Contract & Commercial,
Adam Lauridsen’s practice focuses on complex commercial litigation, including intellectual property, antitrust, contract, gaming and sports-related disputes. Mr. Lauridsen has tried numerous civil and criminal cases in state and federal court, including more than a half dozen as lead counsel. His clients have included large corporations, executives of Fortune 500 companies and high-profile individuals. Mr. Lauridsen also maintains an active pro bono practice, with a focus on immigration and criminal justice issues.
We represented Major League Baseball, the Commissioner, and the 30 Clubs in a putative class action concerning the postponement of games during the COVID-19 pandemic. Plaintiffs raised a number of consumer claims and sought damages related to the sale of all tickets for the 2020 MLB season. The Court granted our motions to dismiss plaintiffs’ claims, holding them to be legally baseless.
We defended Electronic Arts Inc. (EA) against claims that avatars in its hugely successful Madden NFL franchise used the likenesses of retired NFL players. After litigating an important First Amendment issue in the District Court and before the Ninth Circuit, we defeated two successive motions to certify a class, both because plaintiffs’ case presented intractable choice-of-law problems and because, as the court recognized, the right of publicity is inherently an individual right. In mid-2017, we prevailed at summary judgment over plaintiffs’ statutory claims: the court found that the plaintiffs had failed to demonstrate that “any of the avatars in the Madden games could be ‘readily identified’ as corresponding to any specific plaintiff based on the appearance of the avatars alone.” Not long after, the parties settled.
In partnership with the American Civil Liberties Union, Keker, Van Nest & Peters filed a class action lawsuit challenging President Donald J. Trump's executive order restricting immigration from several predominantly Muslim countries and suspending entry of refugees from all countries. In March 2017, we sought a preliminary injunction enjoining the order's enforcement. The suit alleges that the order is an unconstitutional attempt to discriminate against Muslims, and that the government's actions violate Article I of the Constitution, the First Amendment, the equal-protection and due process rights granted under the Fifth Amendment and the Immigration and Nationality Act.
Plaintiffs filed a putative class action against Major League Baseball, the Commissioner, and the 30 Clubs demanding that our clients install protective netting from foul pole to foul pole at every Major League and Minor League ballpark. We moved to dismiss the case for lack of standing, lack of personal jurisdiction, improper venue, and failure to state a single claim for relief. The court granted our motion to dismiss.
We defended data storage innovator Pure Storage Inc. in multi-patent litigation filed by its Fortune 500 rival EMC Corporation in the District of Delaware. EMC’s asserted patents related to various data storage technologies, including technology for deduplicating data. We prevailed on two of the five patents in suit prior to trial, and obtained a jury verdict of non-infringement as to two others following a seven-day jury trial. We then won partial judgment as a matter of law and a new trial on invalidity as to EMC’s one remaining asserted patent. Shortly following the court’s order granting a new trial, Pure Storage and EMC reached a global settlement.
The city of San Jose sued our client, Major League Baseball, alleging antitrust violations and various state law claims related to the Oakland Athletics possible relocation to San Jose. The lawsuit claimed that Major League Baseball and its commissioner violated state and federal laws regarding unfair business practices and anticompetitive conduct. It also challenged the exemption to antitrust laws that the U.S. Supreme Court first upheld for Major League Baseball in 1922. We successfully moved to dismiss plaintiffs’ antitrust claims, the Ninth Circuit Court of Appeals affirmed that ruling, and we convinced the Supreme Court of the United States to decline a petition for certiorari.
We successfully represented four residents of Sacramento County who sued a California card room for offering “Vegas style” games in violation of the California Constitution and Penal Code. On the eve of trial, the Bureau of Gambling Control instituted state-wide rule-making to address the issues raised by Plaintiffs’ complaint.
We successfully compelled arbitration and obtained dismissal of all claims in this purported class action alleging false advertising and unfair competition related to the MLB.TV streaming service. The plaintiff also claimed that MLB’s commercial arbitration provision was unconscionable. Based on our briefing, the court held that the provision was fully enforceable and not unconscionable.
We won summary judgment for Electronic Arts Inc in this right-of-publicity and trademark case. The heirs of John Dillinger alleged that EA improperly used the Dillinger name in a series of video games. Plaintiff sought damages and an injunction to prevent EA from selling the games. The court's orders not only affirmed EA's fundamental First Amendment right to design and publish its games, but also made clear that Indiana's right of publicity statute could not be applied retroactively to individuals who died before it was enacted. Law360 described the rulings as a "total victory" for EA.
Robin Antonick, programmer of the John Madden Football video game for the Apple II that was released in 1988, alleged that EA owed him royalties on sales of all Madden Football video games over the last twenty-two years. Antonick claimed that all Madden games since 1990 are derivative works of the game he programmed, and he was therefore owed royalties under a 1986 contract with EA. On behalf of EA, we contended that none of Antonick’s source code, which was written for a more primitive platform and was outdated by the time it was released, was ever used in any subsequent Madden game. Although the jury found in favor of Antonik, U.S. District Judge Charles Breyer later entered judgment for EA, reversing the award and strongly discouraging similar suits based on additional versions of the game. Judge Breyer's ruling was affirmed on appeal.
On behalf of T-Mobile, we defeated High Point SARL's multi-patent infringement case in New Jersey federal court. Luxembourg-based High Point had claimed our client infringed four of its patents involving various aspects of digital cellular network technology, and sought significant damages. However, we obtained summary judgment based on patent exhaustion, and successfully defended that judgment in High Point's appeal to the U.S. Court of Appeals for the Federal Circuit.
We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games.
We successfully defended Major League Baseball (MLB), its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.
At the pleading stage, we successfully defeated a putative class action filed against Major League Baseball, its current and former Commissioners, and all 30 Baseball Clubs. The plaintiffs, two former baseball scouts, claimed that defendants had violated federal and state antitrust law by allegedly conspiring to decrease competition in the labor market for scouts. By convincing the court that the employment of baseball scouts falls within the scope of Baseball’s antitrust exemption, we successfully obtained a complete dismissal.
We represented a prisoner in a civil rights suit against three correctional officers who beat him in Pelican Bay State Prison and one officer who failed to intervene to stop the beating. After the plaintiff's case survived summary judgment, the federal court asked us to step in and represent him at trial. Following a five-day trial and five hours of jury deliberation, the defendants settled the case for nearly twice the number the plaintiff presented to the jury.
Partner Adam Lauridsen has worked on a number of cases involving the controversial issue of how far ballparks have to go to protect their fans from foul balls and broken bats, including helping to defeat a class action against Major League Baseball and its clubs in California, landing him among the four sports attorneys dubbed Law360 Rising Stars. Read more
Keker, Van Nest & Peters partner Adam Lauridsen was named among California's top 40 lawyers under age 40 by the Daily Journal. Read more
KVP attorneys and the ACLU are suing to block the Trump Administration’s Executive Order banning immigration and revoking visas for people from seven Muslim-majority nations. Read more
Keker & Van Nest defeat a proposed class action accusing Major League Baseball of failing to protect spectators at ballparks with safety netting. Read more
Wyckoff -- a former scout for the Kansas City Royals -- sued Major League Baseball and all 30 clubs in the Southern District of New York. On behalf of a purported class of scouts, Wyckoff alleged that the defendants had conspired to suppress scouts’ wages and mobility. Read more
A federal court in Delaware threw out a March 2016 verdict holding that Pure Storage must pay $14 million for violating an EMC software patent. Read more
The ruling keeps alive Pure Storage’s challenge of the unfavorable verdict in which jurors decided EMC, the largest computer storage company in the world, was owed $14 million in royalties by its rival, a Mountain View, Calif.-based outfit that went public last year. Read more
Mr. Lauridsen blends enthusiasm for sports with sophistication of sports law, tackling landmark cases involving Major League Baseball’s antitrust exemption, franchise relocations and First Amendment disputes, landing him a spot on Law360's list of top attorneys under age 40 Read more
John Keker, Adam Lauridsen and Tom Gorman score a win for Major League Baseball. Read more
John Keker and Adam Lauridsen protect Major League Baseball from a putative class action. Read more
Adam Lauridsen will co-chair this annual event for in-house counsel and patent litigators. Read more
Elliot Peters and David Silbert protect Genentech from a False Claims Act lawsuit in Massachusetts federal court. Read more
On behalf of T-Mobile, Keker & Van Nest defeated High Point SARL's multi-patent infringement case in New Jersey federal court. Read more
In a stunning order, Breyer entered judgment for Electronic Arts in a dispute with video game designer Robin Antonick, who had accused the company of cheating him out of royalties for the wildly popular Madden Football series. Read more
New partners all served on several significant trial teams, attended elite law schools, and completed prominent clerkships. Read more
The New York Attorney General claimed Intel violated federal and state antitrust statutes by maintaining an illegal monopoly in the microprocessor market. Read more
Jamie Slaughter and Adam Lauridsen assert Electronic Arts did not infringe trademark rights by using brand-name helicopters in a military combat video game because its expressive work is protected by the First Amendment and the doctrine of nominative fair use.
Adam Laurisden and Sharif Jacob win $22,500 settlement for pro bono client in Pelican Bay excessive force case. Read more
Jamie Slaughter and Adam Laurisden successfully defended Electronic Arts Inc. in a trademark suit brought by heirs of 1930s American bank robber, John Dillinger. Read more
The class action was brought by retired NFL players who claim the video game maker used their likenesses without permission. Read more
Moderator, "Recent Developments Regarding Induced Infringement, Damages and Injunctive Relief," Patent Disputes for Corporate Counsel Forum