Victor T. Chiu

OpenAI tapped Keker as lead trial counsel in a series of copyright lawsuits that will establish the boundaries of copyright fair use as applied to generative AI. The cases include claims brought by newspapers, authors, and other media outlets alleging that the training of Open AI's large language models infringe their works.

We defended EDA company Real Intent at trial in San Jose federal court against Synopsys’s copyright infringement claims related to the design and verification of integrated circuits. Synopsys also alleged that Real Intent breached several contractual agreements between the two companies by copying certain commands from Synopsys's software. The KVP team won a sweeping fair use victory on the copyright infringement claims at summary judgment, while the contract claim remained in the case at trial. The jury awarded Synopsys a tiny fraction of the millions of dollars Synopsys sought, and the Court further reduced the verdict post-trial.

We are representing game developer AviaGames in numerous civil actions against competitors and consumers involving copyright, patents, unfair competition, and false advertising claims. We have served as lead counsel to AviaGames in coordinating strategy across all the different pending matters, working closely with company employees in both China and the United States.

Following multi-stage arbitration proceedings between our client, one of the world’s largest technology companies, and a company that had licensed certain technology to it through a complex licensing agreement, we recovered more than $50 million in cash and saved more than $200 million for our client in ongoing royalties. Our complete victory on all disputed contractual issues and interpretations following a multi-day arbitration hearing was central to the result.

We represented the PGA TOUR in an antitrust lawsuit filed by 11 professional golfers who left the PGA TOUR and joined LIV Golf. We defeated plaintiffs’ motion for a temporary restraining order seeking to force the PGA TOUR to allow them to play in the FedExCup Playoffs. We also won a motion to compel subpoena compliance from Saudi Arabia’s Public Investment Fund, overcoming their assertion of sovereign immunity—a groundbreaking victory with far-reaching implications for the Kingdom of Saudi Arabia. In response, LIV dismissed the case to pursue a merger.

Our client was sentenced to death at age 25 for his participation in a robbery in which his co-defendant unexpectedly shot and killed the victim. After a two-day trial in late 2023—in which the co-defendant testified that he acted entirely alone—the court vacated our client's murder conviction. The prosecution appealed, and the Court of Appeal reaffirmed that the prosecution failed to prove that our client was guilty of murder, and that he was therefore entitled to release, after having spent over 30 years in prison.