Mr. Pulgram's copyright litigation practice includes copyright enforcement for prominent rights holders as well as defense of new Internet and cloud computing technologies. He represented ReplayTV, Inc. in defense against actions brought by 28 major television networks and movie studios contending that digital video recorders contribute to copyright infringement, and he defended Napster, Inc. in its multi-district and class action copyright litigations in the trial and appellate courts. In the last several years he has obtained summary dismissal of claims in three actions alleging infringement of copyrights in software components. Last year he prevailed in a jury trial resulting in defense favorable award of damages of less than five percent of the sums demanded in a case of admitted infringement.

His recent trade secret successes include prevailing against lawsuits that claimed misappropriation in the web analytics, IT automation, and online sales markets, and, conversely, obtaining protection of trade secrets in the project management, customer relationship management and video gaming markets. He has also recently obtained a preliminary and then permanent injunctions, as well as a substantial cash settlement, against unfair advertising and illegal access to computer systems by a client's competitor.

In class action litigation, Mr. Pulgram has successfully defended numerous claims for unfair business practices, false advertising and other claims under California Business and Professions Code § 17200. Recent matters include winning dismissal of a class action complaint and recovery of costs in an action alleging that digital rights management software contained "spyware," and current defense against claims of computer fraud and invasion of privacy through smart-phone applications' collection of user information. He also recently obtained dismissal of claims alleging unlawful trade practices in Internet advertising, and gained favorable settlements of class claims against search engines and hardware manufacturers.

In the last two years, Mr. Pulgram has twice defeated class certification, won summary judgment, and recovered attorneys' fees against claims for misappropriation of celebrities' rights of publicity that challenged the licensing by copyright owners of photos depicting the celebrities.

Mr. Pulgram also regularly represents clients in technology licensing disputes and merger and acquisition controversies. Two recent cases in these areas include winning dismissal and summary judgment, respectively, in two matters in which a major software company severed its relationships with business partners. In a third matter, he defeated a motion for TRO and preliminary injunction that sought to enjoin a $900 million merger on antitrust grounds, resulting in the plaintiff's abandoning the action.

Prior Positions

Mr. Pulgram served as judicial clerk for Chief Judge Sam C. Pointer, Jr., in the United States District Court for the Northern District of Alabama from 1983-1984. He joined Howard, Rice, Nemerovski, Canady, Falk & Rabkin in 1984, was elected a partner in 1989, and practiced in its San Francisco office through 1999. He joined Fenwick & West in 2000 to help open a San Francisco litigation practice.

Recognitions

Mr. Pulgram is recognized in Best Lawyers in America in three areas: intellectual property litigation, commercial litigation and patent litigation. He has been repeatedly selected a "Northern California Super Lawyer" in the area of Intellectual Property Litigation. He has been featured in the New York Times, Los Angeles Times, San Jose Mercury News, San Francisco Chronicle, Bloomberg News, Reuters and the National Law Journal, among other publications.

Professional Activities

Mr. Pulgram has been a longtime member of the Leadership of the American Bar Association's Section of Litigation, including positions on the Executive Committee and as Budget Officer, as Co-Chair of the Section's ABA Annual Meeting in 1997 and 2003, as a member of the governing Council, and as member of various task forces. He chaired the Committee for the Minority Trial Lawyer, the Diversity Committee of the Council, and the Task Force for the Independence of the Judiciary. Mr. Pulgram is Secretary and a member of the Executive Committee of The Legal Aid Society–Employment Law Center in San Francisco. He is a Fellow of the American Bar Foundation. He is a member of the San Francisco Lawyers' Committee For Civil Rights. He is also a member of the Bar Association of San Francisco, the Association of Business Trial Lawyers, and the ABA Section of Intellectual Property Law.

Pro Bono Work

Mr. Pulgram also enjoys an active pro bono practice, frequently focusing on copyright fair use issues as well as civil rights. He has represented a number of film makers, technologists and activists with respect to copyright and fair use issues, including an amicus brief cited by the Supreme Court in the Grokster case. He also led the successful litigation against copyright "troll" Righthaven LLC, in which the Courts rejected efforts to assign to Righthaven newspapers' rights to sue against those who excerpted or blogged copyrighted works. In 2012, Managing IP magazine subsequently awarded the firm, in partnership with the Electronic Frontier Foundation (EFF), the Intellectual Property Case of the Year for defending Democratic Underground in Righthaven v. Democratic Underground.

Mr. Pulgram has also prosecuted several class action cases involving constitutional rights of privacy for employees, including cases involving drug testing, psychological testing, and political affiliation testing. With the ACLU, he represented citizens challenging the Bush Administration warrantless collection of electronic communications and records in the aftermath of 9/11.

Recent Appearances and Presentations

• "Legal Frontiers in Digital Media: Digital Copyright Mashup," Stanford Law School, May 17, 2013
• "Litigation A Trade Secret Case," Bridgeport Continuing Education, March 29, 2013
• "From Public Squares to Platforms: Free Expression in the Networked World," Stanford Law School, November 30, 2011
• "Recent Cases on Right of Publicity and the First Amendment," Copyright Society of San Francisco, January 12, 2011
• "Video Piracy – Without The Piracy," Forbes, September 8, 2008
• "Exploiting the Social Graph: What are the Boundaries; Legal or Otherwise," OnHollywood 2008 Conference, June 10, 2008
• "Can Copyright and DRM be Fair and Balanced?," OnHollywood 2007 Conference, May 2, 2007
• "Copyright, DRM Technology and Consumer Protection," Moderator, U.C. Berkeley, Boalt Hall School of Law, March 10, 2007
• "MGM v. Grokster – Not Just About Music: Implications for All IP Owners and Technology Developers," Strafford Publications, Inc., July 21, 2005
• "What Grokster Really Means for Your Business – a Non-Instant Analysis," Fenwick & West LLP Intellectual Property and Litigation Practice Groups, July 12, 2005
• Sony v. Universal: The Betamax Decision Twenty Years Hence," Southwestern University Law Review, Symposium, Volume 34, Number 2, March 11, 2004
• "Litigation at the Cutting Edges of Technology Law," Lecture, Stanford LLM Program, August 27, 2003
• "Feature Distribution and the Threat of Internet Piracy – Evaluating the Short and Long Term Implications," Digital Hollywood at CES, January 9, 2003
• "The Entertainment Industry vs. ReplayTV: Fast Forwarding the Laws of Copyright and Fair Use," Berkeley Center for Law and Technology, October 2, 2002
• "Digital Landscapes: Redrawing the Boundaries in Entertainment, Media and the Law," Stanford Law and Technology Association, April 20, 2002

Publications

• "Ninth Circuit Holds Computer Fraud and Abuse Act Criminalizes Employee’s Access To Information In Violation Of Employer’s Express Access Limitations", Fenwick & West Litigation Alert, Laurence F. Pulgram, Tyler G. Newby & Sebastian E. Kaplan, May 2, 2011
• "U.S. Supreme Court Enforces Class Action Waivers in Consumer Arbitration Agreements", Fenwick & West Litigation Alert, Laurence F. Pulgram, Marybeth Milionis & Guinevere Jobson, April 28, 2011
• "Effects of Recent Rulings on the Enforceability of Open Source Licenses", Fenwick & West IP Bulletin, Robert C. Dowers & Laurence F. Pulgram, July 7, 2009
• "Seventh Circuit Upholds CDA Immunity for Craigslist—But What Is The Impact, If Any, On Roommate.com?", Fenwick & West Litigation Alert, Laurence F. Pulgram, Ilana S. Rubel, & Julie Nokleberg, March 17, 2008
• "Ninth Circuit Limits CDA Immunity for ISPs", Fenwick & West Litigation Alert, Laurence F. Pulgram, Ilana S. Rubel, & Julie Nokleberg, May 17, 2007