Clients value Andrew’s strategic advice on business model risks that reflects his more than 30 years of litigation experience in cutting-edge cases.

Andrew is one of the country’s top litigators on cutting-edge and high-stakes intellectual property issues affecting technology, online platform and consumer-oriented companies. Clients of all sizes seek him out not only to solve immediate litigation needs but also to help anticipate the potential policy implications and risks of new business models and technologies. While Andrew has experience in many areas of litigation, he co-chairs Fenwick’s copyright litigation practice.

Andrew has a reputation as a vigorous and strategic advocate in tough and important fights, keeping his clients’ business and industry success foremost in his mind. Andrew has more than 30 years of complex litigation experience in internet, technology, media, copyright, trademark, advertising, freedom of expression, trade secret, consumer protection, unfair competition, licensing and other commercial law disputes.

He also coordinates global litigation matters for innovators and companies, and participates in international forums that shape policy developments affecting startups, technology companies and online platforms.

Andrew is proud of having mentored several prominent and rising figures in IP law, including lawyers at among the best-known tech companies. He has been an active contributor to the work of the Business and Industry Advisory Committee to the Organization for Economic Cooperation and Development and other international policy organizations.

Before joining Fenwick, Andrew was a partner and global vice chair of the intellectual property practice at a global law firm. From 1991 to 2004, he headed the trademarks and advertising practices group at an international law firm.

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  • Representative Cases

    The landmark cases that Andrew has led—and won—include:

    • Perfect 10 v. Google and Amazon.com (U.S. Court of Appeals for the Ninth Circuit): Obtained key Ninth Circuit victory on questions of fair use and direct infringement standards applicable to linking for Google on complex copyright claims arising from operation of the search engine
    • Perfect 10 v. Visa International Service Association (U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Northern District of California): For Mastercard, defeated all claims in complex copyright, trademark and publicity law secondary liability case, arguing for all defendants at hearings in district court and court of appeals
    • Recording Industry Association of America v. Diamond Multimedia Systems (U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Central District of California): Successfully defended launch of the first popular MP3 music player against claims under Audio Home Recording Act, with victories in the trial court and court of appeals
    • Perfect 10 v. Giganews (U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Central District of California): Defeated all claims in a copyright, trademark and publicity rights case pertaining to clients’ Usenet service, with landmark U.S. Court of Appeals for the Ninth Circuit rulings on direct infringement, contributory infringement and vicarious liability standards; obtained a $5.6 million attorney’s fees award for defendants
    • USA v. Richard O’Dwyer (U.S. District Court for the Southern District of New York): Defended a U.K. university student against criminal prosecution and extradition efforts relative to the operation of a UK-based “linking” website; the U.S. government dropped the prosecution and extradition
    • Huntsman v. Soderbergh (U.S. District Court for the District of Colorado): Successfully defended ClearPlay, maker of DVD replay filtering software, against cutting-edge copyright (derivative work) claims by major motion picture studios and Lanham Act (mutilation) claims by major Hollywood directors and their guild (victory achieved through passage of Family Movie Act of 1995)
    • Average Joe’s Entertainment v. SoundCloud (U.S. District Court for the Middle District of Tennessee): Successfully defended a Berlin, Germany-based music service against copyright claims after the court granted summary judgment, rejecting all of the plaintiff’s claims
    • Alliance of Artists and Recording Companies v. General Motors (U.S. Court of Appeals for the District of Columbia Circuit; U.S. District Court for the District of Columbia): For GM, obtained summary judgment on the principal issue, which claimed “infotainment” systems in some GM vehicles fell under the Audio Home Recording Act (AHRA). This was the second decision ever on claims under the 1992 Audio Home Recording Act, another landmark decision, which Andrew won in 1999
    • American Society for Testing of Materials v. Public.Resource.Org and American Educational Research Association v. Public.Resource.Org (U.S. Court of Appeals for the District of Columbia Circuit) (pro bono, ongoing): For Public.Resource.Org (with Corynne McSherry of Electronic Frontier Foundation as co-counsel) obtained reversal of permanent injunction and remand of cases involving the public posting of industry and building standards and codes after they have been enacted as law through “incorporation by reference” (the case now resumes proceedings in district court on question of fair use and ownership). These consolidated cases could have a profound societal effect, as the core question is whether private parties may assert copyright rights over the law itself, merely because the text of the law originated from outside the government
    • Obtained the first recapture of a domain name after seizure by Homeland Security (dajaz1.com, U.S. Attorney’s Office for the Central District of California)

    Andrew has also drafted important and influential amicus briefs in numerous other internet, technology and IP related cases. They include:

    • In re Apple iPhone (U.S. District Court for the Central District of California): Represented trade associations and companies supporting Apple against the U.S. government’s effort to crack into San Bernardino gunman Syed Farook’s iPhone
    • Arizona v. NTIA (U.S. District Court for the Southern District of Texas): Represented many major internet stakeholders supporting the U.S. government against a last-minute emergency motion by four states to halt its transfer of IANA stewardship functions to ICANN, filing the only amicus brief in the case 20 hours after being retained
    • A&M Records v. Napster (U.S. Court of Appeals for the Ninth Circuit): Drafted influential neutral amicus brief on behalf of Digital Media Association in major P2P copyright litigation
  • Recent Recognitions

    Andrew has been honored by a host of prominent publications and organizations. His most recent recognitions include:

    • California State Bar, Vanguard Award, recognized for IP law (2014)
    • World Trademark Review 1000, honored in the U.S. and California for trademark enforcement and litigation (2020)
    • National Law Journal, named an IP Trailblazer (2017)
    • Chambers USA, ranked among leading lawyers for intellectual property (trademark, copyright and trade secrets) (2020)
    • Chambers Global, ranked among leading global lawyers for intellectual property (trademark, copyright and trade secrets) (2020)
    • The Legal 500, recognized for copyright law (2020)
    • Best Lawyers, recognized for copyright law (2019)
    • Managing Intellectual Property, recognized as an IP Star (2020)

Education & Admissions

M.A., University of Oxford

J.D., cum laude, Harvard Law School

B.A., Philosophy and Ancient History
University of Oxford (Merton College)
Honours

A.B., with distinction, Greek and Latin
Stanford University
Phi Beta Kappa

Graduate Studies in Archaeology
The American School of Classical Studies at Athens
Rotary Foundation Fellowship

Admitted to practice in California and Georgia

Admitted to practice before the U.S. Supreme Court, the United States Courts of Appeals for the Second, Ninth, Eleventh and Federal Circuits, and numerous U.S. District Courts across the United States

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