On The Pulse…Our Technology, Media & Intellectual Property Litigation Practice Group

By David J. Shannon, Esq.*

A luxury handbag retailer faces claims of trademark infringement; an internet computer sales company is confronted with copyright infringement claims; an international software company is accused of violating a compliance agreement—these are all claims and issues the attorneys in our Technology, Media & Intellectual Property Litigation Practice Group handle on a routine basis.

The attorneys in our practice group are focused on helping clients navigate and resolve highly complex and significant federal and state lawsuits and arbitrations. Many of our attorneys have technical or scientific backgrounds, helping them to understand and identify key technological- and intellectual property-related issues in a lawsuit at an early stage. The firm has represented clients nationwide in technology, software, health care, education, financial, banking, retail and other industry sectors.

In the twenty-first century field of technology, no one-size-fits-all defense exists. At Marshall Dennehey, we partner with each client to develop a customized approach, focusing on how decisions may impact not only the defense to litigation or a regulatory action, but also the client’s business decisions. Our trial experience allows us to prepare each case for the client’s day in court while also understanding that, in many instances, technology- and intellectual property-related business disputes should be resolved long before that point is reached. Whether a case involves thousands of dollars, or millions, we counsel clients in ways that are cost-effective, compliant with the law and protective of the company’s brand.

Technology, media and intellectual property litigation often involves multiple areas of a client’s business, including sales, marketing, research and development, and C-Suite level actions and decisions. We examine each case to determine its potential impact on all of these areas. Our representation often includes assisting clients in appropriately and effectively reducing the risk of future litigation issues.

Some of the areas that our Technology, Media & Intellectual Property Litigation Practice Group regularly handle include:

  • Computer hardware and software applications and related services;
  • Obligations under licensing agreements;
  • Compliance with software development agreements;
  • Open source code;
  • Copyright, trademark and patent infringement;
  • Trade dress misappropriations;
  • Misappropriation of trade secrets and other confidential information;
  • Restrictive covenant obligations;
  • Non-disclosure agreement obligations;
  • Data security;
  • Compliance with commercial, state and federal regulations governing privacy and data security issues; and
  • First Amendment rights and media litigation issues including: defamation, libel, rights of privacy and publicity, injunctions, gag orders and prior restraints.


Additionally, the attorneys in our Technology, Media & Intellectual Property Litigation Practice Group recognize the need to adapt as these areas evolve. With media and technology coverage continuously developing to include social media, e-commerce sales and domain disputes, it’s important to retain a firm fully devoted to and experienced in handling these insured issues.

Our practice group has defended clients nationwide, from Florida to Oregon, and California to Massachusetts. While based in Philadelphia, our attorneys travel to where the clients are, when necessary. Regardless of location, we look forward to assisting our clients in their technology, media and intellectual property litigation needs.

*David is a shareholder and chair of our Technology, Media & Intellectual Property Litigation Practice Group. He also co-chairs the firm’s Privacy & Data Security Practice Group. He works in our Philadelphia, Pennsylvania, office and can be reached at 215.575.2615 or djshannon@mdwcg.com.


Defense Digest, Vol. 20, No. 3, September 2014

Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2014 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.