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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":427643,"version":1,"owner_type":"Person","owner_id":1068,"payload":{"bio":"\u003cp\u003eHarold Franklin, a partner in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes Practice, specializes in defending corporations in complex and high-stakes product liability litigation. A member of the firm\u0026rsquo;s nationally ranked Automotive and Transportation Pharmaceutical/Medical Device teams, Harold\u0026rsquo;s national litigation and trial practice focuses heavily on high stakes individual and mass tort (MDL and Class-Actions) product liability litigation in the automotive, life sciences, and consumer products industries.\u0026nbsp; His practice has also included high-exposure business disputes and internal investigations. Harold has represented many of the world\u0026rsquo;s largest corporations in complex \u0026ldquo;bet-the-company\u0026rdquo; litigation and trials.\u0026nbsp; Harold is recognized nationally for his profile as a litigator and is a member of the Product Liability Advisory Council (PLAC), comprised of the world\u0026rsquo;s leading product manufacturers and the top product liability defense counsel.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eHis six most recent trials include a high-profile federal court automotive product liability trial, which was selected and featured in 2014 by the \u003cem\u003eDaily Report\u003c/em\u003e\u0026rsquo;s \u0026ldquo;Litigation Department of the Year\u0026rdquo; award publication.\u003c/p\u003e\n\u003cp\u003eHarold has also served as in-house counsel (through secondment) for a global product manufacturer, where he was responsible for selecting and retaining outside counsel and managing complex product liability litigation throughout the United States.\u0026nbsp; More recently, Harold was selected by one of the world\u0026rsquo;s largest automotive manufacturers to serve as one of its national written discovery counsel and also as trial counsel (along with three other trial counsel with other law firms) of a high-profile bellwether automotive product liability case.\u003c/p\u003e\n\u003cp\u003eHarold is a 1990 graduate of Emory University, where he received his Bachelor of Arts degree in Economics and Spanish. Prior to entering the legal profession, he served as vice president of an insurance brokerage firm specializing in group benefit plans for many of the nation\u0026rsquo;s leading insurance companies. Harold received his Juris Doctor from the Georgia State University School of Law in 1999. During law school, he served as a Student Judicial Clerk to the Supreme Court of Georgia.\u0026nbsp; While in law school, Harold received numerous awards in local, regional, and national trial and appellate competitions.\u003c/p\u003e\n\u003cp\u003eA recognized civic leader, Harold has engaged heavily in and led pro bono and community service endeavors in both the legal profession and broader community throughout his career and he has served on numerous national and local boards. Harold is a past president of the Gate City Bar Association, Georgia\u0026rsquo;s oldest historically African-American bar association, and more recently served as president of Atlanta Bar Association, the largest voluntary bar association in the Southeast United States.\u003c/p\u003e\n\u003cp\u003eWith almost two decades of extensive involvement in lawyer professional development, Harold is a key leader in the firm\u0026rsquo;s professional development programs and its focus on inclusion and retention.\u003c/p\u003e\n\u003cp\u003eHarold has served as a key leader nationally and locally in non-partisan voting rights work, He serves as Board Chair for the Georgia Appleseed Center for Law and Justice and recently completed his term as Board Chair for the Truancy Intervention Project.\u003c/p\u003e\n\u003cp\u003eIn 2009, Harold was selected by the Georgia United States Congressional Delegation to serve on a 13 member Federal Judicial Advisory panel to the delegation regarding Presidential appointments to selected judgeships on the U.S. District Courts, U.S. Attorneys, and U.S. Marshals in Georgia.\u0026nbsp; Harold was recently nominated and appointed by the federal judges of the United States District Court for the Northern District of Georgia to a three-year term on the Court\u0026rsquo;s 15 member Federal Magistrate Judge Merit Selection Panel.\u003c/p\u003e\n\u003cp\u003eHarold has lectured locally and nationally on both legal and pro bono related topics ranging from evidentiary issues involving product liability law, to deposition strategy/best practices, to Voting Rights and Non-Partisan Election Protection initiatives, to Ethics in the legal profession. Keynote speaking engagements include: 2008 Bench and Bar Keynote Speaker at the Georgia State University College of Law; 2009 Election Protection Keynote Speaker at 25th Anniversary of the World Conference of Mayors; and 2009 Law Day Keynote Speaker (A Legacy of Liberty - Celebrating Lincoln\u0026rsquo;s Bicentennial) at the Georgia State University College of Law.\u003c/p\u003e\n\u003cp\u003eHarold was selected by his peers in 2023 for inclusion in the 30th edition of \u003cem\u003eThe Best Lawyers in America\u003c/em\u003e\u0026reg; for his expertise in Personal Injury Litigation - Defendants.\u0026nbsp; Harold also has been named as a \u003cem\u003eGeorgia Super Lawyer\u003c/em\u003e (2008-present) by Law \u0026amp; Politics and \u003cem\u003eAtlanta Magazine\u003c/em\u003e, as a \u003cem\u003eLegal Elite\u003c/em\u003e by \u003cem\u003eGeorgia Trend Magazine\u003c/em\u003e, recognized by the \u003cem\u003eDaily Report\u003c/em\u003e in 2007 as \u003cem\u003e1 of the Top 15 Lawyers in Georgia under the age of 40\u003c/em\u003e, and in 2016 by the \u003cem\u003eDaily Report\u003c/em\u003e as a \u003cem\u003eGeorgia Attorney of the Year Finalist\u003c/em\u003e and he has been recognized by \u003cem\u003eLegal 500\u003c/em\u003e \u003cem\u003eUSA\u003c/em\u003e (Mass Tort Defense) for his national profile as a litigator and leading practitioner in his field and by the Atlanta Business Chronicle for his leadership in the profession.\u0026nbsp; In addition, Harold has been recognized consistently (2018 \u0026ndash; present) by \u003cem\u003eBest Lawyers in America\u003c/em\u003e as a leading practitioner in his field.\u0026nbsp; In 2020, Harold was honored by the \u003cem\u003eDaily Report\u003c/em\u003e with its \u003cem\u003eProfessional Excellence Award\u003c/em\u003e and was also honored as a \u003cem\u003eGeorgia Trailblazer\u003c/em\u003e.\u003c/p\u003e","slug":"harold-franklin","email":"hfranklin@kslaw.com","phone":null,"matters":["\u003cp\u003eServed as trial counsel in four high-stakes product liability cases, three of which resulted in complete defense verdicts and the fourth in a zero dollar judgment.\u003c/p\u003e","\u003cp\u003eServed as trial counsel in high-profile automotive product liability case in federal court and obtained favorable settlement on the eve of closing arguments.\u003c/p\u003e","\u003cp\u003eServed as one of two national written discovery counsel for one of the world\u0026rsquo;s largest automobile manufacturers in high stakes \u0026ldquo;bet-the-company\u0026rdquo; product liability litigation.\u003c/p\u003e","\u003cp\u003eRepresented global automobile manufacturers in high stakes product liability personal injury litigation. Led and supervised defense of automobile manufacturers in cases (individual and consolidated actions) involving the designs of air bags, roofs, seat belts, steering, brakes, throttle control systems, and overall vehicle structure.\u003c/p\u003e","\u003cp\u003eDeposing fact and expert witnesses in complex product liability actions across the country and arguing evidentiary, substantive, procedural motions, dispositive and pre-trial motions.\u003c/p\u003e","\u003cp\u003eWorked from abroad by playing active role in time sensitive and highly complex corporate internal investigation (in Spanish) of European energy company after it restated its oil and gas reserves. Provided analysis of numerous corporate governance issues.\u003c/p\u003e","\u003cp\u003eRepresented global beverage company by conducting review and analysis of trial and appellate court records (in Spanish) involving licensing agreement dispute between various distributors and sub-licensees in South America.\u003c/p\u003e","\u003cp\u003eRepresented global manufacturer in depositions (in Spanish) in complex product liability action. Prepared analysis of deposition proceedings, directed negotiations and secured global settlement.\u003c/p\u003e","\u003cp\u003eServed as lead counsel in providing advice and counsel to one of the world\u0026rsquo;s largest manufacturers by conducting comprehensive review and analysis of document retention policies and associated records retention schedules and providing recommendation regarding policy implementation throughout engineering and manufacturing functions within the corporation.\u003c/p\u003e","\u003cp\u003eServed as member of King \u0026amp; Spalding team that served as national coordinating counsel and trial counsel in product liability litigation involving antidepressant medication, including in the Philadelphia Court of Common Pleas Mass Tort Program, ranked number one in the American Tort Reform Association\u0026rsquo;s 2010 list of \u0026ldquo;Hellhole Jurisdictions.\u0026rdquo; Led and managed numerous case teams in all aspects of fact and expert discovery, including the depositions of fact witnesses, medical doctors, and expert witness preparation.\u003c/p\u003e","\u003cp\u003eServed as lead counsel for public sector investigative body in contentious and high profile ethics investigation.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":762,"guid":"762.smart_tags","index":0,"source":"smartTags"},{"id":106,"guid":"106.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":761,"guid":"761.smart_tags","index":3,"source":"smartTags"},{"id":17,"guid":"17.capabilities","index":4,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":5,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":6,"source":"capabilities"},{"id":970,"guid":"970.smart_tags","index":7,"source":"smartTags"},{"id":112,"guid":"112.capabilities","index":8,"source":"capabilities"},{"id":1256,"guid":"1256.smart_tags","index":9,"source":"smartTags"}],"is_active":true,"last_name":"Franklin","nick_name":"Harold","clerkships":[],"first_name":"Harold","title_rank":9999,"updated_by":35,"law_schools":[],"middle_name":"E.","name_suffix":"Jr.","recognitions":[{"title":"Best Lawyers in America 2017 - Present","detail":"Benchmark"},{"title":"Recognized for his national profile as a litigator","detail":"Legal 500"},{"title":"Georgia Super Lawyer","detail":"Super Lawyers, 2008-Present"},{"title":"Recognized as Legal Elite","detail":"Georgia Trend, 2006"},{"title":"2016 Attorney of the Year Finalist (1 of 5 lawyers statewide)","detail":"Daily Report"},{"title":"Ranked as one of the top 15 lawyers in Georgia under the age of 40 and featured in a cover story ","detail":"Fulton Daily Report, 2007"},{"title":"Commitment to Equality Award","detail":"State Bar of Georgia, 2012"},{"title":"Justice Benham Community Service Award","detail":"State Bar of Georgia, 2016"},{"title":"Presidential Award","detail":"National Bar Association, 2007-2009, and 2012"},{"title":"Ranked as a \"Rising Star\"","detail":"Law \u0026 Politics and Atlanta Magazine, 2006-2007"},{"title":"Outstanding Lawyer Award ","detail":"Gate City Bar Association, 2012"},{"title":"Man of the Year Award and Law and Justice Award","detail":"Men Looking Ahead Magazine, 2016"},{"title":"Men of Influence Award","detail":"Atlanta Business League, 2015"},{"title":"Service Award for leadership \u0026 service in founding the Justice Benham Law Camp","detail":"Gate City Bar Association, 2009"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eHarold Franklin, a partner in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes Practice, specializes in defending corporations in complex and high-stakes product liability litigation. A member of the firm\u0026rsquo;s nationally ranked Automotive and Transportation Pharmaceutical/Medical Device teams, Harold\u0026rsquo;s national litigation and trial practice focuses heavily on high stakes individual and mass tort (MDL and Class-Actions) product liability litigation in the automotive, life sciences, and consumer products industries.\u0026nbsp; His practice has also included high-exposure business disputes and internal investigations. Harold has represented many of the world\u0026rsquo;s largest corporations in complex \u0026ldquo;bet-the-company\u0026rdquo; litigation and trials.\u0026nbsp; Harold is recognized nationally for his profile as a litigator and is a member of the Product Liability Advisory Council (PLAC), comprised of the world\u0026rsquo;s leading product manufacturers and the top product liability defense counsel.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eHis six most recent trials include a high-profile federal court automotive product liability trial, which was selected and featured in 2014 by the \u003cem\u003eDaily Report\u003c/em\u003e\u0026rsquo;s \u0026ldquo;Litigation Department of the Year\u0026rdquo; award publication.\u003c/p\u003e\n\u003cp\u003eHarold has also served as in-house counsel (through secondment) for a global product manufacturer, where he was responsible for selecting and retaining outside counsel and managing complex product liability litigation throughout the United States.\u0026nbsp; More recently, Harold was selected by one of the world\u0026rsquo;s largest automotive manufacturers to serve as one of its national written discovery counsel and also as trial counsel (along with three other trial counsel with other law firms) of a high-profile bellwether automotive product liability case.\u003c/p\u003e\n\u003cp\u003eHarold is a 1990 graduate of Emory University, where he received his Bachelor of Arts degree in Economics and Spanish. Prior to entering the legal profession, he served as vice president of an insurance brokerage firm specializing in group benefit plans for many of the nation\u0026rsquo;s leading insurance companies. Harold received his Juris Doctor from the Georgia State University School of Law in 1999. During law school, he served as a Student Judicial Clerk to the Supreme Court of Georgia.\u0026nbsp; While in law school, Harold received numerous awards in local, regional, and national trial and appellate competitions.\u003c/p\u003e\n\u003cp\u003eA recognized civic leader, Harold has engaged heavily in and led pro bono and community service endeavors in both the legal profession and broader community throughout his career and he has served on numerous national and local boards. Harold is a past president of the Gate City Bar Association, Georgia\u0026rsquo;s oldest historically African-American bar association, and more recently served as president of Atlanta Bar Association, the largest voluntary bar association in the Southeast United States.\u003c/p\u003e\n\u003cp\u003eWith almost two decades of extensive involvement in lawyer professional development, Harold is a key leader in the firm\u0026rsquo;s professional development programs and its focus on inclusion and retention.\u003c/p\u003e\n\u003cp\u003eHarold has served as a key leader nationally and locally in non-partisan voting rights work, He serves as Board Chair for the Georgia Appleseed Center for Law and Justice and recently completed his term as Board Chair for the Truancy Intervention Project.\u003c/p\u003e\n\u003cp\u003eIn 2009, Harold was selected by the Georgia United States Congressional Delegation to serve on a 13 member Federal Judicial Advisory panel to the delegation regarding Presidential appointments to selected judgeships on the U.S. District Courts, U.S. Attorneys, and U.S. Marshals in Georgia.\u0026nbsp; Harold was recently nominated and appointed by the federal judges of the United States District Court for the Northern District of Georgia to a three-year term on the Court\u0026rsquo;s 15 member Federal Magistrate Judge Merit Selection Panel.\u003c/p\u003e\n\u003cp\u003eHarold has lectured locally and nationally on both legal and pro bono related topics ranging from evidentiary issues involving product liability law, to deposition strategy/best practices, to Voting Rights and Non-Partisan Election Protection initiatives, to Ethics in the legal profession. Keynote speaking engagements include: 2008 Bench and Bar Keynote Speaker at the Georgia State University College of Law; 2009 Election Protection Keynote Speaker at 25th Anniversary of the World Conference of Mayors; and 2009 Law Day Keynote Speaker (A Legacy of Liberty - Celebrating Lincoln\u0026rsquo;s Bicentennial) at the Georgia State University College of Law.\u003c/p\u003e\n\u003cp\u003eHarold was selected by his peers in 2023 for inclusion in the 30th edition of \u003cem\u003eThe Best Lawyers in America\u003c/em\u003e\u0026reg; for his expertise in Personal Injury Litigation - Defendants.\u0026nbsp; Harold also has been named as a \u003cem\u003eGeorgia Super Lawyer\u003c/em\u003e (2008-present) by Law \u0026amp; Politics and \u003cem\u003eAtlanta Magazine\u003c/em\u003e, as a \u003cem\u003eLegal Elite\u003c/em\u003e by \u003cem\u003eGeorgia Trend Magazine\u003c/em\u003e, recognized by the \u003cem\u003eDaily Report\u003c/em\u003e in 2007 as \u003cem\u003e1 of the Top 15 Lawyers in Georgia under the age of 40\u003c/em\u003e, and in 2016 by the \u003cem\u003eDaily Report\u003c/em\u003e as a \u003cem\u003eGeorgia Attorney of the Year Finalist\u003c/em\u003e and he has been recognized by \u003cem\u003eLegal 500\u003c/em\u003e \u003cem\u003eUSA\u003c/em\u003e (Mass Tort Defense) for his national profile as a litigator and leading practitioner in his field and by the Atlanta Business Chronicle for his leadership in the profession.\u0026nbsp; In addition, Harold has been recognized consistently (2018 \u0026ndash; present) by \u003cem\u003eBest Lawyers in America\u003c/em\u003e as a leading practitioner in his field.\u0026nbsp; In 2020, Harold was honored by the \u003cem\u003eDaily Report\u003c/em\u003e with its \u003cem\u003eProfessional Excellence Award\u003c/em\u003e and was also honored as a \u003cem\u003eGeorgia Trailblazer\u003c/em\u003e.\u003c/p\u003e","matters":["\u003cp\u003eServed as trial counsel in four high-stakes product liability cases, three of which resulted in complete defense verdicts and the fourth in a zero dollar judgment.\u003c/p\u003e","\u003cp\u003eServed as trial counsel in high-profile automotive product liability case in federal court and obtained favorable settlement on the eve of closing arguments.\u003c/p\u003e","\u003cp\u003eServed as one of two national written discovery counsel for one of the world\u0026rsquo;s largest automobile manufacturers in high stakes \u0026ldquo;bet-the-company\u0026rdquo; product liability litigation.\u003c/p\u003e","\u003cp\u003eRepresented global automobile manufacturers in high stakes product liability personal injury litigation. Led and supervised defense of automobile manufacturers in cases (individual and consolidated actions) involving the designs of air bags, roofs, seat belts, steering, brakes, throttle control systems, and overall vehicle structure.\u003c/p\u003e","\u003cp\u003eDeposing fact and expert witnesses in complex product liability actions across the country and arguing evidentiary, substantive, procedural motions, dispositive and pre-trial motions.\u003c/p\u003e","\u003cp\u003eWorked from abroad by playing active role in time sensitive and highly complex corporate internal investigation (in Spanish) of European energy company after it restated its oil and gas reserves. Provided analysis of numerous corporate governance issues.\u003c/p\u003e","\u003cp\u003eRepresented global beverage company by conducting review and analysis of trial and appellate court records (in Spanish) involving licensing agreement dispute between various distributors and sub-licensees in South America.\u003c/p\u003e","\u003cp\u003eRepresented global manufacturer in depositions (in Spanish) in complex product liability action. Prepared analysis of deposition proceedings, directed negotiations and secured global settlement.\u003c/p\u003e","\u003cp\u003eServed as lead counsel in providing advice and counsel to one of the world\u0026rsquo;s largest manufacturers by conducting comprehensive review and analysis of document retention policies and associated records retention schedules and providing recommendation regarding policy implementation throughout engineering and manufacturing functions within the corporation.\u003c/p\u003e","\u003cp\u003eServed as member of King \u0026amp; Spalding team that served as national coordinating counsel and trial counsel in product liability litigation involving antidepressant medication, including in the Philadelphia Court of Common Pleas Mass Tort Program, ranked number one in the American Tort Reform Association\u0026rsquo;s 2010 list of \u0026ldquo;Hellhole Jurisdictions.\u0026rdquo; Led and managed numerous case teams in all aspects of fact and expert discovery, including the depositions of fact witnesses, medical doctors, and expert witness preparation.\u003c/p\u003e","\u003cp\u003eServed as lead counsel for public sector investigative body in contentious and high profile ethics investigation.\u003c/p\u003e"],"recognitions":[{"title":"Best Lawyers in America 2017 - Present","detail":"Benchmark"},{"title":"Recognized for his national profile as a litigator","detail":"Legal 500"},{"title":"Georgia Super Lawyer","detail":"Super Lawyers, 2008-Present"},{"title":"Recognized as Legal Elite","detail":"Georgia Trend, 2006"},{"title":"2016 Attorney of the Year Finalist (1 of 5 lawyers statewide)","detail":"Daily Report"},{"title":"Ranked as one of the top 15 lawyers in Georgia under the age of 40 and featured in a cover story ","detail":"Fulton Daily Report, 2007"},{"title":"Commitment to Equality Award","detail":"State Bar of Georgia, 2012"},{"title":"Justice Benham Community Service Award","detail":"State Bar of Georgia, 2016"},{"title":"Presidential Award","detail":"National Bar Association, 2007-2009, and 2012"},{"title":"Ranked as a \"Rising Star\"","detail":"Law \u0026 Politics and Atlanta Magazine, 2006-2007"},{"title":"Outstanding Lawyer Award ","detail":"Gate City Bar Association, 2012"},{"title":"Man of the Year Award and Law and Justice Award","detail":"Men Looking Ahead Magazine, 2016"},{"title":"Men of Influence Award","detail":"Atlanta Business League, 2015"},{"title":"Service Award for leadership \u0026 service in founding the Justice Benham Law Camp","detail":"Gate City Bar Association, 2009"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11788}]},"capability_group_id":3},"created_at":"2025-05-26T05:03:06.000Z","updated_at":"2025-05-26T05:03:06.000Z","searchable_text":"Franklin{{ FIELD }}{:title=\u0026gt;\"Best Lawyers in America 2017 - Present\", :detail=\u0026gt;\"Benchmark\"}{{ FIELD }}{:title=\u0026gt;\"Recognized for his national profile as a litigator\", :detail=\u0026gt;\"Legal 500\"}{{ FIELD }}{:title=\u0026gt;\"Georgia Super Lawyer\", :detail=\u0026gt;\"Super Lawyers, 2008-Present\"}{{ FIELD }}{:title=\u0026gt;\"Recognized as Legal Elite\", :detail=\u0026gt;\"Georgia Trend, 2006\"}{{ FIELD }}{:title=\u0026gt;\"2016 Attorney of the Year Finalist (1 of 5 lawyers statewide)\", :detail=\u0026gt;\"Daily Report\"}{{ FIELD }}{:title=\u0026gt;\"Ranked as one of the top 15 lawyers in Georgia under the age of 40 and featured in a cover story \", :detail=\u0026gt;\"Fulton Daily Report, 2007\"}{{ FIELD }}{:title=\u0026gt;\"Commitment to Equality Award\", :detail=\u0026gt;\"State Bar of Georgia, 2012\"}{{ FIELD }}{:title=\u0026gt;\"Justice Benham Community Service Award\", :detail=\u0026gt;\"State Bar of Georgia, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Presidential Award\", :detail=\u0026gt;\"National Bar Association, 2007-2009, and 2012\"}{{ FIELD }}{:title=\u0026gt;\"Ranked as a \\\"Rising Star\\\"\", :detail=\u0026gt;\"Law \u0026amp; Politics and Atlanta Magazine, 2006-2007\"}{{ FIELD }}{:title=\u0026gt;\"Outstanding Lawyer Award \", :detail=\u0026gt;\"Gate City Bar Association, 2012\"}{{ FIELD }}{:title=\u0026gt;\"Man of the Year Award and Law and Justice Award\", :detail=\u0026gt;\"Men Looking Ahead Magazine, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Men of Influence Award\", :detail=\u0026gt;\"Atlanta Business League, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Service Award for leadership \u0026amp; service in founding the Justice Benham Law Camp\", :detail=\u0026gt;\"Gate City Bar Association, 2009\"}{{ FIELD }}Served as trial counsel in four high-stakes product liability cases, three of which resulted in complete defense verdicts and the fourth in a zero dollar judgment.{{ FIELD }}Served as trial counsel in high-profile automotive product liability case in federal court and obtained favorable settlement on the eve of closing arguments.{{ FIELD }}Served as one of two national written discovery counsel for one of the world’s largest automobile manufacturers in high stakes “bet-the-company” product liability litigation.{{ FIELD }}Represented global automobile manufacturers in high stakes product liability personal injury litigation. Led and supervised defense of automobile manufacturers in cases (individual and consolidated actions) involving the designs of air bags, roofs, seat belts, steering, brakes, throttle control systems, and overall vehicle structure.{{ FIELD }}Deposing fact and expert witnesses in complex product liability actions across the country and arguing evidentiary, substantive, procedural motions, dispositive and pre-trial motions.{{ FIELD }}Worked from abroad by playing active role in time sensitive and highly complex corporate internal investigation (in Spanish) of European energy company after it restated its oil and gas reserves. Provided analysis of numerous corporate governance issues.{{ FIELD }}Represented global beverage company by conducting review and analysis of trial and appellate court records (in Spanish) involving licensing agreement dispute between various distributors and sub-licensees in South America.{{ FIELD }}Represented global manufacturer in depositions (in Spanish) in complex product liability action. Prepared analysis of deposition proceedings, directed negotiations and secured global settlement.{{ FIELD }}Served as lead counsel in providing advice and counsel to one of the world’s largest manufacturers by conducting comprehensive review and analysis of document retention policies and associated records retention schedules and providing recommendation regarding policy implementation throughout engineering and manufacturing functions within the corporation.{{ FIELD }}Served as member of King \u0026amp; Spalding team that served as national coordinating counsel and trial counsel in product liability litigation involving antidepressant medication, including in the Philadelphia Court of Common Pleas Mass Tort Program, ranked number one in the American Tort Reform Association’s 2010 list of “Hellhole Jurisdictions.” Led and managed numerous case teams in all aspects of fact and expert discovery, including the depositions of fact witnesses, medical doctors, and expert witness preparation.{{ FIELD }}Served as lead counsel for public sector investigative body in contentious and high profile ethics investigation.{{ FIELD }}Harold Franklin, a partner in King \u0026amp; Spalding’s Trial and Global Disputes Practice, specializes in defending corporations in complex and high-stakes product liability litigation. A member of the firm’s nationally ranked Automotive and Transportation Pharmaceutical/Medical Device teams, Harold’s national litigation and trial practice focuses heavily on high stakes individual and mass tort (MDL and Class-Actions) product liability litigation in the automotive, life sciences, and consumer products industries.  His practice has also included high-exposure business disputes and internal investigations. Harold has represented many of the world’s largest corporations in complex “bet-the-company” litigation and trials.  Harold is recognized nationally for his profile as a litigator and is a member of the Product Liability Advisory Council (PLAC), comprised of the world’s leading product manufacturers and the top product liability defense counsel.\nHis six most recent trials include a high-profile federal court automotive product liability trial, which was selected and featured in 2014 by the Daily Report’s “Litigation Department of the Year” award publication.\nHarold has also served as in-house counsel (through secondment) for a global product manufacturer, where he was responsible for selecting and retaining outside counsel and managing complex product liability litigation throughout the United States.  More recently, Harold was selected by one of the world’s largest automotive manufacturers to serve as one of its national written discovery counsel and also as trial counsel (along with three other trial counsel with other law firms) of a high-profile bellwether automotive product liability case.\nHarold is a 1990 graduate of Emory University, where he received his Bachelor of Arts degree in Economics and Spanish. Prior to entering the legal profession, he served as vice president of an insurance brokerage firm specializing in group benefit plans for many of the nation’s leading insurance companies. Harold received his Juris Doctor from the Georgia State University School of Law in 1999. During law school, he served as a Student Judicial Clerk to the Supreme Court of Georgia.  While in law school, Harold received numerous awards in local, regional, and national trial and appellate competitions.\nA recognized civic leader, Harold has engaged heavily in and led pro bono and community service endeavors in both the legal profession and broader community throughout his career and he has served on numerous national and local boards. Harold is a past president of the Gate City Bar Association, Georgia’s oldest historically African-American bar association, and more recently served as president of Atlanta Bar Association, the largest voluntary bar association in the Southeast United States.\nWith almost two decades of extensive involvement in lawyer professional development, Harold is a key leader in the firm’s professional development programs and its focus on inclusion and retention.\nHarold has served as a key leader nationally and locally in non-partisan voting rights work, He serves as Board Chair for the Georgia Appleseed Center for Law and Justice and recently completed his term as Board Chair for the Truancy Intervention Project.\nIn 2009, Harold was selected by the Georgia United States Congressional Delegation to serve on a 13 member Federal Judicial Advisory panel to the delegation regarding Presidential appointments to selected judgeships on the U.S. District Courts, U.S. Attorneys, and U.S. Marshals in Georgia.  Harold was recently nominated and appointed by the federal judges of the United States District Court for the Northern District of Georgia to a three-year term on the Court’s 15 member Federal Magistrate Judge Merit Selection Panel.\nHarold has lectured locally and nationally on both legal and pro bono related topics ranging from evidentiary issues involving product liability law, to deposition strategy/best practices, to Voting Rights and Non-Partisan Election Protection initiatives, to Ethics in the legal profession. Keynote speaking engagements include: 2008 Bench and Bar Keynote Speaker at the Georgia State University College of Law; 2009 Election Protection Keynote Speaker at 25th Anniversary of the World Conference of Mayors; and 2009 Law Day Keynote Speaker (A Legacy of Liberty - Celebrating Lincoln’s Bicentennial) at the Georgia State University College of Law.\nHarold was selected by his peers in 2023 for inclusion in the 30th edition of The Best Lawyers in America® for his expertise in Personal Injury Litigation - Defendants.  Harold also has been named as a Georgia Super Lawyer (2008-present) by Law \u0026amp; Politics and Atlanta Magazine, as a Legal Elite by Georgia Trend Magazine, recognized by the Daily Report in 2007 as 1 of the Top 15 Lawyers in Georgia under the age of 40, and in 2016 by the Daily Report as a Georgia Attorney of the Year Finalist and he has been recognized by Legal 500 USA (Mass Tort Defense) for his national profile as a litigator and leading practitioner in his field and by the Atlanta Business Chronicle for his leadership in the profession.  In addition, Harold has been recognized consistently (2018 – present) by Best Lawyers in America as a leading practitioner in his field.  In 2020, Harold was honored by the Daily Report with its Professional Excellence Award and was also honored as a Georgia Trailblazer. Partner Best Lawyers in America 2017 - Present Benchmark Recognized for his national profile as a litigator Legal 500 Georgia Super Lawyer Super Lawyers, 2008-Present Recognized as Legal Elite Georgia Trend, 2006 2016 Attorney of the Year Finalist (1 of 5 lawyers statewide) Daily Report Ranked as one of the top 15 lawyers in Georgia under the age of 40 and featured in a cover story  Fulton Daily Report, 2007 Commitment to Equality Award State Bar of Georgia, 2012 Justice Benham Community Service Award State Bar of Georgia, 2016 Presidential Award National Bar Association, 2007-2009, and 2012 Ranked as a \"Rising Star\" Law \u0026amp; Politics and Atlanta Magazine, 2006-2007 Outstanding Lawyer Award  Gate City Bar Association, 2012 Man of the Year Award and Law and Justice Award Men Looking Ahead Magazine, 2016 Men of Influence Award Atlanta Business League, 2015 Service Award for leadership \u0026amp; service in founding the Justice Benham Law Camp Gate City Bar Association, 2009 Emory University Emory University School of Law Georgia State University Georgia State University College of Law U.S. District Court for the Middle District of Florida U.S. District Court for the Southern District of Florida U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Florida Georgia Served as trial counsel in four high-stakes product liability cases, three of which resulted in complete defense verdicts and the fourth in a zero dollar judgment. Served as trial counsel in high-profile automotive product liability case in federal court and obtained favorable settlement on the eve of closing arguments. Served as one of two national written discovery counsel for one of the world’s largest automobile manufacturers in high stakes “bet-the-company” product liability litigation. Represented global automobile manufacturers in high stakes product liability personal injury litigation. Led and supervised defense of automobile manufacturers in cases (individual and consolidated actions) involving the designs of air bags, roofs, seat belts, steering, brakes, throttle control systems, and overall vehicle structure. Deposing fact and expert witnesses in complex product liability actions across the country and arguing evidentiary, substantive, procedural motions, dispositive and pre-trial motions. Worked from abroad by playing active role in time sensitive and highly complex corporate internal investigation (in Spanish) of European energy company after it restated its oil and gas reserves. Provided analysis of numerous corporate governance issues. Represented global beverage company by conducting review and analysis of trial and appellate court records (in Spanish) involving licensing agreement dispute between various distributors and sub-licensees in South America. Represented global manufacturer in depositions (in Spanish) in complex product liability action. Prepared analysis of deposition proceedings, directed negotiations and secured global settlement. Served as lead counsel in providing advice and counsel to one of the world’s largest manufacturers by conducting comprehensive review and analysis of document retention policies and associated records retention schedules and providing recommendation regarding policy implementation throughout engineering and manufacturing functions within the corporation. Served as member of King \u0026amp; Spalding team that served as national coordinating counsel and trial counsel in product liability litigation involving antidepressant medication, including in the Philadelphia Court of Common Pleas Mass Tort Program, ranked number one in the American Tort Reform Association’s 2010 list of “Hellhole Jurisdictions.” Led and managed numerous case teams in all aspects of fact and expert discovery, including the depositions of fact witnesses, medical doctors, and expert witness preparation. Served as lead counsel for public sector investigative body in contentious and high profile ethics investigation.","searchable_name":"Harold E. Franklin, Jr.","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":444728,"version":1,"owner_type":"Person","owner_id":6787,"payload":{"bio":"\u003cp\u003eJackie is a trial lawyer who represents clients in a range of complex commercial disputes.\u0026nbsp; Her experience includes defending clients against derivative claims for breach of fiduciary duty and representing clients in\u0026nbsp;litigation\u0026nbsp;related to\u0026nbsp;contract, securities, and antitrust matters.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJackie has represented clients in the tech, financial, energy,\u0026nbsp;pharmaceutical and retail industries.\u0026nbsp; Prior to joining King \u0026amp; Spalding, she was a litigator in New York at\u0026nbsp;Cravath, Swaine \u0026amp; Moore and Vinson \u0026amp; Elkins.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","slug":"jackie-fugitt","email":"jfugitt@kslaw.com","phone":null,"matters":["\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products\u003c/p\u003e","\u003cp\u003eRepresenting a \u003cstrong\u003emajor financial institution\u003c/strong\u003e seeking more than $400 million in damages from a contractual counterparty in ongoing arbitration proceedings\u003c/p\u003e","\u003cp\u003eObtained a total trial victory for a \u003cstrong\u003edirector defendant\u003c/strong\u003e and alleged controlling stockholder in a derivative action for alleged breaches of fiduciary duty related to a strategic acquisition\u003c/p\u003e","\u003cp\u003eRepresented a major \u003cstrong\u003esemiconductor company\u003c/strong\u003e in antitrust and breach of contract litigation that resulted in a favorable settlement at the outset of trial\u003c/p\u003e","\u003cp\u003eRepresented the \u003cstrong\u003eboard of directors\u003c/strong\u003e of a SPAC in litigation regarding alleged breaches of fiduciary duty related to a merger with a solar financing company\u003c/p\u003e","\u003cp\u003eRepresented the \u003cstrong\u003eboard of directors\u003c/strong\u003e of an energy and technology company in derivative actions regarding executive and board compensation\u003c/p\u003e","\u003cp\u003eRepresented an \u003cstrong\u003easset management firm\u003c/strong\u003e in in litigation regarding alleged breach of contract and tortious interference claims related to a spin-off transaction\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong\u003epharmaceutical \u003c/strong\u003e\u003cstrong\u003ecompany\u003c/strong\u003e in expedited litigation and trial regarding the termination of a merger agreement\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":2,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":3,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":4,"source":"capabilities"},{"id":14,"guid":"14.capabilities","index":5,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":6,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":7,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":8,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":9,"source":"capabilities"},{"id":1166,"guid":"1166.smart_tags","index":10,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":11,"source":"smartTags"},{"id":129,"guid":"129.capabilities","index":12,"source":"capabilities"}],"is_active":true,"last_name":"Fugitt","nick_name":"Jackie","clerkships":[],"first_name":"Jackie","title_rank":9999,"updated_by":35,"law_schools":[{"id":2489,"meta":{"degree":"J.D.","honors":"magna cum laude \u0026 Order of the Coif","is_law_school":"1","graduation_date":"2016-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJackie is a trial lawyer who represents clients in a range of complex commercial disputes.\u0026nbsp; Her experience includes defending clients against derivative claims for breach of fiduciary duty and representing clients in\u0026nbsp;litigation\u0026nbsp;related to\u0026nbsp;contract, securities, and antitrust matters.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJackie has represented clients in the tech, financial, energy,\u0026nbsp;pharmaceutical and retail industries.\u0026nbsp; Prior to joining King \u0026amp; Spalding, she was a litigator in New York at\u0026nbsp;Cravath, Swaine \u0026amp; Moore and Vinson \u0026amp; Elkins.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eCapital One\u003c/strong\u003e\u0026nbsp;in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products\u003c/p\u003e","\u003cp\u003eRepresenting a \u003cstrong\u003emajor financial institution\u003c/strong\u003e seeking more than $400 million in damages from a contractual counterparty in ongoing arbitration proceedings\u003c/p\u003e","\u003cp\u003eObtained a total trial victory for a \u003cstrong\u003edirector defendant\u003c/strong\u003e and alleged controlling stockholder in a derivative action for alleged breaches of fiduciary duty related to a strategic acquisition\u003c/p\u003e","\u003cp\u003eRepresented a major \u003cstrong\u003esemiconductor company\u003c/strong\u003e in antitrust and breach of contract litigation that resulted in a favorable settlement at the outset of trial\u003c/p\u003e","\u003cp\u003eRepresented the \u003cstrong\u003eboard of directors\u003c/strong\u003e of a SPAC in litigation regarding alleged breaches of fiduciary duty related to a merger with a solar financing company\u003c/p\u003e","\u003cp\u003eRepresented the \u003cstrong\u003eboard of directors\u003c/strong\u003e of an energy and technology company in derivative actions regarding executive and board compensation\u003c/p\u003e","\u003cp\u003eRepresented an \u003cstrong\u003easset management firm\u003c/strong\u003e in in litigation regarding alleged breach of contract and tortious interference claims related to a spin-off transaction\u003c/p\u003e","\u003cp\u003eRepresented a \u003cstrong\u003epharmaceutical \u003c/strong\u003e\u003cstrong\u003ecompany\u003c/strong\u003e in expedited litigation and trial regarding the termination of a merger agreement\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12289}]},"capability_group_id":3},"created_at":"2026-01-02T16:02:51.000Z","updated_at":"2026-01-02T16:02:51.000Z","searchable_text":"Fugitt{{ FIELD }}Defending Capital One in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products{{ FIELD }}Representing a major financial institution seeking more than $400 million in damages from a contractual counterparty in ongoing arbitration proceedings{{ FIELD }}Obtained a total trial victory for a director defendant and alleged controlling stockholder in a derivative action for alleged breaches of fiduciary duty related to a strategic acquisition{{ FIELD }}Represented a major semiconductor company in antitrust and breach of contract litigation that resulted in a favorable settlement at the outset of trial{{ FIELD }}Represented the board of directors of a SPAC in litigation regarding alleged breaches of fiduciary duty related to a merger with a solar financing company{{ FIELD }}Represented the board of directors of an energy and technology company in derivative actions regarding executive and board compensation{{ FIELD }}Represented an asset management firm in in litigation regarding alleged breach of contract and tortious interference claims related to a spin-off transaction{{ FIELD }}Represented a pharmaceutical company in expedited litigation and trial regarding the termination of a merger agreement{{ FIELD }}Jackie is a trial lawyer who represents clients in a range of complex commercial disputes.  Her experience includes defending clients against derivative claims for breach of fiduciary duty and representing clients in litigation related to contract, securities, and antitrust matters.\nJackie has represented clients in the tech, financial, energy, pharmaceutical and retail industries.  Prior to joining King \u0026amp; Spalding, she was a litigator in New York at Cravath, Swaine \u0026amp; Moore and Vinson \u0026amp; Elkins.   Partner Missouri State University  Washington University in St. Louis Washington University in St. Louis School of Law U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York Defending Capital One in MDL litigation alleging breach of contract and violation of consumer protection laws in connection with interest rates paid on savings account products Representing a major financial institution seeking more than $400 million in damages from a contractual counterparty in ongoing arbitration proceedings Obtained a total trial victory for a director defendant and alleged controlling stockholder in a derivative action for alleged breaches of fiduciary duty related to a strategic acquisition Represented a major semiconductor company in antitrust and breach of contract litigation that resulted in a favorable settlement at the outset of trial Represented the board of directors of a SPAC in litigation regarding alleged breaches of fiduciary duty related to a merger with a solar financing company Represented the board of directors of an energy and technology company in derivative actions regarding executive and board compensation Represented an asset management firm in in litigation regarding alleged breach of contract and tortious interference claims related to a spin-off transaction Represented a pharmaceutical company in expedited litigation and trial regarding the termination of a merger agreement","searchable_name":"Jackie Fugitt","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null},{"id":446625,"version":1,"owner_type":"Person","owner_id":5350,"payload":{"bio":"\u003cp\u003eElliott Foote is Counsel\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes group. \u0026nbsp;His practice focuses on complex commercial and appellate litigation.\u0026nbsp; Elliott\u0026nbsp;has represented clients in state and federal courts in matters involving class actions, data privacy,\u0026nbsp;employee benefits,\u0026nbsp;products liability, and securities and shareholder disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eElliott graduated from Transylvania University in 2012 with a B.A. in Political Science and Spanish.\u0026nbsp; He earned his J.D. from Emory University School of Law\u0026nbsp;in 2015.\u0026nbsp; While in law school,\u0026nbsp; Elliott served as an\u0026nbsp;Executive Managing Editor\u0026nbsp;of\u0026nbsp;the \u003cem\u003eEmory Law Journal.\u003c/em\u003e\u0026nbsp; He also worked as an extern\u0026nbsp;for the\u0026nbsp;in-house litigation department\u0026nbsp;at The Coca-Cola Company\u0026nbsp;and for the\u0026nbsp;Office of the Solicitor\u0026nbsp;at the United States Department of Labor.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAfter law school, Elliott clerked for the Honorable William C. O'Kelley of the U.S. District Court for the Northern District of Georgia and\u0026nbsp;the Honorable Frank\u0026nbsp;M. Hull\u0026nbsp;of the U.S. Court of Appeals for the Eleventh Circuit.\u003c/p\u003e","slug":"elliott-foote","email":"efoote@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":17,"guid":"17.capabilities","index":3,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":4,"source":"capabilities"},{"id":502,"guid":"502.smart_tags","index":5,"source":"smartTags"},{"id":6,"guid":"6.capabilities","index":6,"source":"capabilities"}],"is_active":true,"last_name":"Foote","nick_name":"Elliott","clerkships":[{"name":"Law Clerk, Hon. William C. O'Kelley, U.S. District Court for the Northern District of Georgia","years_held":"2015 - 2017"},{"name":"Law Clerk, Hon. Frank M. Hull, U.S. Court of Appeals for the Eleventh Circuit","years_held":"2017 - 2018"}],"first_name":"Elliott","title_rank":9999,"updated_by":202,"law_schools":[{"id":659,"meta":{"degree":"J.D.","honors":"cum laude, Order of the Coif","is_law_school":"1","graduation_date":"2015-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":14,"translated_fields":{"en":{"bio":"\u003cp\u003eElliott Foote is Counsel\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes group. \u0026nbsp;His practice focuses on complex commercial and appellate litigation.\u0026nbsp; Elliott\u0026nbsp;has represented clients in state and federal courts in matters involving class actions, data privacy,\u0026nbsp;employee benefits,\u0026nbsp;products liability, and securities and shareholder disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eElliott graduated from Transylvania University in 2012 with a B.A. in Political Science and Spanish.\u0026nbsp; He earned his J.D. from Emory University School of Law\u0026nbsp;in 2015.\u0026nbsp; While in law school,\u0026nbsp; Elliott served as an\u0026nbsp;Executive Managing Editor\u0026nbsp;of\u0026nbsp;the \u003cem\u003eEmory Law Journal.\u003c/em\u003e\u0026nbsp; He also worked as an extern\u0026nbsp;for the\u0026nbsp;in-house litigation department\u0026nbsp;at The Coca-Cola Company\u0026nbsp;and for the\u0026nbsp;Office of the Solicitor\u0026nbsp;at the United States Department of Labor.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAfter law school, Elliott clerked for the Honorable William C. O'Kelley of the U.S. District Court for the Northern District of Georgia and\u0026nbsp;the Honorable Frank\u0026nbsp;M. Hull\u0026nbsp;of the U.S. Court of Appeals for the Eleventh Circuit.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":6519},{"id":6519}]},"capability_group_id":3},"created_at":"2026-03-09T21:46:29.000Z","updated_at":"2026-03-09T21:46:29.000Z","searchable_text":"Foote{{ FIELD }}Elliott Foote is Counsel in King \u0026amp; Spalding’s Trial and Global Disputes group.  His practice focuses on complex commercial and appellate litigation.  Elliott has represented clients in state and federal courts in matters involving class actions, data privacy, employee benefits, products liability, and securities and shareholder disputes.\nElliott graduated from Transylvania University in 2012 with a B.A. in Political Science and Spanish.  He earned his J.D. from Emory University School of Law in 2015.  While in law school,  Elliott served as an Executive Managing Editor of the Emory Law Journal.  He also worked as an extern for the in-house litigation department at The Coca-Cola Company and for the Office of the Solicitor at the United States Department of Labor. \nAfter law school, Elliott clerked for the Honorable William C. O'Kelley of the U.S. District Court for the Northern District of Georgia and the Honorable Frank M. Hull of the U.S. Court of Appeals for the Eleventh Circuit. Counsel Transylvania University  Emory University Emory University School of Law U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Georgia Georgia Kentucky Supreme Court of Georgia Georgia Superior Court Supreme Court of Kentucky Law Clerk, Hon. William C. O'Kelley, U.S. District Court for the Northern District of Georgia Law Clerk, Hon. Frank M. Hull, U.S. Court of Appeals for the Eleventh Circuit","searchable_name":"Elliott Foote","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":436700,"version":1,"owner_type":"Person","owner_id":7207,"payload":{"bio":"\u003cp\u003eAishling Fitzpatrick is a trial-focused litigator in the New York Office and is a member of the firm\u0026rsquo;s Trial \u0026amp; Global Disputes practice group. Aishling practices in the area of complex commercial litigation and has represented and advised clients in both federal and state courts and across a wide range of industries, including financial services, technology, real estate, and healthcare. Aishling also maintains an active pro bono practice.\u003c/p\u003e\n\u003cp\u003eAishling is currently an Adjunct Professor of Trial Advocacy at Fordham University School of Law.\u003c/p\u003e","slug":"aishling-fitzpatrick","email":"afitzpatrick@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":4,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":5,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":6,"source":"capabilities"}],"is_active":true,"last_name":"Fitzpatrick","nick_name":"Aishling","clerkships":[],"first_name":"Aishling","title_rank":9999,"updated_by":202,"law_schools":[{"id":722,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2020-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"Shachi","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":2,"translated_fields":{"en":{"bio":"\u003cp\u003eAishling Fitzpatrick is a trial-focused litigator in the New York Office and is a member of the firm\u0026rsquo;s Trial \u0026amp; Global Disputes practice group. Aishling practices in the area of complex commercial litigation and has represented and advised clients in both federal and state courts and across a wide range of industries, including financial services, technology, real estate, and healthcare. Aishling also maintains an active pro bono practice.\u003c/p\u003e\n\u003cp\u003eAishling is currently an Adjunct Professor of Trial Advocacy at Fordham University School of Law.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{},"capability_group_id":3},"created_at":"2025-09-05T18:27:32.000Z","updated_at":"2025-09-05T18:27:32.000Z","searchable_text":"Fitzpatrick{{ FIELD }}Aishling Fitzpatrick is a trial-focused litigator in the New York Office and is a member of the firm’s Trial \u0026amp; Global Disputes practice group. Aishling practices in the area of complex commercial litigation and has represented and advised clients in both federal and state courts and across a wide range of industries, including financial services, technology, real estate, and healthcare. Aishling also maintains an active pro bono practice.\nAishling is currently an Adjunct Professor of Trial Advocacy at Fordham University School of Law. Associate New York University New York University School of Law Fordham University Fordham University School of Law U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York","searchable_name":"Aishling Shachi Fitzpatrick","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}]}}