Andrew L. Deutsch is a partner in the firm's New York office and a member of its Intellectual Property practice group. Mr. Deutsch concentrates in intellectual property litigation and advice, including copyright, trademark, defamation and other First Amendment concerns, trade secret, unfair competition, advertising law, and law of the Internet and electronic databases. He also assists clients in drafting and negotiating web site contracts, trademark and copyright licenses, advertising and sponsorship agreements, confidentiality agreements, employee restrictive covenants, and other methods of protecting intellectual property.

Mr. Deutsch has substantial experience in commercial litigation, including accounting and indemnification disputes arising from corporate acquisitions. He practices before federal and state courts, arbitration panels, and industry dispute resolution organizations such as the National Advertising Division of the Council of Better Business Bureaus. He has represented clients in such high-technology fields as computer software design, polymer chemistry, and smart cards.

Mr. Deutsch was lead counsel for the successful defense in National Basketball Association et al. v. Motorola, Inc. and Sports Team Analysis and Tracking Systems, Inc., d/b/a STATS, Inc. 105 F.3d 841 (2d Cir. 1997), a landmark decision that interpreted the scope of the "hot-news" misappropriation tort and preemption of state claims by the federal Copyright Act. On behalf of leading options and stock exchanges, he obtained groundbreaking rulings that exchanges that list index-linked exchange-traded funds and options on such funds without a license from index creators do not misappropriate the intellectual property of the index creators or infringe their trademarks (The McGraw-Hill Companies, Inc. v. International Securities Exchange, Inc., 451 F.3d 295 (2d Cir. 2006); The Nasdaq Stock Market, Inc. v. Archipelago Holdings, LLC, 336 F. Supp. 294 (S.D.N.Y. 2004)). As lead counsel, he has litigated cases involving issues such as the copyrightability of public records (County of Suffolk v. First American Real Estate Solutions, 261 F.3d 179 (2d Cir. 2001)). He was co-counsel to Nation Enterprises in Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539 (1985).

Admissions

• Illinois
• New York
• United States District Court for the Northern District of New York
• United States District Court for the Southern District of New York
• United States District Court for the Eastern District of New York
• United States District Court for the Western District of New York
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Third Circuit
• United States Court of Appeals for the Fourth Circuit
• United States Court of Appeals for the Ninth Circuit
• United States Court of Appeals for the Eleventh Circuit
• United States Supreme Court

Memberships

• Sections of Intellectual Property Law and Litigation, American Bar Association
• Copyright Society of the U.S.A.
• Association of the Bar of the City of New York (Committee on Communications and Media Law)
• Media Law Resources Center

Publications

• "Webcasting Sports: Professional Leagues Battle Real-Time Use of Game Data," New York Law Journal (July 6, 2004)
• "What The Start-Up Company Should Know About Trade Secrets," Advising Start-Up and Emerging Companies (September 2002)
• "Is there Enforceable Copyright in ‘The Law?" New York Law Journal (August 13, 2002)
• "Ruling Creates a Split in Dilution Jurisprudence," National Law Journal (October 25, 1999)
• "Bill Protecting Data Advances in Congress," Editor & Publisher (May 2, 1998)
• "House of Representatives Reviews Database Legislation," National Law Journal (April 27, 1998)
• "Congress to Consider Data Base Bill," National Law Journal(October 20, 1997)
• "Copyright, Misappropriation, and Hot-News Doctrine," New York Law Journal (March 11, 1997)

Seminars

• Panelist, “Examining Fantasy Sports Legal Issues,” 7th Annual Sports Media & Technology Conference, Street & Smith Sports Group and Players, Inc. (New York, November 2005)
• Presenter and Panelist, “Privacy, Copyright, Security, Advertising – The Perfect Storm,” 20th Annual Intellectual Property Law Conference, American Bar Association Section of Intellectual Property Law (Arlington, VA, April 2005)
• Presenter, "Protecting Your Clients' Intellectual Property and First Amendment Rights in the New Technology Environment,” Association of the Bar of the City of New York City Bar Center for Continuing Legal Education, New York (April 2003)
• Presenter, "Protecting & Managing Online Content," National Conference and Research Group, New York (December 2002)
• Organizer and Presenter, "Protecting Intellectual Property in the Global Digital Age," Association of the Bar of the City of New York CitiBar Center for CLE, New York (October 2001)
• Organizer and Presenter, "Get Wired: Practicing Law in the Internet Age," Association of the Bar of the City of New York CitiBar Center for CLE, New York (October 2000)
• Presenter and Panel Leader, "Ownership of the News" at Practicing Law Institute Newsgathering and Libel Litigation seminar (June 2000)
• Organizer and Presenter, "Get Wired: Practicing Law in the Internet Age," Association of the Bar of the City of New York CitiBar Center for CLE, New York (October 1999)
• Presenter, "Ownership of the News," at Practicing Law Institute Newsgathering and Libel Litigation seminar, New York (June 1998)
• Presenter, "Hot News after NBA v. Motorola and STATS, Inc .," Law Seminars International Electronic Publishing: Risks and Opportunities seminars, Seattle: October 1997; Phoenix, (March 1998)