Pinned to a bulletin board in the corner of Emily Evitt’s office is a photograph of her at age one, wearing little plaid overalls, crayon in hand, reading Black’s Law Dictionary. Emily is a third-generation attorney, following in the footsteps of her parents and grandfather. Her mother runs the moot court program at Stanford Law School, and when Emily was younger, she spent her free time playing bailiff. The law has always been in her blood.
But while Emily’s path to becoming a lawyer was rooted in her family history, her practice focuses on the new and the next. As she likes to say, “technology is always moving faster than the law.” In her cyberlaw practice, Emily applies old law to new technology, evaluates whether existing statutes govern, and determines whether new law needs to be created.
Emily’s passion for combining the old and the new extends beyond the office, where she frequently does the ancient practice of yoga … set to hip-hop and pop music. Whether on her mat or at the office, she demonstrates strength, flexibility, and creativity.
Emily is an experienced intellectual property litigator who works with film and television studios, record companies, music publishing companies, and other major online content providers to protect their rights. She defends her clients against copyright and trademark infringement allegations, and also brings actions to enforce their rights.
In addition to copyright and trademark, Emily also practices in related areas of law relevant to her entertainment industry clients, such as idea submission/breach of implied contract, right of publicity, First Amendment, and state free speech law, including the California “anti-SLAPP” statute.
Many of Emily’s clients rely on online distribution of their content or are faced with threats of Internet piracy. Emily protects clients from online theft of their copyrighted content and “cybersquatting” on their trademarks. Emily is well versed in the Digital Millennium Copyright Act (“DMCA”) and the Communications Decency Act (“CDA”). She has also spoken about the intellectual property implications of social media.
Emily is a member of the firm’s fashion practice group. She has written about intellectual property issues facing the fashion industry, including copyright in fabrics and design rights in the United Kingdom. She was also a speaker at MSK’s Fashion Institute Seminar in March 2013.
Emily served as the second-chair attorney for a three-week business litigation trial, and has won numerous cases on summary judgment.
- Won summary judgment on behalf of Lightstorm Entertainment and James Cameron in breach of contract case involving the film Avatar.
- Won summary judgment on behalf of Sony Pictures Television, The CW Network, MTV, Fly On The Wall Entertainment, and individual defendants in copyright case involving reality television show.
- Represented all major record labels in precedent-setting litigation against SiriusXM and Pandora concerning whether there exists a public performance right in Pre-72 sound recordings; the record labels received publicly-disclosed multi-million dollar settlements in both cases.
- Won summary judgment in case where protestors claimed they had free speech rights to demonstrate on client’s private property.
- Obtained dismissal under California’s anti-SLAPP statute of complaint against the Motion Picture Association of America for libel and related torts; decision was affirmed by the California Court of Appeal.
- Won transfer of multiple domain names under the Uniform Domain Name Dispute Resolution Policy.
- Served as second chair for three-week business litigation trial.
- Represented music publishing companies and artists in copyright infringement litigation.
- Represented major online content provider in cybersquatting litigation.
Honors & Awards
- "Southern California Rising Stars," Southern California Super Lawyers (2016)
Professional, Business and civic Affiliations
- Stanford Alumni Association
- MSK Hiring Committee
Other Career Experience
- Cyberlaw Clinic, Mills Legal Clinic Stanford Law School
- Institute for the Study and Development of Legal Systems
- Intellectual Property & Technology Law Journal, March 2010
- Money, That's What I Want: The Long and Winding Road to a Public Performance Right in Sound RecordingsIntellectual Property & Technology Law Journal, August 2009
- Law360, May 2009
- Los Angeles Lawyer, May 2009
Events & Speaking Engagements
- September 21, 2016
- Intellectual Property Clearance IssuesJune 2013
- Social MediaJune 28, 2013
- Social Media SkillsMarch 2013
- Intellectual Property Clearance IssuesJune 2012
- Liability Issues for Internet AdvertisingApril 2011
- U.S. District Court
- Central District of California
- Eastern District of California
- Northern District of California
- Southern District of California
- U.S. Court of Appeal
- Ninth Circuit
Stanford Law School, J.D., 2008; with Distinction
Yale University, B.A., 2005; magna cum laude; Phi Beta Kappa