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Andrew
L.
Deutsch
Partner
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Andrew L. Deutsch is a partner in DLA Piper's New York office and a member of its Intellectual Property and Technology practice 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 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 also has substantial experience in commercial litigation, including disputes over acquisition of software systems and 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, and has acted as an arbitrator in commercial disputes. 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 (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 was co-counsel to Nation Enterprises in Harper & Row Publishers, Inc. v. Nation Enterprises, 471 US 539 (1985).
Admissions
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New York
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Illinois
- 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
- United States Supreme Court
Memberships
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Sections of Intellectual Property Law and Litigation, American Bar Association
Copyright Society of the U.S.A.
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Association of the Bar of the City of New York (Committee on Communications and Media Law)
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Media Law Resource Center
Publications
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"Webcasting Sports: Professional Leagues Battle Real-Time Use of Game Data," New York Law Journal (July 6, 2004)
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"What The Start-Up Company Should Know About Trade Secrets," Advising Start-Up and Emerging Companies (September 2002)
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"Is there Enforceable Copyright in ‘The Law?" New York Law Journal (August 13, 2002)
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"Ruling Creates a Split in Dilution Jurisprudence," National Law Journal (October 25, 1999)
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"Bill Protecting Data Advances in Congress," Editor & Publisher (May 2, 1998)
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"House of Representatives Reviews Database Legislation," National Law Journal (April 27, 1998)
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"Congress to Consider Data Base Bill," National Law Journal(October 20, 1997)
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"Copyright, Misappropriation, and Hot-News Doctrine," New York Law Journal (March 11, 1997)
Seminars
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Faculty member, "Copyright, Hot News, and the Internet" at Practicing Law Institute Advanced Seminar in Copyright Law (New York, April 2010)
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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)
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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)
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Panelist, "Examining Fantasy Sports Legal Issues," 7th Annual Sports Media & Technology Conference, Street & Smith Sports Group and Players, Inc. (New York, November 2005)
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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)
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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)
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Presenter, "Protecting & Managing Online Content," National Conference and Research Group, New York (December 2002)
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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)
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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)
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Presenter and Panel Leader, "Ownership of the News," at Practicing Law Institute Newsgathering and Libel Litigation seminar (June 2000)
EDUCATION
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J.D., Yale University 1977
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A.B., Vassar College 1973
cum laude
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C.E.P., Institut d'Etudes Politiques de Paris 1974
 The Martindale-Hubbell Peer Review icon is a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accord with the terms and conditions established by Martindale-Hubbell.
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EDUCATION
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J.D.,
Yale University
1977
-
A.B.,
Vassar College
1973
cum laude
-
C.E.P.,
Institut d'Etudes Politiques de Paris
1974
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