337 investigations, patent office proceedings including inter partes reviews (IPR), IP due diligence and portfolio counseling, technology export control, mass torts and product liability, securities litigation, the Foreign Corrupt Practices Act (FCPA) and other investigations and compliance. These matters have implicated a vast array of technologies, from software and electronics to renewable energy and medical devices as well as agricultural and building materials, to name just a few.

Xiang also works extensively on cybersecurity investigations and data privacy compliance matters for both Chinese and international clients.

Xiang has been particularly active in Chinese state-owned enterprises related U.S. litigation. Clients turn to his strategic and innovative advice thanks to his in-depth understanding of their business needs and political risks. Clients appreciate that he “understood the environment in the China legal system and can give nuanced advice”.

Xiang has developed the region’s premier IP practice based on his reputation as one of the few IP lawyers who has a doctorate in electrical and computer engineering, a Juris Doctor, a Chinese Certificate of Laws, and admission to practice law in New York, Indiana and before the U.S. Patent and Trademark Office. Due to its success in patent disputes in the United States and China, involving both foreign and Chinese companies, Orrick IP team was exclusively featured in a documentary film “Patent Wars” by the China Central Television (CCTV).

Xiang is highly regarded for his practical legal advice that results from more than ten years of experience at medical and electronic device businesses before becoming a lawyer. He also has received four U.S. medical-technology patents in his name.