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Aereo: What Does the Supreme Court's Decision Mean for Other Internet Video and Cloud-Based Services?


Speaker(s): Bruce P. Keller, Jeffrey P. Cunard
Recorded on: Jul. 2, 2014
PLI Program #: 60094

Bruce Keller currently serves as an Assistant United States Attorney for the District of New Jersey, where he has worked on a wide range of matters including political corruption cases (such as Bridgegate and the conviction of Bergen County Democratic Organization Chairman Joseph Ferriero) identity theft, child pornography, violent crime and other matters.

Before that, Bruce led the intellectual property litigation practice at Debevoise & Plimpton LLP where litigated a number of widely publicized cases on behalf of:

  • ABC, CBS and NBC against Aereo (involving copyrights to their over- the-air broadcasts);
  • Sony Pictures (involving the mega-hit motion picture Spider-Man and the made-for-television movie “Who is Clark Rockefeller?");
  • Amazon (involving its Kindle device);
  • Howard Stern and CBS Radio (over the on-air handling of cremated remains);
  • the National Football League (involving multiple trademark and copyright matters including the copyright in the design of the Super Bowl® trophy); and
  • clothing retailer The Gap (involving the famous Gap trademark).

Mr. Keller is the co-author of two treatises. The first, with Jeffrey Cunard, is Copyright Law: A Practitioner’s Guide (Second Edition, 2015), published by Practising Law Institute. The second, The Law of Advertising, Marketing and Promotions (Law Journal Press 2011), was written with David Bernstein, a partner at Debevoise & Plimpton.

Mr. Keller, along with Mr. Cunard, also taught at Harvard Law School and was a Fellow at its Berkman Center for Internet and Society. In May 2008, both received the Berkman Award, the Center’s highest honor, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.

He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Boards of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others. He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.

Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.

Bar Admissions: New York, Massachusetts, New Jersey

Education
Boston University School of Law, 1979, J.D.
Cornell University, 1976, B.S.


Jeffrey Cunard, managing partner of Debevoise & Plimpton’s Washington, D.C. office, leads the firm’s corporate intellectual property, information technology and e-commerce practices. Mr. Cunard’s practice encompasses copyright litigation and U.S. and international media and telecommunications law. He is an internationally recognized practitioner in the field of the Internet and cyberlaw and a member of the firm’s Privacy and Data Security practice.

Mr. Cunard is the author of, and contributes to, books and articles on communications and intellectual property law, and he speaks widely on both subjects. Annually, he co-authors the treatise on intellectual property and the Internet for the Practising Law Institute’s Communications Law in the Digital Age program, which he co-chairs. He co-authors the treatise, Copyright Law: A Practitioner’s Guide (2001-2015), published by Practising Law Institute (Second Edition published earlier this year), and has as co-authored the “Obscenity and Indecency,” “Copyright” and “Trademark and Unfair Competition Issues” chapters in Internet and Online Law (K. Stuckey, ed.) (Law Journal Seminars-Press 1999-2010). He is on the Board of Editors of e-commerce Law & Strategy and is the co-author of two seminal books on international communications law, From Telecommunications to Electronic Services (1986) and The Telecom Mosaic (1988), both published by Butterworths. He also is a major contributor to The Future of Software (1995), published by MIT Press. For several years, he taught a seminar at Harvard Law School, “Practical Lawyering: Internet-Related Issues,” and served as co-director of the Clinical Program at the Berkman Center for Internet & Society at Harvard University.

Mr. Cunard is an active participant in community activities and the arts. He is a member of the Board of Trustees of the Freer Gallery of Art/Arthur M. Sackler Gallery, Smithsonian Institution (Chair, 2003-2007; Vice Chair, 2010-2014; Secretary, 2014-present); he is a member of the Boards of the Washington National Opera and the Christopher & Dana Reeve Foundation; he serves as Secretary of and is on the Board of Directors of Friends of Khmer Culture; and he is Counsel to the College Art Association. He is a past President of the Woolly Mammoth Theatre Company and a past director of both Rhizome.org and the Choral Arts Society of Washington.

Mr. Cunard graduated summa cum laude in English and Political Science from the University of California at Los Angeles in 1977 and received a J.D. in 1980 from the Yale Law School, where he was an Editor of the Yale Law Journal. After graduation from law school, he served as Law Clerk to the Honorable Wm. Matthew Byrne, US District Court for the Central District of California.

Bar Admissions

District of Columbia

New York

California

Education

Yale Law School, 1980, J.D.

University of California at Los Angeles, 1977, B.A.