About Ethan
When I launched my firm in 2021, I had fifteen years of litigation experience, including as a partner at a San Francisco intellectual property boutique, an associate at the New York offices of a globe-spanning firm, and as a clerk for a federal judge. I use that experience to combine top-tier representation with service that is practical, cost-effective, and personalized.
I live in San Francisco's Mission Terrace neighborhood. When I’m not practicing law, you can find me playing with my kids, running (okay—jogging) to the top of Bernal Heights, or trying to make the perfect profiterole.
Education
Columbia Law School, J.D. (Harlan Fiske Stone Scholar; Columbia Law Review) (2004)
Pomona College, B.A. Philosophy, cum laude (1997)
Prior Experience
Holland Law LLP (San Francisco), partner
Covington & Burling LLP (New York), associate
Clerkships
Judge Naomi Reice Buchwald, U.S. District Court for the Southern District of New York
Professional Affiliations and Activities
The Copyright Society (member, former National Chapter Coordinator)
Bar Admissions
California
New York
Select Engagements
Represented several entrepreneurs in founder disputes and contentious business divorces.
Represented real estate advisory firm in lawsuit over commissions due on high-rise development project. Residential Realty Advisors, Inc. v. The Mark Company Inc., N.D. Cal. Case No. 19-cv-4042.
Represented film production company in dispute over competing dramatic and documentary film projects.
Represented technology entrepreneur in disputes and litigation arising from the operation of the MTGOX bitcoin exchange.
Brought suit to obtain emergency relief against client’s competitor for inducing an employee to download and abscond with trade secrets.
Represented software developer in copyright infringement lawsuit to enjoin copycat app.
Represented accrediting commission in City Attorney lawsuit arising from commission’s decision to terminate community college’s accreditation. Result: court trial culminated in a defeat of all of City Attorney’s claims that the commission was motivated by political and personal bias against the college.
Represented the author of Point Break LIVE!, a parody of the 1991 action film Point Break, in her jury trial against a producer for breach of contract and copyright infringement. Result: unanimous verdict and damages award for client—one of only a few trials nationwide in which a jury has decided “fair use” under the Copyright Act. Keeling v. New Rock Theater Productions, LLC, et al., S.D.N.Y. Case No. 10 Civ. 9345.
Represented a major record company in purported class actions challenging the payment of artist royalties on downloads of digital music. Shropshire v. Sony Music Entertainment, S.D.N.Y. Case No. 06 Civ. 3232 and The Youngbloods v. BMG Music, S.D.N.Y. Case No. 07 Civ. 2394.
Speaking Engagements
Basic Principles of Copyright Law, Practicing Law Institute, July 7, 2022
Using Copyright for Non-Copyright Purposes, Copyright Society of the USA, March 9, 2021
Copyright, Memes, and Politics, Copyright Society of the USA, October 22, 2019
Copyright and Video Game Clones: Battle Royale of the Battles Royale, Copyright Society of the USA, December 5, 2018
Point Break? Parody Through the Lens of Live Theater, Copyright Society of the USA, March 15, 2018
News & Press
Fortnite Takes Heat from Rappers, Actors on Monetized Dance Moves, Gamedaily.biz, November 19, 2018
Better Luck Next Time! ‘PUBG’ Dropped Its Lawsuit Against ‘Fortnite’, Motherboard, June 27, 2018
Infowars Is Fighting for the Right to Keep Using Pepe the Frog on Merchandise, Motherboard, June 13, 2018
Judge Turns Back Copyright Claims Over Film Special Effects, The Recorder, February 23, 2018
The Great Meme War II: Amid Lawsuit Threats, the Alt-Right Says Pepe Belongs to Them, Motherboard, September 19, 2017