Emily was exposed to the law at an early age, adding “helpful” notations (in crayon) to her parents’ copy of Black’s Law Dictionary. But it was not until college, when she took a class called Computers and the Law, that she discovered her passion for intellectual property and realized that technology is always moving faster than the law. In her practice, Emily relishes the challenge of applying old rules to new technology.
Over the course of her career, Emily has also developed experience in other areas of law that are more (and less) related to media and entertainment. Besides the usual suspects of idea submission, right of publicity, and defamation, she has unique expertise in California free speech law – particularly protecting private property owners’ rights.
Emily is an experienced intellectual property litigator who works with film and television studios, record companies, music publishing companies, video game companies, and other major online content providers. 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 and technology clients, such as idea submission/breach of implied contract, right of publicity, First Amendment, and defamation, including California’s “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”).
Emily is also very experienced with California's free speech law, and its interplay with private property rights. She has successfully defended against protestors’ demands to demonstrate on her clients’ land.
- Obtained $7 million judgment on behalf of Blizzard Entertainment, Inc. against the maker of a popular software “bot” that enabled users to cheat in the video game “World of Warcraft.”
- Obtained dismissal under California’s anti-SLAPP statute of a case against a major online content provider for libel and related torts.
- Won summary judgment in case where protestors claimed they had free speech rights to demonstrate on client’s private property.
- Won summary judgment on behalf of Lightstorm Entertainment and James Cameron in breach of contract case involving the film Avatar; ruling was affirmed by the California Court of Appeal.
- 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.
Honors & Awards
- "Women Worth Watching," Profiles in Diversity Journal (2019)
- "Next Generation - Women Leaders in Tech Law," The Recorder (2018)
- "Most Influential Women Lawyers," Los Angeles Business Journal (2017)
- "Southern California Rising Stars," Super Lawyers (2016-2018)
Professional, Business and civic Affiliations
- Hiring Partner
- Vice-Chair, American Bar Association's Forum on the Entertainment & Sports Industries, Litigation Division
- Stanford Alumni Association
Other Career Experience
- Cyberlaw Clinic, Mills Legal Clinic Stanford Law School
- Institute for the Study and Development of Legal Systems
- Alesha Dominique and Emily Evitt Named to Profiles in Diversity Journal's 2019 "Women Worth Watching" ListProfiles in Diversity Journal, October 2, 2019
- September 14, 2018
- May 17, 2017
- Karin Pagnanelli and Emily Evitt Named Among the Los Angeles Business Journal's Most Influential Women LawyersApril 24, 2017
- January 23, 2017
- January 12, 2017
- July 6, 2016
- January 27, 2016
- May 11, 2020
Events & Speaking Engagements
- OCT 11-13, 2019
- October 6, 2018
- 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