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Andrew L. Deutsch

Partner

andrew.deutsch@dlapiper.com

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1251 Avenue of the Americas
New York, New York 10020-1104
United States
T: +1 212 335 4880 F: +1 212 884 8580

Andrew L. Deutsch is a partner in the firm's New York office and a member of its Intellectual Property and Technology group. Mr. Deutsch concentrates in intellectual property litigation and advice, including copyright, trademark, defamation and other First Amendment concerns, trade secret, unfair competition and misappropriation, advertising law, and law of the Internet, social media and electronic databases.

He represents news agencies and publishers in matters arising from electronic and print distribution of news content. 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 was lead counsel for the successful defense in National Basketball Association v. Motorola, 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. He represented a coalition of 13 media companies as amici curiae in the Second Circuit’s latest hot news and copyright preemption ruling, Barclays Capital Inc. v. Theflyonthewall.com, Inc., 650 F.3d 879 (2d Cir 2011). 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 (Dow Jones & Company, 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)). On behalf of a leading news service, he obtained the first ruling to confirm the viability of hot-news misappropriation in the Internet era (The Associated Press v. All Headline News Corp., 608 F. Supp. 2d 454 (S.D.N.Y. 2009)). On behalf of a major real estate information company. he obtained a key ruling upholding the right of access to electronically archived public records (Data Tree LLC v. Romaine, 9 N.Y. 3d 454 (2007)). He obtained an appellate decision that restored the exclusive right of a leading cigar manufacturer to sell COHIBA cigars in the United States (Empresa Cubana del Tabaco d./b/a Cubatabaco v. General Cigar Co., Inc., 385 Fed. Appx. 29 (2d Cir. 2010)). 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 Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States District Court for the Western District of New York
United States District Court for the Northern District of Illinois
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
Supreme Court of the United States

Memberships

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 Resource Center

Publications

"Golan v. Holder: The Copyright Fight Moves from the Court to Congress," Intellectual Property Magazine (February 2012)
"Second Circuit Reverses 'Hot News' Judgment and Injunction, But Media 'Hot News' Claims Remain Viable," MLRC MediaLawLetter (July 2011)
"Back to Page One: The Rejection of the Google Book Settlement," Intellectual Property Magazine (June 2011)
"Libel Tourism: No Passport Required," Publishers Weekly & Bookbrunch Frankfurt Fair Dealer (October 7, 2010)
"Publishers Increasingly Invoke 'Hot News' Doctrine," The National Law Journal (co-authored with Srinandan Kasi and Riyad A. Omar) (May 17, 2010)
"Protecting News in the Digital Era: The Case for a Federalized Hot-News Misappropriation Tort," in Advanced Seminar in Copyright Law (PLI, April 2010)
"Comment May Be Free – But is it Fair and is it a Defence?" Publishers Weekly & Bookbrunch London Fair Dealer (April 19, 2010)
"Libel Tourism: Is It Worth The Trip?" Publishers Weekly & Bookbrunch Frankfurt Fair Dealer (October 16, 2009)
"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, "Hot News – Hot New Doctrine or Yesterday’s News?" New York Intellectual Property Law Association CLE Program (New York, April 2012)
Faculty member, "Trademarks, Copyrights and the Internet: What a Nonprofit Needs to Know to Build Its Brand and Avoid Legal Trouble," Lawyers Alliance for New York/Pfizer Inc. (New York, June 2010)
Faculty member, "Copyright, Hot News, and the Internet" at Practicing Law Institute Advanced Seminar in Copyright Law (New York, April 2010)
Moderator and Presenter, "Clicking 'Refresh': A New Look at Fair Use in the Digital Age," panel discussion at Association of the Bar of the City of New York (October 2009)
Panelist, "Is All Fair in Love and War? The Battle Over Fair Use," at Legal Frontiers in Digital Media Conference, Stanford Law School Center for Internet & Society (Palo Alto, May 2009)
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, Virginia 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)