Derek A. Newman
Background:
Derek
focuses his practice primarily on Internet law, intellectual
property, advertising law, and the First Amendment.
He handles complex civil litigation, as well as business deals and
corporate transactions.
Litigation:
Derek
represents clients in copyright, trademark, patent, publicity
rights, trade secret, and marketing disputes. He has appeared in
federal courts throughout the country, and has handled appeals in
several federal circuit and state appellate courts. Derek
represents clients in litigation against the Federal Trade
Commission and in trademark cancellation and opposition
proceedings before the federal Trademark Trial and Appeal Board
(TTAB). Derek has recently negotiated several multi-million dollar settlements for
plaintiffs. For defendants, Derek has won numerous dismissals and
has settled dozens of cases for nominal value.
Internet
Disputes:
Derek has counseled clients in hundreds of domain
name disputes, and has represented parties both in federal court
and before Uniform Domain Name Dispute Resolution Policy (UDRP)
panelists. He also represents domain name registrars and
registries in policy development and dispute resolution. Derek has
been lead counsel in novel and groundbreaking cases in the arena
of Internet policy. For example, he successfully represented the
plaintiffs in the class action case of Smiley v. ICANN, alleging
that the launch of the <.biz> top-level domain was an
illegal lottery. The case resolved in an unprecedented
multi-million dollar settlement providing most consumers with a
full refund for money spent. Derek also represents email marketers. A few years ago,
he was the first attorney to win a judgment for attorney's fees against a
plaintiff alleging violations of Washington's unsolicited commercial email or '”spam”
law; and this year became the first attorney to win a judgment for attorney's fees
in favor of a defendant in a federal CAN-SPAM case (the amount of which was in the six figures).
Appeals:
Derek has won
appeals before several courts, including the United States Courts
of Appeal for the Sixth and Ninth Circuits. Derek recently argued
and won a case before the Utah Supreme Court that resulted in a
unanimous opinion in favor of Derek's client based upon the
Fourteenth Amendment to the United States Constitution. Under the
First Amendment, Derek won an appeal before the Sixth Circuit
overturning a federal district court injunction that would have
blocked the Internet distribution of a video of public concern.
Transactions:
Derek
represents clients in various corporate transactions, from
business formation and enterprise organization to strategic
alliances, joint ventures, mergers/acquisitions, and licensing.
Derek also counsels clients in the acquisition, protection and
management of intellectual properties, including corporate
trademarks, art/designs, software code and writings protected by
copyright and trade secrets.
Media and Public
Relations:
Derek has represented clients appearing before
Congress and other legislative bodies regarding policies involving
the Internet, intellectual property and domain name issues,
including issues of privacy, censorship, the First Amendment, and
general governance of the Internet and the Domain Name System. He
has been a frequent speaker over the years to the Internet and
domain name trade and on programs on FOX News, MSNBC, CNBC, CNN,
Court TV, as well as on other national and local news shows, about
Internet law and the First Amendment. Derek is also the host of
the First Amendment
Minute, a weekly 60 second radio entertainment feature.
Bar/Court Admissions:
States: California and Washington
United States District Courts: Western and Eastern Districts of Washington; Central, Southern, Northern, and Eastern Districts of California; and many others, including District Courts in New York, Illinois, Texas, Michigan, Florida, North Carolina, Indiana, Ohio, Oklahoma, and Virginia
United States Courts of Appeal: Sixth Circuit, Seventh Circuit, Ninth Circuit
United States Supreme Court
Education and Prior Experience:
Judicial Extern, the Honorable Terry J. Hatter, United States District Court, Central District of California, Los Angeles
San Diego State University, B.A. in Speech Communication