North America - United States • Intellectual property

Latham & Watkins LLP

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The market-leading US copyright team at Latham & Watkins LLP leverages the bench strength of a global presence spanning North America, Europe, Asia, and the Middle East to advise a client roster of major multinationals across such sectors as entertainment, tech, art, and generative AI, on high-stakes infringement litigation, including household names Spotify, Johnson & Johnson, and Live Nation. The practice is led by veteran IP litigators Andrew Gass in San Francisco and Sy Damle in Washington DC, who were lead counsels representing the Andy Warhol Foundation for the Visual Arts in a widely-covered US Supreme Court case related to the “fair use” of copyrighted content and who are currently defending both OpenAI and Anthropic in widely-covered cases over alleged infringement, along with Digital Millennium Copyright Act expert Allison Levine Stillman in New York, and Joe Wetzel (also San Francisco), a specialist in the music and software sectors. Other key figures include tech litigation specialists Elana Nightingale Dawson at the DC office, and Britt Lovejoy in San Francisco. Gabe Fleet, who arrived at the New York office from broadcasting company iHeartMedia, joined the firm in March 2023.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • ‘They have a market-leading practice for digital copyright issues across many areas (e.g., AI, music) and provide practical, actionable advice that brings to bear their deep expertise.’

  • ‘Alli Stillman and Sy Damle are both really excellent, as is Andy Gass. All are outstanding partners.’

  • ‘Latham's copyright team is full of stellar attorneys who not only understand every intricacy of US copyright law, but are also finely attuned to the user-generated content space and both the practical and commercial considerations that flow from that knowledge.'

  • ‘Andy Gass is one one the most effective litigators I've ever worked with. He brings a depth of experience resolving complex copyright issues and understanding how decisions made today are likely to impact one's business. Elana Nightingale Dawson is a brilliant attorney who understands her client's needs, asks tough (but important) questions, and remains in communication regarding deliverables and expectations.’

Key clients

  • Pandora
  • The Andy Warhol Foundation
  • OpenAI
  • Roblox Corporation
  • Anthropic PBC
  • Internet Archive
  • DeviantArt
  • Live Nation
  • North American Concert Promoters Association (NACPA)
  • Spotify
  • Johnson & Johnson Surgical Vision
  • Digital Licensee Coordinator, Inc.
  • National Association of Broadcasters
  • iHeartMedia
  • Bold Limited/Bold LLC
  • Church of Jesus Christ of Latter-day Saints, et al.

Work highlights

  • Achieved a favourable result for music streaming service Pandora in a nine year-long, high-profile litigation over the use of “pre-1972 sound recordings,” in a suit brought by members of the 1960s rock band The Turtles.
  • Representing Live Nation in a trial against performing rights organization Broadcast Music, Inc. to establish the royalties paid by the live concert industry for the rights to perform music in the US.
  • Representing OpenAI in all four of the copyright lawsuits filed by authors such as Michael Chabon, Sarah Silverman, and George R.R. Martin.

Lawyers

Leading lawyers

Andrew Gass

Latham & Watkins LLP

Andrew Gass is a nationally recognized thought leader on emerging issues in copyright law, antitrust law and the intersection between the two. At Latham & Watkins, he is a partner and member of the firm’s award-winning global Antitrust & Competition Practice. At the UC Berkeley School of Law, he teaches both the basic Copyright Law course and an advanced seminar on Copyright, Competition & Technology in the nation’s top-ranked IP law program. In the American Bar Association, he is Chair of the IP Section’s Committee on Music, Sound Recordings, and Performing Artists.

Practice head

The lawyer(s) leading their teams.

Sy Damle, Andrew Gass, Allison Stillman, Joe Wetzel

Other key lawyers

Elana Nightingale Dawson, Britt Lovejoy