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Paul offers clients representation guided by a rich understanding of the intersection between music (and other content), technology, and business. He frequently speaks and publishes on legal developments in these fields and has over twenty-five years of experience litigating seminal cases involving the application of copyright and related law to digital media.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAlthough he helps clients with issues across many types of content, Paul has particularly deep experience resolving copyright issues relating to music, where clients operating at the cutting edge of technology require equally innovative legal representation. Paul offers creative solutions based on his deep understanding of copyright law and technology through counseling, government relations, and \u0026ndash; when necessary \u0026ndash; litigation.\u003c/p\u003e\n\u003cp\u003eAs an experienced copyright lawyer, former software developer and amateur musician, he is also proficient in software copyright litigation and has been advising clients regarding copyright issues related to machine learning and artificial intelligence technologies for over a decade. 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He routinely represents digital music services, as well as other media, software, and consumer products companies, in negotiations and disputes with record labels, music publishers, and other rights holders. His clients in these groundbreaking cases have included MP3.com, Yahoo!, Veoh, MediaNet, Sirius XM Radio, Pandora Media, Bill Graham Archives, ExpressVPN, Private Internet Access, and Music Choice. Paul obtained the only two royalty rate reductions ever granted by the Copyright Royalty Board (or its predecessors) and often makes new law on issues such as the DMCA safe harbor and fair use through representing clients in bet-the-company copyright infringement litigation across many industries.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eCounseling\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eClients seek Paul\u0026rsquo;s counsel in copyright, trademark, right of publicity, entertainment, computer, and Internet law issues in diverse industries, including the music, motion picture, publishing, software development, data security, and digital media industries.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eGovernment Relations\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eHe also advises on strategies for shaping copyright policy and represents clients\u0026rsquo; interest before government entities that impact the copyright ecosystem, such as Congress, the Copyright Office, and the Department of Justice.\u003c/p\u003e\n\u003cp\u003eClients served by Paul have included Sirius XM, Pandora, Music Choice, the Orchestra Music Licensing Association, Google, the Television Music Licensing Committee, MediaNet, MP3.com, LaunchCast, Veoh Networks, and Express VPN.\u003c/p\u003e","slug":"paul-fakler","email":"pfakler@kslaw.com","phone":null,"matters":["\u003cp\u003ePandora Media in group of copyright infringement cases coordinated by purported licensing collective, Word Collections, on behalf of alleged owners of the copyrights in jokes and comedy routines embodied in comedy sound recordings available on Pandora\u0026rsquo;s streaming service. In this case, the plaintiffs seek to disrupt decades of industry custom and practice by claiming that Pandora must separately license rights to the underlying jokes in addition to their existing licenses to stream the sound recordings. Paul served as head of a large, multidisciplinary team not only for Pandora\u0026rsquo;s defense of these actions, but also in counterclaims against the plaintiffs and Word Collections for violation of various antitrust laws.\u003c/p\u003e","\u003cp\u003eMusic Choice, the world\u0026rsquo;s first digital music service, in litigation brought by SoundExchange, alleging underpayment of statutory license royalties for Music Choice\u0026rsquo;s commercial background music service.\u003c/p\u003e","\u003cp\u003eSeveral technology companies, from startups to a Fortune 500 semiconductor and software company, advising on the copyright issues raised by the training, commercialization, and use of artificial intelligence and other machine learning technologies.\u003c/p\u003e","\u003cp\u003eThe Television Music Licensing Committee in connection with negotiations and potential rate court litigation against various Performing Rights Organizations.\u003c/p\u003e","\u003cp\u003eBill Graham Archives, operator of the Wolfgang\u0026rsquo;s and Concert Vault music services, in class action copyright infringement litigation arising from allegations that the company failed to secure mechanical and synchronization licenses for on-demand streaming of its collection of live concert audio and video recordings on its websites.\u003c/p\u003e","\u003cp\u003eDigital music service MediaNet in litigations brought by various songwriters and music publishers relating to mechanical license requirements, leading to favorable settlements.\u003c/p\u003e","\u003cp\u003eMP3.com digital music service in various copyright infringement lawsuits brought by record labels and music publishers relating to music streaming service, including litigation of whether musical sound recordings are works made for hire under the Copyright Act.\u003c/p\u003e","\u003cp\u003eYahoo! in a copyright case brought by the recording industry, determining the eligibility of Yahoo!\u0026rsquo;s LaunchCast webcasting service for a statutory copyright license.\u003c/p\u003e","\u003cp\u003eSymphonic rock band Trans-Siberian Orchestra in copyright infringement case relating to album art and band merchandise, leading to favorable settlement.\u003c/p\u003e","\u003cp\u003eScottish software developer in copyright infringement case brought by its competitor, one of the world\u0026rsquo;s largest ATM hardware and software companies.\u003c/p\u003e","\u003cp\u003eProminent law firm in copyright infringement case relating to computer software used to process specialized financial transactions, successfully reversing preliminary injunction on appeal to the Second Circuit.\u003c/p\u003e","\u003cp\u003ePublications International, Ltd. in a case brought by the makers of Beanie Babies plush toys arising out of the publication of a Beanie Babies collector\u0026rsquo;s guide.\u003c/p\u003e","\u003cp\u003eSeveral Virtual Private Network (VPN) service providers, including ExpressVPN and Private Internet Access, in bet-the-industry copyright litigation brought by a group of independent movie production companies in courts throughout the country, seeking to hold VPN providers liable for the alleged movie piracy of individual consumers using VPN services. Recently negotiated favorable settlement for two VPNs, while proceeding to litigation for another.\u003c/p\u003e","\u003cp\u003eMajor cosmetics company in connection with copyright infringement claims brought by major record and music publishing companies, based upon the posting or re-posting of videos that contain background music on social media accounts, including those by influencers and ordinary consumers.\u003c/p\u003e","\u003cp\u003eMusic Choice in connection with the current Preexisting Subscription Service license rate proceeding (SDARS IV) before the Copyright Royalty Board, as well as every prior rate proceeding for Music Choice since the creation of the CRB. Obtained the second rate decrease in the history of the CRB (and its predecessors) in same year when other licensees\u0026rsquo; rates were increased by over 40%. Recently won appeal of ancillary issue before the D.C. Circuit, obtaining rare reversal of both the Register of Copyrights and the Board.\u003c/p\u003e","\u003cp\u003eTrade association Orchestra Music Licensing Association (\u0026ldquo;OMLA\u0026rdquo;), representing the interests of symphony orchestras in connection with various music rights and licensing issues, including Performing Rights Organization license negotiations, the Copyright Office\u0026rsquo;s \u0026ldquo;technical measures\u0026rdquo; study, and disputes regarding the creation and use of custom orchestrations of popular music by \u0026ldquo;pops\u0026rdquo; orchestras.\u003c/p\u003e","\u003cp\u003eSirius XM Radio, Music Choice, Cincinnati Symphony Orchestra, and other music licensees in connection with the Department of Justice\u0026rsquo;s 2014-2015 and 2019-2021 reviews of the ASCAP and BMI consent decrees. In both review proceedings, Paul\u0026rsquo;s work resulted in DOJ closing the review without making any of the harmful changes requested by ASCAP, BMI, and music publishers.\u003c/p\u003e","\u003cp\u003eVarious digital music services and other music licensees in connection with the negotiation, drafting, and enactment of the Music Modernization Act, including assisting clients in preparing for testimony at congressional hearings, lobbying, and obtaining key changes in the legislation to advance clients\u0026rsquo; interests.\u003c/p\u003e","\u003cp\u003eSirius XM Satellite Radio in the Webcasting IV royalty rate proceeding before the Copyright Royalty Board, resulting in the first royalty rate decrease ever granted by the Board or its predecessors.\u003c/p\u003e","\u003cp\u003eNational trade association for broadcasters and Music Choice in connection with Copyright Office music licensing policy hearings.\u003c/p\u003e","\u003cp\u003eThe unsecured creditors\u0026rsquo; committee in the Cengage Learning bankruptcy, the largest Chapter 11 filing of 2013. Developed a novel copyright strategy that placed the liens on all the debtor\u0026rsquo;s copyrights at risk, leading to a significantly increased recovery for the unsecured creditors.\u003c/p\u003e","\u003cp\u003eSylvain Sylvain, founding member of seminal proto-punk band New York Dolls, successfully obtaining cancellation of trademark registration improperly obtained by David Johansen\u0026rsquo;s personal corporation.\u003c/p\u003e","\u003cp\u003eMembers of The Allman Brothers Band in litigation against UMG Recordings, Inc. for failure to pay royalties at the correct rate for digital downloads and other digital exploitation of several classic albums by The Allman Brothers Band.\u003c/p\u003e","\u003cp\u003eFamous artist Greg Hildebrandt, in DMCA fraudulent takedown notice litigation.\u003c/p\u003e","\u003cp\u003eFirst Niagara Insurance Brokers in $530 million trademark infringement action against First Niagara Financial Group.\u003c/p\u003e","\u003cp\u003eBill Graham Archives LLC with respect to various copyright, trademark, right of publicity, and other intellectual property disputes relating to the operation of its Wolfgang\u0026rsquo;s Vault website and exploitation of its rights to a large collection of sound recordings, poster art, and vintage rock and roll memorabilia.\u003c/p\u003e","\u003cp\u003eDomain name registrar Register.com in obtaining a preliminary injunction, affirmed on appeal, stopping the defendant from harvesting customer data from Register.com\u0026rsquo;s WHOIS database.\u003c/p\u003e","\u003cp\u003eAn individual client in action to obtain subpoenas to trace identity of defendants who had posted defamatory statements on Internet forums.\u003c/p\u003e","\u003cp\u003eA religious organization in a trademark action relating to the unauthorized use of the client\u0026rsquo;s trademark in a third-level domain name.\u003c/p\u003e","\u003cp\u003eCaesar\u0026rsquo;s World, Inc. in one of the first in rem cases brought under the Anticybersquatting Consumer Protection Act.\u003c/p\u003e","\u003cp\u003eDefeated preliminary injunction action brought by comedian Jackie Mason against a religious organization arising from the use of Mr. Mason\u0026rsquo;s name and likeness in a parody on a religious tract.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":1,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":2,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":3,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":4,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":5,"source":"capabilities"},{"id":133,"guid":"133.capabilities","index":6,"source":"capabilities"},{"id":1233,"guid":"1233.smart_tags","index":7,"source":"smartTags"}],"is_active":true,"last_name":"Fakler","nick_name":"Paul","clerkships":[{"name":"Law Clerk, Hon. Peter T. Fay, U.S. Court of Appeals for the Eleventh Circuit","years_held":"1998 - 1999"}],"first_name":"Paul","title_rank":9999,"updated_by":34,"law_schools":[{"id":755,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"1998-01-01 00:00:00"},"order":0,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"“Top Music Lawyer”","detail":"Billboard Magazine"},{"title":"Ranked as a leading Media and Entertainment litigator, and Copyright and Trademark lawyer","detail":"Chambers \u0026 Partners USA"},{"title":"Ranked","detail":"The Legal 500"},{"title":"Named a WIPR leader","detail":"World IP Review"},{"title":"Ranked a “Premier IP Star (Litigation)” in New York","detail":"Managing Intellectual Property"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003ePaul Fakler advises and helps favorably resolve cases for companies in the streaming, broadcasting, media, software, and other industries to advance their business objectives. Paul offers clients representation guided by a rich understanding of the intersection between music (and other content), technology, and business. He frequently speaks and publishes on legal developments in these fields and has over twenty-five years of experience litigating seminal cases involving the application of copyright and related law to digital media.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAlthough he helps clients with issues across many types of content, Paul has particularly deep experience resolving copyright issues relating to music, where clients operating at the cutting edge of technology require equally innovative legal representation. Paul offers creative solutions based on his deep understanding of copyright law and technology through counseling, government relations, and \u0026ndash; when necessary \u0026ndash; litigation.\u003c/p\u003e\n\u003cp\u003eAs an experienced copyright lawyer, former software developer and amateur musician, he is also proficient in software copyright litigation and has been advising clients regarding copyright issues related to machine learning and artificial intelligence technologies for over a decade. He is one of the few lawyers in the country with extensive first-chair experience before the Copyright Royalty Board and other royalty rate setting venues.\u003c/p\u003e\n\u003cp\u003eHis experience spans many issues, including:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eCopyright issues implicated by the training and use of artificial intelligence and other machine learning\u003c/li\u003e\n\u003cli\u003eDigital media and other technologies\u003c/li\u003e\n\u003cli\u003eMusic licensing and copyright royalty rate litigation\u003c/li\u003e\n\u003cli\u003eRoyalty audits and payment disputes\u003c/li\u003e\n\u003cli\u003eCopyright infringement disputes\u003c/li\u003e\n\u003cli\u003eFair use and other defenses\u003c/li\u003e\n\u003cli\u003eThe DMCA and its safe harbor for online service providers\u003c/li\u003e\n\u003cli\u003eCopyright policy matters\u003c/li\u003e\n\u003cli\u003eGovernment affairs\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003e\u003cstrong\u003eLitigation \u0026amp; Licensing\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003ePaul has litigated numerous high-profile copyright cases involving digital media, copyright, and the Internet. He routinely represents digital music services, as well as other media, software, and consumer products companies, in negotiations and disputes with record labels, music publishers, and other rights holders. His clients in these groundbreaking cases have included MP3.com, Yahoo!, Veoh, MediaNet, Sirius XM Radio, Pandora Media, Bill Graham Archives, ExpressVPN, Private Internet Access, and Music Choice. Paul obtained the only two royalty rate reductions ever granted by the Copyright Royalty Board (or its predecessors) and often makes new law on issues such as the DMCA safe harbor and fair use through representing clients in bet-the-company copyright infringement litigation across many industries.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eCounseling\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eClients seek Paul\u0026rsquo;s counsel in copyright, trademark, right of publicity, entertainment, computer, and Internet law issues in diverse industries, including the music, motion picture, publishing, software development, data security, and digital media industries.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003eGovernment Relations\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eHe also advises on strategies for shaping copyright policy and represents clients\u0026rsquo; interest before government entities that impact the copyright ecosystem, such as Congress, the Copyright Office, and the Department of Justice.\u003c/p\u003e\n\u003cp\u003eClients served by Paul have included Sirius XM, Pandora, Music Choice, the Orchestra Music Licensing Association, Google, the Television Music Licensing Committee, MediaNet, MP3.com, LaunchCast, Veoh Networks, and Express VPN.\u003c/p\u003e","matters":["\u003cp\u003ePandora Media in group of copyright infringement cases coordinated by purported licensing collective, Word Collections, on behalf of alleged owners of the copyrights in jokes and comedy routines embodied in comedy sound recordings available on Pandora\u0026rsquo;s streaming service. In this case, the plaintiffs seek to disrupt decades of industry custom and practice by claiming that Pandora must separately license rights to the underlying jokes in addition to their existing licenses to stream the sound recordings. Paul served as head of a large, multidisciplinary team not only for Pandora\u0026rsquo;s defense of these actions, but also in counterclaims against the plaintiffs and Word Collections for violation of various antitrust laws.\u003c/p\u003e","\u003cp\u003eMusic Choice, the world\u0026rsquo;s first digital music service, in litigation brought by SoundExchange, alleging underpayment of statutory license royalties for Music Choice\u0026rsquo;s commercial background music service.\u003c/p\u003e","\u003cp\u003eSeveral technology companies, from startups to a Fortune 500 semiconductor and software company, advising on the copyright issues raised by the training, commercialization, and use of artificial intelligence and other machine learning technologies.\u003c/p\u003e","\u003cp\u003eThe Television Music Licensing Committee in connection with negotiations and potential rate court litigation against various Performing Rights Organizations.\u003c/p\u003e","\u003cp\u003eBill Graham Archives, operator of the Wolfgang\u0026rsquo;s and Concert Vault music services, in class action copyright infringement litigation arising from allegations that the company failed to secure mechanical and synchronization licenses for on-demand streaming of its collection of live concert audio and video recordings on its websites.\u003c/p\u003e","\u003cp\u003eDigital music service MediaNet in litigations brought by various songwriters and music publishers relating to mechanical license requirements, leading to favorable settlements.\u003c/p\u003e","\u003cp\u003eMP3.com digital music service in various copyright infringement lawsuits brought by record labels and music publishers relating to music streaming service, including litigation of whether musical sound recordings are works made for hire under the Copyright Act.\u003c/p\u003e","\u003cp\u003eYahoo! in a copyright case brought by the recording industry, determining the eligibility of Yahoo!\u0026rsquo;s LaunchCast webcasting service for a statutory copyright license.\u003c/p\u003e","\u003cp\u003eSymphonic rock band Trans-Siberian Orchestra in copyright infringement case relating to album art and band merchandise, leading to favorable settlement.\u003c/p\u003e","\u003cp\u003eScottish software developer in copyright infringement case brought by its competitor, one of the world\u0026rsquo;s largest ATM hardware and software companies.\u003c/p\u003e","\u003cp\u003eProminent law firm in copyright infringement case relating to computer software used to process specialized financial transactions, successfully reversing preliminary injunction on appeal to the Second Circuit.\u003c/p\u003e","\u003cp\u003ePublications International, Ltd. in a case brought by the makers of Beanie Babies plush toys arising out of the publication of a Beanie Babies collector\u0026rsquo;s guide.\u003c/p\u003e","\u003cp\u003eSeveral Virtual Private Network (VPN) service providers, including ExpressVPN and Private Internet Access, in bet-the-industry copyright litigation brought by a group of independent movie production companies in courts throughout the country, seeking to hold VPN providers liable for the alleged movie piracy of individual consumers using VPN services. Recently negotiated favorable settlement for two VPNs, while proceeding to litigation for another.\u003c/p\u003e","\u003cp\u003eMajor cosmetics company in connection with copyright infringement claims brought by major record and music publishing companies, based upon the posting or re-posting of videos that contain background music on social media accounts, including those by influencers and ordinary consumers.\u003c/p\u003e","\u003cp\u003eMusic Choice in connection with the current Preexisting Subscription Service license rate proceeding (SDARS IV) before the Copyright Royalty Board, as well as every prior rate proceeding for Music Choice since the creation of the CRB. Obtained the second rate decrease in the history of the CRB (and its predecessors) in same year when other licensees\u0026rsquo; rates were increased by over 40%. Recently won appeal of ancillary issue before the D.C. Circuit, obtaining rare reversal of both the Register of Copyrights and the Board.\u003c/p\u003e","\u003cp\u003eTrade association Orchestra Music Licensing Association (\u0026ldquo;OMLA\u0026rdquo;), representing the interests of symphony orchestras in connection with various music rights and licensing issues, including Performing Rights Organization license negotiations, the Copyright Office\u0026rsquo;s \u0026ldquo;technical measures\u0026rdquo; study, and disputes regarding the creation and use of custom orchestrations of popular music by \u0026ldquo;pops\u0026rdquo; orchestras.\u003c/p\u003e","\u003cp\u003eSirius XM Radio, Music Choice, Cincinnati Symphony Orchestra, and other music licensees in connection with the Department of Justice\u0026rsquo;s 2014-2015 and 2019-2021 reviews of the ASCAP and BMI consent decrees. In both review proceedings, Paul\u0026rsquo;s work resulted in DOJ closing the review without making any of the harmful changes requested by ASCAP, BMI, and music publishers.\u003c/p\u003e","\u003cp\u003eVarious digital music services and other music licensees in connection with the negotiation, drafting, and enactment of the Music Modernization Act, including assisting clients in preparing for testimony at congressional hearings, lobbying, and obtaining key changes in the legislation to advance clients\u0026rsquo; interests.\u003c/p\u003e","\u003cp\u003eSirius XM Satellite Radio in the Webcasting IV royalty rate proceeding before the Copyright Royalty Board, resulting in the first royalty rate decrease ever granted by the Board or its predecessors.\u003c/p\u003e","\u003cp\u003eNational trade association for broadcasters and Music Choice in connection with Copyright Office music licensing policy hearings.\u003c/p\u003e","\u003cp\u003eThe unsecured creditors\u0026rsquo; committee in the Cengage Learning bankruptcy, the largest Chapter 11 filing of 2013. Developed a novel copyright strategy that placed the liens on all the debtor\u0026rsquo;s copyrights at risk, leading to a significantly increased recovery for the unsecured creditors.\u003c/p\u003e","\u003cp\u003eSylvain Sylvain, founding member of seminal proto-punk band New York Dolls, successfully obtaining cancellation of trademark registration improperly obtained by David Johansen\u0026rsquo;s personal corporation.\u003c/p\u003e","\u003cp\u003eMembers of The Allman Brothers Band in litigation against UMG Recordings, Inc. for failure to pay royalties at the correct rate for digital downloads and other digital exploitation of several classic albums by The Allman Brothers Band.\u003c/p\u003e","\u003cp\u003eFamous artist Greg Hildebrandt, in DMCA fraudulent takedown notice litigation.\u003c/p\u003e","\u003cp\u003eFirst Niagara Insurance Brokers in $530 million trademark infringement action against First Niagara Financial Group.\u003c/p\u003e","\u003cp\u003eBill Graham Archives LLC with respect to various copyright, trademark, right of publicity, and other intellectual property disputes relating to the operation of its Wolfgang\u0026rsquo;s Vault website and exploitation of its rights to a large collection of sound recordings, poster art, and vintage rock and roll memorabilia.\u003c/p\u003e","\u003cp\u003eDomain name registrar Register.com in obtaining a preliminary injunction, affirmed on appeal, stopping the defendant from harvesting customer data from Register.com\u0026rsquo;s WHOIS database.\u003c/p\u003e","\u003cp\u003eAn individual client in action to obtain subpoenas to trace identity of defendants who had posted defamatory statements on Internet forums.\u003c/p\u003e","\u003cp\u003eA religious organization in a trademark action relating to the unauthorized use of the client\u0026rsquo;s trademark in a third-level domain name.\u003c/p\u003e","\u003cp\u003eCaesar\u0026rsquo;s World, Inc. in one of the first in rem cases brought under the Anticybersquatting Consumer Protection Act.\u003c/p\u003e","\u003cp\u003eDefeated preliminary injunction action brought by comedian Jackie Mason against a religious organization arising from the use of Mr. Mason\u0026rsquo;s name and likeness in a parody on a religious tract.\u003c/p\u003e"],"recognitions":[{"title":"“Top Music Lawyer”","detail":"Billboard Magazine"},{"title":"Ranked as a leading Media and Entertainment litigator, and Copyright and Trademark lawyer","detail":"Chambers \u0026 Partners USA"},{"title":"Ranked","detail":"The Legal 500"},{"title":"Named a WIPR leader","detail":"World IP Review"},{"title":"Ranked a “Premier IP Star (Litigation)” in New York","detail":"Managing Intellectual Property"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13303}]},"capability_group_id":3},"created_at":"2026-01-20T22:04:02.000Z","updated_at":"2026-01-20T22:04:02.000Z","searchable_text":"Fakler{{ FIELD }}{:title=\u0026gt;\"“Top Music Lawyer”\", :detail=\u0026gt;\"Billboard Magazine\"}{{ FIELD }}{:title=\u0026gt;\"Ranked as a leading Media and Entertainment litigator, and Copyright and Trademark lawyer\", :detail=\u0026gt;\"Chambers \u0026amp; Partners USA\"}{{ FIELD }}{:title=\u0026gt;\"Ranked\", :detail=\u0026gt;\"The Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"Named a WIPR leader\", :detail=\u0026gt;\"World IP Review\"}{{ FIELD }}{:title=\u0026gt;\"Ranked a “Premier IP Star (Litigation)” in New York\", :detail=\u0026gt;\"Managing Intellectual Property\"}{{ FIELD }}Pandora Media in group of copyright infringement cases coordinated by purported licensing collective, Word Collections, on behalf of alleged owners of the copyrights in jokes and comedy routines embodied in comedy sound recordings available on Pandora’s streaming service. In this case, the plaintiffs seek to disrupt decades of industry custom and practice by claiming that Pandora must separately license rights to the underlying jokes in addition to their existing licenses to stream the sound recordings. Paul served as head of a large, multidisciplinary team not only for Pandora’s defense of these actions, but also in counterclaims against the plaintiffs and Word Collections for violation of various antitrust laws.{{ FIELD }}Music Choice, the world’s first digital music service, in litigation brought by SoundExchange, alleging underpayment of statutory license royalties for Music Choice’s commercial background music service.{{ FIELD }}Several technology companies, from startups to a Fortune 500 semiconductor and software company, advising on the copyright issues raised by the training, commercialization, and use of artificial intelligence and other machine learning technologies.{{ FIELD }}The Television Music Licensing Committee in connection with negotiations and potential rate court litigation against various Performing Rights Organizations.{{ FIELD }}Bill Graham Archives, operator of the Wolfgang’s and Concert Vault music services, in class action copyright infringement litigation arising from allegations that the company failed to secure mechanical and synchronization licenses for on-demand streaming of its collection of live concert audio and video recordings on its websites.{{ FIELD }}Digital music service MediaNet in litigations brought by various songwriters and music publishers relating to mechanical license requirements, leading to favorable settlements.{{ FIELD }}MP3.com digital music service in various copyright infringement lawsuits brought by record labels and music publishers relating to music streaming service, including litigation of whether musical sound recordings are works made for hire under the Copyright Act.{{ FIELD }}Yahoo! in a copyright case brought by the recording industry, determining the eligibility of Yahoo!’s LaunchCast webcasting service for a statutory copyright license.{{ FIELD }}Symphonic rock band Trans-Siberian Orchestra in copyright infringement case relating to album art and band merchandise, leading to favorable settlement.{{ FIELD }}Scottish software developer in copyright infringement case brought by its competitor, one of the world’s largest ATM hardware and software companies.{{ FIELD }}Prominent law firm in copyright infringement case relating to computer software used to process specialized financial transactions, successfully reversing preliminary injunction on appeal to the Second Circuit.{{ FIELD }}Publications International, Ltd. in a case brought by the makers of Beanie Babies plush toys arising out of the publication of a Beanie Babies collector’s guide.{{ FIELD }}Several Virtual Private Network (VPN) service providers, including ExpressVPN and Private Internet Access, in bet-the-industry copyright litigation brought by a group of independent movie production companies in courts throughout the country, seeking to hold VPN providers liable for the alleged movie piracy of individual consumers using VPN services. Recently negotiated favorable settlement for two VPNs, while proceeding to litigation for another.{{ FIELD }}Major cosmetics company in connection with copyright infringement claims brought by major record and music publishing companies, based upon the posting or re-posting of videos that contain background music on social media accounts, including those by influencers and ordinary consumers.{{ FIELD }}Music Choice in connection with the current Preexisting Subscription Service license rate proceeding (SDARS IV) before the Copyright Royalty Board, as well as every prior rate proceeding for Music Choice since the creation of the CRB. Obtained the second rate decrease in the history of the CRB (and its predecessors) in same year when other licensees’ rates were increased by over 40%. Recently won appeal of ancillary issue before the D.C. Circuit, obtaining rare reversal of both the Register of Copyrights and the Board.{{ FIELD }}Trade association Orchestra Music Licensing Association (“OMLA”), representing the interests of symphony orchestras in connection with various music rights and licensing issues, including Performing Rights Organization license negotiations, the Copyright Office’s “technical measures” study, and disputes regarding the creation and use of custom orchestrations of popular music by “pops” orchestras.{{ FIELD }}Sirius XM Radio, Music Choice, Cincinnati Symphony Orchestra, and other music licensees in connection with the Department of Justice’s 2014-2015 and 2019-2021 reviews of the ASCAP and BMI consent decrees. In both review proceedings, Paul’s work resulted in DOJ closing the review without making any of the harmful changes requested by ASCAP, BMI, and music publishers.{{ FIELD }}Various digital music services and other music licensees in connection with the negotiation, drafting, and enactment of the Music Modernization Act, including assisting clients in preparing for testimony at congressional hearings, lobbying, and obtaining key changes in the legislation to advance clients’ interests.{{ FIELD }}Sirius XM Satellite Radio in the Webcasting IV royalty rate proceeding before the Copyright Royalty Board, resulting in the first royalty rate decrease ever granted by the Board or its predecessors.{{ FIELD }}National trade association for broadcasters and Music Choice in connection with Copyright Office music licensing policy hearings.{{ FIELD }}The unsecured creditors’ committee in the Cengage Learning bankruptcy, the largest Chapter 11 filing of 2013. Developed a novel copyright strategy that placed the liens on all the debtor’s copyrights at risk, leading to a significantly increased recovery for the unsecured creditors.{{ FIELD }}Sylvain Sylvain, founding member of seminal proto-punk band New York Dolls, successfully obtaining cancellation of trademark registration improperly obtained by David Johansen’s personal corporation.{{ FIELD }}Members of The Allman Brothers Band in litigation against UMG Recordings, Inc. for failure to pay royalties at the correct rate for digital downloads and other digital exploitation of several classic albums by The Allman Brothers Band.{{ FIELD }}Famous artist Greg Hildebrandt, in DMCA fraudulent takedown notice litigation.{{ FIELD }}First Niagara Insurance Brokers in $530 million trademark infringement action against First Niagara Financial Group.{{ FIELD }}Bill Graham Archives LLC with respect to various copyright, trademark, right of publicity, and other intellectual property disputes relating to the operation of its Wolfgang’s Vault website and exploitation of its rights to a large collection of sound recordings, poster art, and vintage rock and roll memorabilia.{{ FIELD }}Domain name registrar Register.com in obtaining a preliminary injunction, affirmed on appeal, stopping the defendant from harvesting customer data from Register.com’s WHOIS database.{{ FIELD }}An individual client in action to obtain subpoenas to trace identity of defendants who had posted defamatory statements on Internet forums.{{ FIELD }}A religious organization in a trademark action relating to the unauthorized use of the client’s trademark in a third-level domain name.{{ FIELD }}Caesar’s World, Inc. in one of the first in rem cases brought under the Anticybersquatting Consumer Protection Act.{{ FIELD }}Defeated preliminary injunction action brought by comedian Jackie Mason against a religious organization arising from the use of Mr. Mason’s name and likeness in a parody on a religious tract.{{ FIELD }}Paul Fakler advises and helps favorably resolve cases for companies in the streaming, broadcasting, media, software, and other industries to advance their business objectives. Paul offers clients representation guided by a rich understanding of the intersection between music (and other content), technology, and business. He frequently speaks and publishes on legal developments in these fields and has over twenty-five years of experience litigating seminal cases involving the application of copyright and related law to digital media.\nAlthough he helps clients with issues across many types of content, Paul has particularly deep experience resolving copyright issues relating to music, where clients operating at the cutting edge of technology require equally innovative legal representation. Paul offers creative solutions based on his deep understanding of copyright law and technology through counseling, government relations, and – when necessary – litigation.\nAs an experienced copyright lawyer, former software developer and amateur musician, he is also proficient in software copyright litigation and has been advising clients regarding copyright issues related to machine learning and artificial intelligence technologies for over a decade. He is one of the few lawyers in the country with extensive first-chair experience before the Copyright Royalty Board and other royalty rate setting venues.\nHis experience spans many issues, including:\n\nCopyright issues implicated by the training and use of artificial intelligence and other machine learning\nDigital media and other technologies\nMusic licensing and copyright royalty rate litigation\nRoyalty audits and payment disputes\nCopyright infringement disputes\nFair use and other defenses\nThe DMCA and its safe harbor for online service providers\nCopyright policy matters\nGovernment affairs\n\nLitigation \u0026amp; Licensing\nPaul has litigated numerous high-profile copyright cases involving digital media, copyright, and the Internet. He routinely represents digital music services, as well as other media, software, and consumer products companies, in negotiations and disputes with record labels, music publishers, and other rights holders. His clients in these groundbreaking cases have included MP3.com, Yahoo!, Veoh, MediaNet, Sirius XM Radio, Pandora Media, Bill Graham Archives, ExpressVPN, Private Internet Access, and Music Choice. Paul obtained the only two royalty rate reductions ever granted by the Copyright Royalty Board (or its predecessors) and often makes new law on issues such as the DMCA safe harbor and fair use through representing clients in bet-the-company copyright infringement litigation across many industries.\nCounseling\nClients seek Paul’s counsel in copyright, trademark, right of publicity, entertainment, computer, and Internet law issues in diverse industries, including the music, motion picture, publishing, software development, data security, and digital media industries.\nGovernment Relations\nHe also advises on strategies for shaping copyright policy and represents clients’ interest before government entities that impact the copyright ecosystem, such as Congress, the Copyright Office, and the Department of Justice.\nClients served by Paul have included Sirius XM, Pandora, Music Choice, the Orchestra Music Licensing Association, Google, the Television Music Licensing Committee, MediaNet, MP3.com, LaunchCast, Veoh Networks, and Express VPN. Partner “Top Music Lawyer” Billboard Magazine Ranked as a leading Media and Entertainment litigator, and Copyright and Trademark lawyer Chambers \u0026amp; Partners USA Ranked The Legal 500 Named a WIPR leader World IP Review Ranked a “Premier IP Star (Litigation)” in New York Managing Intellectual Property Georgetown University Georgetown University Law Center U.S. Court of Appeals for the Federal Circuit Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Seventh Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the D.C. Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Western District of New York U.S. District Court for the District of Columbia New York Clerked for the Hon. Peter T. Fay, United States Court of Appeals, Eleventh Circuit New York State Bar Association, Intellectual Property Law Section, Former Chair Copyright Society of the USA, Member Law Clerk, Hon. Peter T. Fay, U.S. Court of Appeals for the Eleventh Circuit Pandora Media in group of copyright infringement cases coordinated by purported licensing collective, Word Collections, on behalf of alleged owners of the copyrights in jokes and comedy routines embodied in comedy sound recordings available on Pandora’s streaming service. In this case, the plaintiffs seek to disrupt decades of industry custom and practice by claiming that Pandora must separately license rights to the underlying jokes in addition to their existing licenses to stream the sound recordings. Paul served as head of a large, multidisciplinary team not only for Pandora’s defense of these actions, but also in counterclaims against the plaintiffs and Word Collections for violation of various antitrust laws. Music Choice, the world’s first digital music service, in litigation brought by SoundExchange, alleging underpayment of statutory license royalties for Music Choice’s commercial background music service. Several technology companies, from startups to a Fortune 500 semiconductor and software company, advising on the copyright issues raised by the training, commercialization, and use of artificial intelligence and other machine learning technologies. The Television Music Licensing Committee in connection with negotiations and potential rate court litigation against various Performing Rights Organizations. Bill Graham Archives, operator of the Wolfgang’s and Concert Vault music services, in class action copyright infringement litigation arising from allegations that the company failed to secure mechanical and synchronization licenses for on-demand streaming of its collection of live concert audio and video recordings on its websites. Digital music service MediaNet in litigations brought by various songwriters and music publishers relating to mechanical license requirements, leading to favorable settlements. MP3.com digital music service in various copyright infringement lawsuits brought by record labels and music publishers relating to music streaming service, including litigation of whether musical sound recordings are works made for hire under the Copyright Act. Yahoo! in a copyright case brought by the recording industry, determining the eligibility of Yahoo!’s LaunchCast webcasting service for a statutory copyright license. Symphonic rock band Trans-Siberian Orchestra in copyright infringement case relating to album art and band merchandise, leading to favorable settlement. Scottish software developer in copyright infringement case brought by its competitor, one of the world’s largest ATM hardware and software companies. Prominent law firm in copyright infringement case relating to computer software used to process specialized financial transactions, successfully reversing preliminary injunction on appeal to the Second Circuit. Publications International, Ltd. in a case brought by the makers of Beanie Babies plush toys arising out of the publication of a Beanie Babies collector’s guide. Several Virtual Private Network (VPN) service providers, including ExpressVPN and Private Internet Access, in bet-the-industry copyright litigation brought by a group of independent movie production companies in courts throughout the country, seeking to hold VPN providers liable for the alleged movie piracy of individual consumers using VPN services. Recently negotiated favorable settlement for two VPNs, while proceeding to litigation for another. Major cosmetics company in connection with copyright infringement claims brought by major record and music publishing companies, based upon the posting or re-posting of videos that contain background music on social media accounts, including those by influencers and ordinary consumers. Music Choice in connection with the current Preexisting Subscription Service license rate proceeding (SDARS IV) before the Copyright Royalty Board, as well as every prior rate proceeding for Music Choice since the creation of the CRB. Obtained the second rate decrease in the history of the CRB (and its predecessors) in same year when other licensees’ rates were increased by over 40%. Recently won appeal of ancillary issue before the D.C. Circuit, obtaining rare reversal of both the Register of Copyrights and the Board. Trade association Orchestra Music Licensing Association (“OMLA”), representing the interests of symphony orchestras in connection with various music rights and licensing issues, including Performing Rights Organization license negotiations, the Copyright Office’s “technical measures” study, and disputes regarding the creation and use of custom orchestrations of popular music by “pops” orchestras. Sirius XM Radio, Music Choice, Cincinnati Symphony Orchestra, and other music licensees in connection with the Department of Justice’s 2014-2015 and 2019-2021 reviews of the ASCAP and BMI consent decrees. In both review proceedings, Paul’s work resulted in DOJ closing the review without making any of the harmful changes requested by ASCAP, BMI, and music publishers. Various digital music services and other music licensees in connection with the negotiation, drafting, and enactment of the Music Modernization Act, including assisting clients in preparing for testimony at congressional hearings, lobbying, and obtaining key changes in the legislation to advance clients’ interests. Sirius XM Satellite Radio in the Webcasting IV royalty rate proceeding before the Copyright Royalty Board, resulting in the first royalty rate decrease ever granted by the Board or its predecessors. National trade association for broadcasters and Music Choice in connection with Copyright Office music licensing policy hearings. The unsecured creditors’ committee in the Cengage Learning bankruptcy, the largest Chapter 11 filing of 2013. Developed a novel copyright strategy that placed the liens on all the debtor’s copyrights at risk, leading to a significantly increased recovery for the unsecured creditors. Sylvain Sylvain, founding member of seminal proto-punk band New York Dolls, successfully obtaining cancellation of trademark registration improperly obtained by David Johansen’s personal corporation. Members of The Allman Brothers Band in litigation against UMG Recordings, Inc. for failure to pay royalties at the correct rate for digital downloads and other digital exploitation of several classic albums by The Allman Brothers Band. Famous artist Greg Hildebrandt, in DMCA fraudulent takedown notice litigation. First Niagara Insurance Brokers in $530 million trademark infringement action against First Niagara Financial Group. Bill Graham Archives LLC with respect to various copyright, trademark, right of publicity, and other intellectual property disputes relating to the operation of its Wolfgang’s Vault website and exploitation of its rights to a large collection of sound recordings, poster art, and vintage rock and roll memorabilia. Domain name registrar Register.com in obtaining a preliminary injunction, affirmed on appeal, stopping the defendant from harvesting customer data from Register.com’s WHOIS database. An individual client in action to obtain subpoenas to trace identity of defendants who had posted defamatory statements on Internet forums. A religious organization in a trademark action relating to the unauthorized use of the client’s trademark in a third-level domain name. Caesar’s World, Inc. in one of the first in rem cases brought under the Anticybersquatting Consumer Protection Act. Defeated preliminary injunction action brought by comedian Jackie Mason against a religious organization arising from the use of Mr. Mason’s name and likeness in a parody on a religious tract.","searchable_name":"Paul Fakler","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":426422,"version":1,"owner_type":"Person","owner_id":3482,"payload":{"bio":"\u003cp\u003eDavid Farber specializes in litigation, regulatory matters, and public policy, with a focus on healthcare, Medicare and Medicaid issues for pharmaceutical and medical device companies, hospitals and pharmacies. A member of our FDA, Life Sciences, and Healthcare, and Government Advocacy practices, David represents clients in healthcare litigation, False Claims Act cases and other commercial disputes, as well as in advocacy before Congress and federal agencies on coverage, coding, reimbursement and other issues. He is a recognized national expert on Medicare Secondary Payer issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eCombining broad experience in litigation and public policy, David focuses on complex, multiparty litigation and government advocacy. As a lead litigator, he represents clients in a variety of healthcare and False Claims Act cases, and other disputes. He has also counseled clients in international arbitration, including matters before the International Court of Claims.\u003c/p\u003e\n\u003cp\u003eIn his advocacy practice, David focuses on advising clients in the healthcare and insurance industries. He often serves as a primary strategist and policy architect in a broad range of matters, navigating through Congress, executive branch agencies (with a focus on the Centers for Medicare \u0026amp; Medicaid Services and the Food and Drug Administration) and academia to influence the legislative and regulatory processes. Through his advocacy, he has drafted and helped pass legislation, and has prompted changes in agency policies in ways that benefit his clients. He is a national thought leader on Medicare Secondary Payer issues, having drafted the 2012 SMART Act enacted by Congress.\u003c/p\u003e","slug":"david-farber","email":"dfarber@kslaw.com","phone":"+1-240-401-4800","matters":["\u003cp\u003eRepresented \u003cstrong data-redactor-tag=\"strong\"\u003emultiple parties, including several of the leading third-party administrators\u003c/strong\u003e, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.\u003c/p\u003e","\u003cp\u003eDrafted and led strategy on behalf of the \u003cstrong data-redactor-tag=\"strong\"\u003eMARC Coalition\u003c/strong\u003e on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .\u003c/p\u003e","\u003cp\u003eWorked on behalf of \u003cstrong data-redactor-tag=\"strong\"\u003emajor pharmaceutical manufacturer\u003c/strong\u003e to enact Medicare Part B drug reimbursement provisions.\u003c/p\u003e","\u003cp\u003eDrafted legislation and led strategy to create federal early childhood mental health grant program.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":101}]},"expertise":[{"id":2,"guid":"2.capabilities","index":0,"source":"capabilities"},{"id":23,"guid":"23.capabilities","index":1,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":2,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":21,"guid":"21.capabilities","index":5,"source":"capabilities"},{"id":114,"guid":"114.capabilities","index":6,"source":"capabilities"},{"id":120,"guid":"120.capabilities","index":7,"source":"capabilities"},{"id":1193,"guid":"1193.smart_tags","index":8,"source":"smartTags"},{"id":124,"guid":"124.capabilities","index":9,"source":"capabilities"}],"is_active":true,"last_name":"Farber","nick_name":"David","clerkships":[],"first_name":"David","title_rank":9999,"updated_by":101,"law_schools":[{"id":755,"meta":{"degree":"J.D.","honors":null,"is_law_school":1,"graduation_date":"1987-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"J.","name_suffix":"","recognitions":[{"title":"Life Sciences Editorial Board ","detail":"Law360, 2014, 2017"},{"title":"President, Washington Region ","detail":"American Jewish Committee, 2011–2013"},{"title":"Member, National Board of Governors ","detail":"American Jewish Committee, 2013–present"},{"title":"Hyman Bookbinder Award ","detail":"American Jewish Committee, 2016"},{"title":"Bertelsmann Foundation Fellow ","detail":"German-Israel Young Leaders Exchange, 2007"},{"title":"Spirit of Community Action Award ","detail":"The United Planning Organization, 2005"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDavid Farber specializes in litigation, regulatory matters, and public policy, with a focus on healthcare, Medicare and Medicaid issues for pharmaceutical and medical device companies, hospitals and pharmacies. A member of our FDA, Life Sciences, and Healthcare, and Government Advocacy practices, David represents clients in healthcare litigation, False Claims Act cases and other commercial disputes, as well as in advocacy before Congress and federal agencies on coverage, coding, reimbursement and other issues. He is a recognized national expert on Medicare Secondary Payer issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eCombining broad experience in litigation and public policy, David focuses on complex, multiparty litigation and government advocacy. As a lead litigator, he represents clients in a variety of healthcare and False Claims Act cases, and other disputes. He has also counseled clients in international arbitration, including matters before the International Court of Claims.\u003c/p\u003e\n\u003cp\u003eIn his advocacy practice, David focuses on advising clients in the healthcare and insurance industries. He often serves as a primary strategist and policy architect in a broad range of matters, navigating through Congress, executive branch agencies (with a focus on the Centers for Medicare \u0026amp; Medicaid Services and the Food and Drug Administration) and academia to influence the legislative and regulatory processes. Through his advocacy, he has drafted and helped pass legislation, and has prompted changes in agency policies in ways that benefit his clients. He is a national thought leader on Medicare Secondary Payer issues, having drafted the 2012 SMART Act enacted by Congress.\u003c/p\u003e","matters":["\u003cp\u003eRepresented \u003cstrong data-redactor-tag=\"strong\"\u003emultiple parties, including several of the leading third-party administrators\u003c/strong\u003e, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.\u003c/p\u003e","\u003cp\u003eDrafted and led strategy on behalf of the \u003cstrong data-redactor-tag=\"strong\"\u003eMARC Coalition\u003c/strong\u003e on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .\u003c/p\u003e","\u003cp\u003eWorked on behalf of \u003cstrong data-redactor-tag=\"strong\"\u003emajor pharmaceutical manufacturer\u003c/strong\u003e to enact Medicare Part B drug reimbursement provisions.\u003c/p\u003e","\u003cp\u003eDrafted legislation and led strategy to create federal early childhood mental health grant program.\u003c/p\u003e"],"recognitions":[{"title":"Life Sciences Editorial Board ","detail":"Law360, 2014, 2017"},{"title":"President, Washington Region ","detail":"American Jewish Committee, 2011–2013"},{"title":"Member, National Board of Governors ","detail":"American Jewish Committee, 2013–present"},{"title":"Hyman Bookbinder Award ","detail":"American Jewish Committee, 2016"},{"title":"Bertelsmann Foundation Fellow ","detail":"German-Israel Young Leaders Exchange, 2007"},{"title":"Spirit of Community Action Award ","detail":"The United Planning Organization, 2005"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9967}]},"capability_group_id":2},"created_at":"2025-05-26T04:52:50.000Z","updated_at":"2025-05-26T04:52:50.000Z","searchable_text":"Farber{{ FIELD }}{:title=\u0026gt;\"Life Sciences Editorial Board \", :detail=\u0026gt;\"Law360, 2014, 2017\"}{{ FIELD }}{:title=\u0026gt;\"President, Washington Region \", :detail=\u0026gt;\"American Jewish Committee, 2011–2013\"}{{ FIELD }}{:title=\u0026gt;\"Member, National Board of Governors \", :detail=\u0026gt;\"American Jewish Committee, 2013–present\"}{{ FIELD }}{:title=\u0026gt;\"Hyman Bookbinder Award \", :detail=\u0026gt;\"American Jewish Committee, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Bertelsmann Foundation Fellow \", :detail=\u0026gt;\"German-Israel Young Leaders Exchange, 2007\"}{{ FIELD }}{:title=\u0026gt;\"Spirit of Community Action Award \", :detail=\u0026gt;\"The United Planning Organization, 2005\"}{{ FIELD }}Represented multiple parties, including several of the leading third-party administrators, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute.{{ FIELD }}Drafted and led strategy on behalf of the MARC Coalition on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute .{{ FIELD }}Worked on behalf of major pharmaceutical manufacturer to enact Medicare Part B drug reimbursement provisions.{{ FIELD }}Drafted legislation and led strategy to create federal early childhood mental health grant program.{{ FIELD }}David Farber specializes in litigation, regulatory matters, and public policy, with a focus on healthcare, Medicare and Medicaid issues for pharmaceutical and medical device companies, hospitals and pharmacies. A member of our FDA, Life Sciences, and Healthcare, and Government Advocacy practices, David represents clients in healthcare litigation, False Claims Act cases and other commercial disputes, as well as in advocacy before Congress and federal agencies on coverage, coding, reimbursement and other issues. He is a recognized national expert on Medicare Secondary Payer issues.\nCombining broad experience in litigation and public policy, David focuses on complex, multiparty litigation and government advocacy. As a lead litigator, he represents clients in a variety of healthcare and False Claims Act cases, and other disputes. He has also counseled clients in international arbitration, including matters before the International Court of Claims.\nIn his advocacy practice, David focuses on advising clients in the healthcare and insurance industries. He often serves as a primary strategist and policy architect in a broad range of matters, navigating through Congress, executive branch agencies (with a focus on the Centers for Medicare \u0026amp; Medicaid Services and the Food and Drug Administration) and academia to influence the legislative and regulatory processes. Through his advocacy, he has drafted and helped pass legislation, and has prompted changes in agency policies in ways that benefit his clients. He is a national thought leader on Medicare Secondary Payer issues, having drafted the 2012 SMART Act enacted by Congress. David J. Farber Partner Life Sciences Editorial Board  Law360, 2014, 2017 President, Washington Region  American Jewish Committee, 2011–2013 Member, National Board of Governors  American Jewish Committee, 2013–present Hyman Bookbinder Award  American Jewish Committee, 2016 Bertelsmann Foundation Fellow  German-Israel Young Leaders Exchange, 2007 Spirit of Community Action Award  The United Planning Organization, 2005 New York University New York University School of Law Georgetown University Georgetown University Law Center Supreme Court of the United States U.S. Court of Appeals for the First Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Western District of Michigan U.S. District Court for the District of Columbia District of Columbia New York Represented multiple parties, including several of the leading third-party administrators, and served as lead counsel on MSP issues in U.S. ex rel. Takemoto v. Nationwide, et al, No. 16-365 (2nd Cir. January 18, 2017), dismissing first major national False Claims Act case under the Medicare Secondary Payer statute. Drafted and led strategy on behalf of the MARC Coalition on the SMART Act, H.R. 1845 (112th Congress), enacted by Congress in 2012 as the first major reform of the Medicare Secondary Payer laws in over a decade and the SPARC Act, H.R. 1122 (115th Congress), introduced in 2017 to further improve the statute . Worked on behalf of major pharmaceutical manufacturer to enact Medicare Part B drug reimbursement provisions. Drafted legislation and led strategy to create federal early childhood mental health grant program.","searchable_name":"David J. Farber","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":443599,"version":1,"owner_type":"Person","owner_id":703,"payload":{"bio":"\u003cp\u003eRob\u0026nbsp;Friedman helps the world's leading companies navigate product-liability risks and challenges.\u0026nbsp; His diverse advisory, litigation and trial practice focuses on the life sciences, manufacturing, consumer products, and technology industries.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRob Friedman represents leading companies in high-stakes product liability and mass tort matters, with a focus on cases involving complex science, coordinated national strategy, and trial-ready execution. Clients rely on him for clear judgment, disciplined management of large-scale litigation, and the ability to prepare and defend key company witnesses in matters with significant business impact.\u003c/p\u003e\n\u003cp\u003eRob has spent more than five years helping lead the national defense of Boehringer Ingelheim in the Zantac litigation, one of the largest mass torts in U.S. history. He coordinated a defense effort spanning more than 150,000 claims across federal and state courts, oversaw a team of more than 100 lawyers and professionals, and helped secure a complete Daubert victory in the MDL and nine consecutive defense wins in challenging venues such as Alameda County and Cook County\u0026mdash;without a single adverse verdict.\u003c/p\u003e\n\u003cp\u003eHis practice spans the pharmaceutical, automotive, energy, and emerging technology sectors. He represents Shell Oil Company in multistate environmental mass tort actions brought by State Attorneys General and defends a global manufacturer in PFAS litigation. Rob also advises companies on the evolving intersection of products liability and artificial intelligence, and he will join the faculty of UC Law San Francisco\u0026rsquo;s AI Certificate Program in 2026.\u003c/p\u003e\n\u003cp\u003eRob serves as Associate Talent Partner for his firm\u0026rsquo;s eight-time Law360 \u0026ldquo;Practice Group of the Year\u0026rdquo; Product Liability and Mass Torts group, where he oversees the hiring and development of more than 80 attorneys. A past Mentor Award recipient, he is committed to preparing the next generation of trial lawyers for a rapidly changing litigation landscape.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","slug":"robert-friedman","email":"rfriedman@kslaw.com","phone":null,"matters":["\u003cp\u003eSuccessfully argued motion to dismiss resulting in complete dismissal of Illinois False Claims Act case against \u003cstrong data-redactor-tag=\"strong\"\u003eShell Oil Company\u003c/strong\u003e.\u003c/p\u003e","\u003cp\u003eMember of trial team in \u003cem data-redactor-tag=\"em\"\u003eRader v. GlaxoSmithKline\u003c/em\u003e, a 2016 trial in the Philadelphia Court of Common Pleas that ended with judgment as a matter of law at the close of the plaintiff.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"},{"id":16,"guid":"16.capabilities","index":3,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":4,"source":"smartTags"},{"id":1256,"guid":"1256.smart_tags","index":5,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":6,"source":"smartTags"},{"id":1206,"guid":"1206.smart_tags","index":7,"source":"smartTags"},{"id":7,"guid":"7.capabilities","index":8,"source":"capabilities"},{"id":21,"guid":"21.capabilities","index":9,"source":"capabilities"},{"id":133,"guid":"133.capabilities","index":10,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":11,"source":"capabilities"}],"is_active":true,"last_name":"Friedman","nick_name":"Robert","clerkships":[],"first_name":"Robert","title_rank":9999,"updated_by":202,"law_schools":[],"middle_name":"B.","name_suffix":"","recognitions":[{"title":"Named a Rising Star, one of five lawyers nationwide ","detail":"Product Liability 360, 2011"},{"title":"Recognized as a Georgia \"Rising Star\" ","detail":"Law 360, 2010–2013"}],"linked_in_url":"https://www.linkedin.com/in/robertbfriedman/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRob\u0026nbsp;Friedman helps the world's leading companies navigate product-liability risks and challenges.\u0026nbsp; His diverse advisory, litigation and trial practice focuses on the life sciences, manufacturing, consumer products, and technology industries.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRob Friedman represents leading companies in high-stakes product liability and mass tort matters, with a focus on cases involving complex science, coordinated national strategy, and trial-ready execution. Clients rely on him for clear judgment, disciplined management of large-scale litigation, and the ability to prepare and defend key company witnesses in matters with significant business impact.\u003c/p\u003e\n\u003cp\u003eRob has spent more than five years helping lead the national defense of Boehringer Ingelheim in the Zantac litigation, one of the largest mass torts in U.S. history. He coordinated a defense effort spanning more than 150,000 claims across federal and state courts, oversaw a team of more than 100 lawyers and professionals, and helped secure a complete Daubert victory in the MDL and nine consecutive defense wins in challenging venues such as Alameda County and Cook County\u0026mdash;without a single adverse verdict.\u003c/p\u003e\n\u003cp\u003eHis practice spans the pharmaceutical, automotive, energy, and emerging technology sectors. He represents Shell Oil Company in multistate environmental mass tort actions brought by State Attorneys General and defends a global manufacturer in PFAS litigation. Rob also advises companies on the evolving intersection of products liability and artificial intelligence, and he will join the faculty of UC Law San Francisco\u0026rsquo;s AI Certificate Program in 2026.\u003c/p\u003e\n\u003cp\u003eRob serves as Associate Talent Partner for his firm\u0026rsquo;s eight-time Law360 \u0026ldquo;Practice Group of the Year\u0026rdquo; Product Liability and Mass Torts group, where he oversees the hiring and development of more than 80 attorneys. A past Mentor Award recipient, he is committed to preparing the next generation of trial lawyers for a rapidly changing litigation landscape.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eSuccessfully argued motion to dismiss resulting in complete dismissal of Illinois False Claims Act case against \u003cstrong data-redactor-tag=\"strong\"\u003eShell Oil Company\u003c/strong\u003e.\u003c/p\u003e","\u003cp\u003eMember of trial team in \u003cem data-redactor-tag=\"em\"\u003eRader v. GlaxoSmithKline\u003c/em\u003e, a 2016 trial in the Philadelphia Court of Common Pleas that ended with judgment as a matter of law at the close of the plaintiff.\u003c/p\u003e"],"recognitions":[{"title":"Named a Rising Star, one of five lawyers nationwide ","detail":"Product Liability 360, 2011"},{"title":"Recognized as a Georgia \"Rising Star\" ","detail":"Law 360, 2010–2013"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":13202}]},"capability_group_id":3},"created_at":"2025-12-01T18:24:19.000Z","updated_at":"2025-12-01T18:24:19.000Z","searchable_text":"Friedman{{ FIELD }}{:title=\u0026gt;\"Named a Rising Star, one of five lawyers nationwide \", :detail=\u0026gt;\"Product Liability 360, 2011\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as a Georgia \\\"Rising Star\\\" \", :detail=\u0026gt;\"Law 360, 2010–2013\"}{{ FIELD }}Successfully argued motion to dismiss resulting in complete dismissal of Illinois False Claims Act case against Shell Oil Company.{{ FIELD }}Member of trial team in Rader v. GlaxoSmithKline, a 2016 trial in the Philadelphia Court of Common Pleas that ended with judgment as a matter of law at the close of the plaintiff.{{ FIELD }}Rob Friedman helps the world's leading companies navigate product-liability risks and challenges.  His diverse advisory, litigation and trial practice focuses on the life sciences, manufacturing, consumer products, and technology industries. \nRob Friedman represents leading companies in high-stakes product liability and mass tort matters, with a focus on cases involving complex science, coordinated national strategy, and trial-ready execution. Clients rely on him for clear judgment, disciplined management of large-scale litigation, and the ability to prepare and defend key company witnesses in matters with significant business impact.\nRob has spent more than five years helping lead the national defense of Boehringer Ingelheim in the Zantac litigation, one of the largest mass torts in U.S. history. He coordinated a defense effort spanning more than 150,000 claims across federal and state courts, oversaw a team of more than 100 lawyers and professionals, and helped secure a complete Daubert victory in the MDL and nine consecutive defense wins in challenging venues such as Alameda County and Cook County—without a single adverse verdict.\nHis practice spans the pharmaceutical, automotive, energy, and emerging technology sectors. He represents Shell Oil Company in multistate environmental mass tort actions brought by State Attorneys General and defends a global manufacturer in PFAS litigation. Rob also advises companies on the evolving intersection of products liability and artificial intelligence, and he will join the faculty of UC Law San Francisco’s AI Certificate Program in 2026.\nRob serves as Associate Talent Partner for his firm’s eight-time Law360 “Practice Group of the Year” Product Liability and Mass Torts group, where he oversees the hiring and development of more than 80 attorneys. A past Mentor Award recipient, he is committed to preparing the next generation of trial lawyers for a rapidly changing litigation landscape.\n  Partner Named a Rising Star, one of five lawyers nationwide  Product Liability 360, 2011 Recognized as a Georgia \"Rising Star\"  Law 360, 2010–2013 University of Pennsylvania University of Pennsylvania Law School Georgetown University Georgetown University Law Center Georgia State Bar of Georgia Successfully argued motion to dismiss resulting in complete dismissal of Illinois False Claims Act case against Shell Oil Company. Member of trial team in Rader v. GlaxoSmithKline, a 2016 trial in the Philadelphia Court of Common Pleas that ended with judgment as a matter of law at the close of the plaintiff.","searchable_name":"Robert B. Friedman","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":442364,"version":1,"owner_type":"Person","owner_id":877,"payload":{"bio":"\u003cp\u003eKathryn Furman focuses on fund formation and offerings, joint venture formation and negotiation, and secondary transactions. She is the head of the firm\u0026rsquo;s Private Funds and Alternative Capital practice. Kathryn advises fund sponsors, investment advisers and others on a variety of related matters.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eKathryn works with established and new fund sponsors, as well as investment advisers, in structuring and formation of investment funds, joint ventures, separate accounts, and other investment vehicles. Kathryn advises investors on reviewing and negotiating the terms of their investments, and counsels them on exemptions and compliance matters under the Investment Company Act of 1940 and the Investment Advisers Act of 1940, as well as under the Volcker Rule.\u003c/p\u003e\n\u003cp\u003eKathryn also has experience with merger and acquisition (M\u0026amp;A) transactions, including public and private company mergers, leveraged buyouts, going-private transactions and strategic investments. 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Also, the\u0026nbsp;\u003cem\u003eFulton County Daily Report\u003c/em\u003e\u0026nbsp;named Kathryn as one of 14 young Atlanta lawyers \u0026ldquo;On the Rise\u0026rdquo; in 2006.\u003c/p\u003e","slug":"kathryn-furman","email":"kfurman@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":1,"source":"capabilities"},{"id":104,"guid":"104.capabilities","index":2,"source":"capabilities"},{"id":78,"guid":"78.capabilities","index":3,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":4,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":5,"source":"capabilities"},{"id":1255,"guid":"1255.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Furman","nick_name":"Kathryn","clerkships":[],"first_name":"Kathryn","title_rank":9999,"updated_by":101,"law_schools":[],"middle_name":"M.","name_suffix":"","recognitions":[{"title":"Kathryn is Highly Regarded in Investment Funds and M\u0026A","detail":"IFLR1000"},{"title":"Kathryn is ranked in REITs","detail":"Chambers USA Nationwide"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eKathryn Furman focuses on fund formation and offerings, joint venture formation and negotiation, and secondary transactions. She is the head of the firm\u0026rsquo;s Private Funds and Alternative Capital practice. Kathryn advises fund sponsors, investment advisers and others on a variety of related matters.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eKathryn works with established and new fund sponsors, as well as investment advisers, in structuring and formation of investment funds, joint ventures, separate accounts, and other investment vehicles. Kathryn advises investors on reviewing and negotiating the terms of their investments, and counsels them on exemptions and compliance matters under the Investment Company Act of 1940 and the Investment Advisers Act of 1940, as well as under the Volcker Rule.\u003c/p\u003e\n\u003cp\u003eKathryn also has experience with merger and acquisition (M\u0026amp;A) transactions, including public and private company mergers, leveraged buyouts, going-private transactions and strategic investments. She counsels clients in a number of industries, including real estate, energy, healthcare and restaurants.\u003c/p\u003e\n\u003cp\u003eA frequent speaker on M\u0026amp;A and fund formation topics, Kathryn is fluent in English and German.\u0026nbsp; She is ranked in\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;for REITs and ranked in\u0026nbsp;\u003cem\u003eIFLR1000\u003c/em\u003e\u0026nbsp;for Investment Funds as well as for Mergers \u0026amp; Acquisitions.\u0026nbsp;She has been recognized by\u0026nbsp;\u003cem\u003eThe Best Lawyers in America\u003c/em\u003e\u0026nbsp;as a leading lawyer for M\u0026amp;A and investment funds. Also, the\u0026nbsp;\u003cem\u003eFulton County Daily Report\u003c/em\u003e\u0026nbsp;named Kathryn as one of 14 young Atlanta lawyers \u0026ldquo;On the Rise\u0026rdquo; in 2006.\u003c/p\u003e","recognitions":[{"title":"Kathryn is Highly Regarded in Investment Funds and M\u0026A","detail":"IFLR1000"},{"title":"Kathryn is ranked in REITs","detail":"Chambers USA Nationwide"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":861}]},"capability_group_id":1},"created_at":"2025-11-05T05:03:33.000Z","updated_at":"2025-11-05T05:03:33.000Z","searchable_text":"Furman{{ FIELD }}{:title=\u0026gt;\"Kathryn is Highly Regarded in Investment Funds and M\u0026amp;A\", :detail=\u0026gt;\"IFLR1000\"}{{ FIELD }}{:title=\u0026gt;\"Kathryn is ranked in REITs\", :detail=\u0026gt;\"Chambers USA Nationwide\"}{{ FIELD }}Kathryn Furman focuses on fund formation and offerings, joint venture formation and negotiation, and secondary transactions. She is the head of the firm’s Private Funds and Alternative Capital practice. Kathryn advises fund sponsors, investment advisers and others on a variety of related matters.\nKathryn works with established and new fund sponsors, as well as investment advisers, in structuring and formation of investment funds, joint ventures, separate accounts, and other investment vehicles. Kathryn advises investors on reviewing and negotiating the terms of their investments, and counsels them on exemptions and compliance matters under the Investment Company Act of 1940 and the Investment Advisers Act of 1940, as well as under the Volcker Rule.\nKathryn also has experience with merger and acquisition (M\u0026amp;A) transactions, including public and private company mergers, leveraged buyouts, going-private transactions and strategic investments. She counsels clients in a number of industries, including real estate, energy, healthcare and restaurants.\nA frequent speaker on M\u0026amp;A and fund formation topics, Kathryn is fluent in English and German.  She is ranked in Chambers USA for REITs and ranked in IFLR1000 for Investment Funds as well as for Mergers \u0026amp; Acquisitions. She has been recognized by The Best Lawyers in America as a leading lawyer for M\u0026amp;A and investment funds. Also, the Fulton County Daily Report named Kathryn as one of 14 young Atlanta lawyers “On the Rise” in 2006. Partner Kathryn is Highly Regarded in Investment Funds and M\u0026amp;A IFLR1000 Kathryn is ranked in REITs Chambers USA Nationwide Davidson College  Harvard University Harvard Law School Georgia State Bar of Georgia","searchable_name":"Kathryn M. Furman","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":441855,"version":1,"owner_type":"Person","owner_id":6462,"payload":{"bio":"\u003cp\u003eRoy Falik is a trial litigator with a penchant for the complex. He has litigated various technologies ranging from computer games to medical devices to dashcams, all the way from pitch to trial.\u0026nbsp;Roy\u0026rsquo;s software engineering experience makes him a valuable asset to any patent and technology-related cases. Whether he's working with experts or arguing before a court, Roy's ability to simplify and streamline a technical argument is invaluable.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eDuring law school Roy gained experience as a judicial intern for the United States District Court for the Western District of Texas.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRoy earned his degree with honors from The University of Texas at Austin School of Law, where he started honing his focus on intellectual property. As a student, Roy received a Dean's Achievement award in his patent law class and was recognized as a Strauss Center Cyber Fellow. Roy also received Dean's Achievement awards in space law and digital evidence classes. He served as the Managing Editor for the Texas IP Law Journal and as a student member of the Yeakel IP Inn of Court.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eSince then, Roy has taken an active role in his patent cases. He has argued dispositive motions and Markman hearings, taken and defended depositions, and even directed witnesses as trial. His experience at all points throughout the case lifecycle and passion for creativity are an important asset to any team.\u003c/p\u003e","slug":"roy-falik","email":"rfalik@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":1,"source":"capabilities"},{"id":135,"guid":"135.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":133,"guid":"133.capabilities","index":4,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":5,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":6,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":7,"source":"capabilities"}],"is_active":true,"last_name":"Falik","nick_name":"Roy","clerkships":[],"first_name":"Roy","title_rank":9999,"updated_by":202,"law_schools":[{"id":2055,"meta":{"degree":"J.D.","honors":"honors","is_law_school":"1","graduation_date":"2022-01-01 00:00:00"},"order":2,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/roy-falik/","seodescription":null,"primary_title_id":2,"translated_fields":{"en":{"bio":"\u003cp\u003eRoy Falik is a trial litigator with a penchant for the complex. He has litigated various technologies ranging from computer games to medical devices to dashcams, all the way from pitch to trial.\u0026nbsp;Roy\u0026rsquo;s software engineering experience makes him a valuable asset to any patent and technology-related cases. Whether he's working with experts or arguing before a court, Roy's ability to simplify and streamline a technical argument is invaluable.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eDuring law school Roy gained experience as a judicial intern for the United States District Court for the Western District of Texas.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eRoy earned his degree with honors from The University of Texas at Austin School of Law, where he started honing his focus on intellectual property. As a student, Roy received a Dean's Achievement award in his patent law class and was recognized as a Strauss Center Cyber Fellow. Roy also received Dean's Achievement awards in space law and digital evidence classes. He served as the Managing Editor for the Texas IP Law Journal and as a student member of the Yeakel IP Inn of Court.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eSince then, Roy has taken an active role in his patent cases. He has argued dispositive motions and Markman hearings, taken and defended depositions, and even directed witnesses as trial. His experience at all points throughout the case lifecycle and passion for creativity are an important asset to any team.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10393}]},"capability_group_id":3},"created_at":"2025-10-31T21:59:46.000Z","updated_at":"2025-10-31T21:59:46.000Z","searchable_text":"Falik{{ FIELD }}Roy Falik is a trial litigator with a penchant for the complex. He has litigated various technologies ranging from computer games to medical devices to dashcams, all the way from pitch to trial. Roy’s software engineering experience makes him a valuable asset to any patent and technology-related cases. Whether he's working with experts or arguing before a court, Roy's ability to simplify and streamline a technical argument is invaluable. \nDuring law school Roy gained experience as a judicial intern for the United States District Court for the Western District of Texas.\nRoy earned his degree with honors from The University of Texas at Austin School of Law, where he started honing his focus on intellectual property. As a student, Roy received a Dean's Achievement award in his patent law class and was recognized as a Strauss Center Cyber Fellow. Roy also received Dean's Achievement awards in space law and digital evidence classes. He served as the Managing Editor for the Texas IP Law Journal and as a student member of the Yeakel IP Inn of Court. \nSince then, Roy has taken an active role in his patent cases. He has argued dispositive motions and Markman hearings, taken and defended depositions, and even directed witnesses as trial. His experience at all points throughout the case lifecycle and passion for creativity are an important asset to any team. Associate The University of Texas at Austin The University of Texas School of Law The University of Texas at Austin The University of Texas School of Law The University of Texas at Austin The University of Texas School of Law U.S. Court of Appeals for the Federal Circuit U.S. District Court for the Eastern District of Texas U.S. District Court for the Western District of Texas U.S. District Court for the District of Colorado Colorado","searchable_name":"Roy Falik","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null}]}}