Armen N. Nercessian

650-335-7281
anercessian@fenwick.com
Associate
Litigation

Armen N.
Nercessian

Armen N.
Nercessian

Armen N.
Nercessian

Associate
Litigation
Industries

Armen focuses on litigation. He regularly represents technology, life sciences and gaming clients in a variety of intellectual property (copyright, trademark and trade secret), commercial and unfair competition-related matters, as well as in complex consumer disputes such as class actions and mass arbitrations. Armen also frequently counsels all manner of online service providers, including platforms, website optimization services, cybersecurity companies, conduits and search and location services, concerning intermediary liability issues based on the conduct of users and third parties.

Armen has a project management and data analytics background. He has deep experience in handling complicated projects that involve multiple priorities, stakeholders, and dependencies, as well as building the systems necessary to accomplish strategic objectives, manage workflows, and satisfy reporting needs on complex matters effectively and efficiently.

Armen maintains an active pro bono docket. In 2017, together with Stanford Community Law Clinic, the Law Foundation of Silicon Valley and the Public Interest Law Project, he defeated an attempt by the California Apartment Association and institutional landlords to block implementation of Mountain View’s ballot measure on rent stabilization. Since 2022, Armen has partnered with the Lawyers’ Committee for Civil Rights Under Law to represent advocacy groups in Georgia to challenge voter restrictions in Georgia’s Senate Bill 202 and secured a preliminary injunction against prohibitions on counting certain absentee ballots and on offering food and water to voters waiting in line at the polls (currently on appeal before the Eleventh Circuit). In addition, Armen participated in Southern Poverty Law Center’s Southeast Immigrant Freedom Initiative and helped a veteran receive benefits from the United States Department of Veteran Affairs in partnership with Swords to Plowshares. Armen currently serves as Board President of the Public Interest Law Project.

While in law school, he was a member of the Moot Court Board and served as a law clerk for the Orleans Public Defenders office.

  • Successfully defended a major online web retailer in a putative nationwide class action challenging its advertising practices. Ninth Circuit affirmed order dismissing complaint, in its entirety, with prejudice.
  • Successfully obtained summary judgment in favor of an internet security company in copyright infringement claims for providing online services to retailers who allegedly infringed image copyrights.
  • Obtained summary judgment in favor of non-profit group, Public.Resource.Org, Inc., in copyright infringement lawsuits brought by standard-setting organizations. D.C. Circuit affirmed district court holding that non-commercial posting of standards incorporated by reference into law is fair use.
  • Obtained summary judgment in favor of car manufacturer GM, defeating application of the Audio Home Recording Act to auto “infotainment” systems.
  • Secured summary judgment victory for Giganews, a Usenet service provider, against copyright infringement claims and secured a fees award of more than $5.6 million, which the Ninth Circuit affirmed on appeal. Prevailed at trial in subsequent fraudulent conveyance action to obtain the fees.
  • Successfully defended putative nationwide consumer class claims against Intuit Inc. brought by users of TurboTax software. Ninth Circuit reversed federal district court order that denied motion to compel arbitration, ruling that users assented to TurboTax terms of service.
  • Successfully resolved consumer class action alleging violation of automatic renewal and gift certificate laws against digital content company.

  • Successfully defended a major online web retailer in a putative nationwide class action challenging its advertising practices. Ninth Circuit affirmed order dismissing complaint, in its entirety, with prejudice.
  • Successfully obtained summary judgment in favor of an internet security company in copyright infringement claims for providing online services to retailers who allegedly infringed image copyrights.
  • Obtained summary judgment in favor of non-profit group, Public.Resource.Org, Inc., in copyright infringement lawsuits brought by standard-setting organizations. D.C. Circuit affirmed district court holding that non-commercial posting of standards incorporated by reference into law is fair use.
  • Obtained summary judgment in favor of car manufacturer GM, defeating application of the Audio Home Recording Act to auto “infotainment” systems.
  • Secured summary judgment victory for Giganews, a Usenet service provider, against copyright infringement claims and secured a fees award of more than $5.6 million, which the Ninth Circuit affirmed on appeal. Prevailed at trial in subsequent fraudulent conveyance action to obtain the fees.
  • Successfully defended putative nationwide consumer class claims against Intuit Inc. brought by users of TurboTax software. Ninth Circuit reversed federal district court order that denied motion to compel arbitration, ruling that users assented to TurboTax terms of service.
  • Successfully resolved consumer class action alleging violation of automatic renewal and gift certificate laws against digital content company.

Recognition Recognition Recognition

Recognition Recognition Recognition

Recognition
U.S. News - Best Lawyers

2021

Named to its Ones to Watch list for Commercial Litigation

Managing IP

2020, 2023

Recognized as a Rising Star

The Legal 500

2023

Recognized for Trademark Litigation

Recognition
U.S. News - Best Lawyers

2021

Named to its Ones to Watch list for Commercial Litigation

Managing IP

2020, 2023

Recognized as a Rising Star

The Legal 500

2023

Recognized for Trademark Litigation