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Admitted to Practice

  • New York, 1996
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York

Lance Koonce

KoonceLance
Partner
T212.603.6467
F212.489.8340

Lance Koonce assists clients in a variety of industries, including technology, advertising, publishing, music, television/film, fashion, and consumer products. Lance specializes in intellectual property and privacy/data security matters, and has extensive experience analyzing the implications of new technologies. As a litigator, he has nearly 20 years of experience trying complex commercial cases in state and federal court, including jury trials.

Lance is also a member of DWT’s Breach Response Team (dwt.com/IncidentResponse).

Representative Experience

China Central Television et al. v. Create New Technology et al.

Represent Chinese television broadcasters and DISH Network in copyright infringement action against manufacturer and distributor of "TVpad" set-top box alleged to stream infringing content to users in the United States. (C.D. Cal. 2015)

Institute for New Economic Thinking, Inc. v. Glow Media & Marketing, Inc. et al

Represented not-for-profit in litigation over return of domain names from consultant. (S.D.N.Y. 2015)

Spokeo, Inc.v. Thomas Robins

Submitted amicus brief on behalf of a group of eight media amici urging the U. S. Supreme Court to overturn the 9th Circuit's ruling allowing a class action alleging violations of the Fair Credit Reporting Act to go forward without any allegation of an "injury in fact" for standing under Article III of the US Constitution, and highlighting the damage to media companies caused by class actions where plaintiffs leverage technical violations of privacy statutes to threaten enormous statutory damages, severely impacting those companies' business models, and chilling speech. (U.S. 2015)

Poquito Mas v. Taco Bell

Represented Taco Bell in trademark infringement action brought by Poquito Mas alleging that Taco Bell’s use of the slogan "LIVE MÁS" infringes the POQUITO MAS trademark. (C.D. Cal. 2014)

Email hacking matter

Represented international corporation in connection with hacking of sensitive corporate email accounts. (2014-2015)

In re National Security Letter (Under Seal v. Holder)

Submitted amicus brief challenging the constitutionality of the FBI’s efforts to collect information about activities protected by the First Amendment and to impose a perpetual, blanket gag order on the recipient. (9th Cir. 2014)

BWP Media USA v. Advance Magazines

Defended publisher of Lucky Magazine and website against claim of copyright infringement involving photographs posted by users in online forum. (S.D.N.Y. 2014)

Cyber-extortion matter

Represented large social media site in connection with cyber-extortion threats. (2013)

First Unitarian Church of Los Angeles v. National Security Agency

Submitted amicus brief on behalf of PEN American Center highlighting the chilling effect of NSA’s sweeping collection of metadata on writers. (N.D. Cal. 2013)

Munchkin Inc. v. Playtex Products LLC

Represented Playtex in false advertising jury trial involving advertising superiority claims as to the parties’ respective infant care products. (C.D. Cal., 9th Cir. 2011-2013)

Oracle America, Inc. v. Google Inc.

Submitted amicus brief on behalf of former Register of Copyrights supporting Oracle's position in copyright infringement action that menu command structure of software is protectable expression under Copyright Act. (2013)

Schrock v. Wenner Media

Represented Wenner Media, the publisher of Us Weekly, in putative class action for allegedly sending unauthorized text messages in violation of Telephone Consumer Protection Act and state privacy laws. (N.D. Ill. 2012)

Conde Nast v. Barry

Successfully represented Conde Nast in action under Anti-Cybersquatting Consumer Protection Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award. (S.D.N.Y. 2012)

Erick Van Egeraat v. NBBJ LLC et al.

Defended NBBJ, an architectural firm, in a copyright action brought by a Dutch architect alleging that NBBJ’s architectural design for a multi-use residential and commercial skyscraper complex in Moscow, infringed the Dutch architect’s earlier design for that project. Plaintiff claimed copyright infringement under both United States and Russian copyright law and unfair competition under the Lanham Act. (S.D.N.Y. 2012)

Haberman v. City of Long Beach, et al.

Successfully appealed to New York Court of Appeals to overturn dismissal of litigation over denial of building permit, where zoning board of appeals disavowed litigation agreement to extend zoning variance. In issue of first impression, the Court of Appeals held that counsel for zoning board could bind the board by signing stipulation, and that no additional public hearing was required. (N.Y. Sup. Ct. 2012)

Rose Group Park Avenue Corp. v. State Liquor Authority of New York

Representation of catering company operating under shared space arrangement with historic church, in petition to overturn denial of license application. (N.Y. Sup. Ct. (Commercial Division) App. Div., 2011-2012)

Digiprotect USA v. John Does

Successfully represented cable ISP in two cases, objecting to subpoenas for subscriber information. (S.D.N.Y. 2011)

Willagirl LLC v. The Wella Corporation

Represented The Wella Corporation in a trademark infringement suit arising out of Willagirl LLC’s proposed use of the “Willa” trademark on hair care, skin care and related beauty products. (S.D.N.Y. 2011)

Cantor Fitzgerald Securities v. Port Authority

Represented Cantor Fitzgerald in its action seeking damages for its business interruption losses arising out of the 1993 bombing of the World Trade Center. (2010)

Clifton Mallery v. NBC Universal

Represented NBC in a copyright action brought by plaintiffs claiming that the television program 'Heroes' infringed their copyright in a documentary and manuscript about their lives as divination artists. Summary judgment granted for defendants; affirmed by the 2nd Circuit; certiorari petition denied. 2009 WL 1532494 (2d Cir. 2010) Read more

Hardy Way, LLC v. Preferred Fragrance, Inc.

Defended perfume manufacturer in trade dress, trademark dilution and copyright infringement litigation involving packaging for alternative designer fragrance. (S.D.N.Y. 2010)

In re Rule 45 subpoena issued to Cablevision Systems Corp.

Successfully moved to quash subpoena seeking private information of individual posting anonymously on Internet message boards regarding public company, on First Amendment grounds. (E.D.N.Y. 2010)

Salinger v. Colting

Represented J.D. Salinger in a copyright infringement action against the author, publisher and distributor of a self-proclaimed sequel to "The Catcher in the Rye." Motion for preliminary injunction was granted and appealed to the 2nd Circuit where the matter was vacated and remanded. Permanent injunction entered; case settled. 641 F. Supp. 2d 250 (S.D.N.Y., 2d Cir. 2010)

Steinbeck v. McIntosh & Otis, Inc., Estate of Elaine Steinbeck, et al.

Represented literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted and affirmed by the 2nd Circuit. 2009 WL 928189, 2010 WL 3995982 (S.D.N.Y., 2d Cir. 2010)

Morisseau v. DLA Piper U.S. LLP, Proskauer Rose LLP, and ALM Media Inc.

Represented DLA Piper U.S., LLP, in New York state court, successfully defeating the petitioner's motion for pre-action discovery in aid of framing a complaint for libel arising from the publication of an allegedly false and defamatory article about the petitioner, who was a party to a federal discrimination lawsuit. Index No. 08100448 (N.Y. Sup. Ct. 2009)

Akamai v. Diaz

Represented employee in litigation brought by former employer for breach of noncompete and misappropriation of trade secrets. (Mass. Sup. Ct. 2008)

Derek Andrew, Inc. v. Poof Apparel Corp.

Represented clothing designer in a trademark infringement litigation against manufacturer using counterfeit hangtags. Damages claims tried before U.S. District Court of the Western District of Washington and affirmed by 9th Circuit. 528 F.3d 696, 87 U.S.P.Q.2d (9th Cir. 2008)

Horizon Media, Inc. v. Leible

Defended employee and new employer in litigation brought by former employer for breach of restrictive covenants and tortious interference. (N.Y. Sup. Ct. 2008)

Jonesfilm v. Lions Gate Entertainment

Represented Lions Gate and other defendants in an action instituted by Jonesfilm for alleged infringement of its claimed trademark in the title of the motion picture "9 1/2 Weeks;" involved prequel rights; tried before IFTA after two 2nd Circuit appeals; confirmed and affirmed on appeal to 9th Circuit. 299 F.3d 134 (2d Cir. 2002), 65 F. App'x 361 (2d Cir. 2003) (2d Cir., 9th Cir. 2008)

Time Inc., et al. v. Budd, et al.

Represented magazine publishers in copyright and trademark infringement action against website described as 'Napster for the magazine industry.' (S.D.N.Y. 2008) Read more

Webcasting and Internet radio royalties disputes for small commercial webcasters

Representation of the small commercial webcasters in administrative litigation before the Copyright Royalty Board in Internet Radio royalty rate-setting proceeding. (2007)

Shine v. David M. Childs and Skidmore, Owings & Merrill

Represented architectural firm that designed original Freedom Tower in action involving alleged copyright infringement of architectural design of Yale architecture student. Settled after motion to dismiss granted in part. 382 F. Supp. 2d 602 (S.D.N.Y. 2006)

The Knot, Inc. v. Ruben Rotteveel

Represented owner of Brides.com website in case brought by competing bridal website involving allegations of misappropriation of proprietary business information and trade secrets, including website functionality. (N.Y. Sup. Ct. 2006)

Estate of J.R.R. Tolkien v. Perry

Represented the Estate of J.R.R. Tolkien as plaintiff in a copyright infringement action against Inkling Books based on chronology of "Lord of the Rings." Preliminary injunction granted; settled thereafter. (W.D. Wash. 2003)

Professional & Community Activities

  • Co-Chair, Cyberspace Law Committee, New York County Lawyers Association
  • Member, Federal Bar Association
  • Former Chairman and Member of Grants Committee; Member – Copyright Society of the United States
  • Founding Editor, Privacy and Security Law Blog
  • Former Secretary, Committee on State Courts of Superior Jurisdiction; Member – New York City Bar Association
  • New York State Bar Association
  • Elder, Huguenot Memorial Presbyterian Church
  • Spring Gala Committee, Pelham Picture House
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