Deadlines & Headlines

Featuring the latest news, trends, and legal developments in the telecommunications and technology space.

Deadlines & Headlines

Anthony V. Lupo

Anthony Lupo, Partner at Arent Fox LLP
Anthony V. Lupo
Partner
Washington, DC
202.857.6353

Anthony Lupo’s practice is primarily focused in the areas of entertainment, fashion, and technology. His diverse client base includes Discovery Channel, Pixar, and Oprah Winfrey Network in the area of entertainment; Diane Von Furstenberg, Lacoste, Diesel, and Hugo Boss in the fashion area; and Google, PlayStation, and LG in the technology space. He serves as a member of the executive committee, co-chairs the Intellectual Property practice, and chairs the Fashion, Luxury Goods & Retail group. For fashion clients, in many cases, Anthony acts as their US general counsel. For the entertainment and technology companies, Anthony’s work is focused on intellectual property and advertising. 

Anthony is regarded as one of the premier intellectual property attorneys in the country. Chambers USA recognizes him as one of four Tier 1 lawyers for intellectual property, the Washington Business Journal regards him as the District’s number one IP attorney, and World Trademark Review 1000 noted Anthony as "top-tier counsel" in both the contentious and non-contentious work. The Washington Post reported that Anthony is making a “career out of breaking the mold of a typical DC regulatory lawyer,” while maintaining a “bustling entertainment practice that could rival that of a California firm.”

Client Work

Media and Entertainment

Anthony represents clients in all aspects of the entertainment business, including clearances of rights, content agreements, production agreements, music and media distribution agreements, international market entry, and protection and litigation of intellectual property rights. His clients in this space include notable companies such as Pixar Animation Studios, Discovery Channel, Turner Broadcasting System, Inc., Oprah Winfrey Network, Disney, Google, YouTube, and LG. 

His work in this field has been praised by those inside and outside the legal industry:

  • Chambers USA describes Anthony as the “go to” intellectual property lawyer on the East Coast for television and movie studios.

  • Legal 500 reports that Anthony “has an excellent reputation as relationship partner to marquee clients” and that the practice has “a fantastic reputation within the entertainment sector.”

Anthony has a great deal of experience in enforcing and protecting post-mortem publicity rights, including representing the estate of Albert Einstein, the Wright Brothers, and Steve McQueen.

Fashion

Anthony is considered a preeminent fashion law attorney and is the host of Fashion Counsel, an industry blog. He serves as outside general counsel for a number of high-end European fashion and luxury goods companies handling corporate, real estate, employment, class action, national and global distribution, fulfillment, and California-specific litigation (Prop 65, wage and hour, and false claims and unfair competition). His fashion and luxury goods clients include Diane Von Furstenberg, Lacoste, Diesel, Hugo Boss, Escada, Geox, Benetton, Sisley, Camper, Bebe, DSquared, Just Cavalli, and Maison Martin Margiela.

Advertising, Privacy, and Data Security

Anthony’s robust advertising, privacy, and data security practice  providing guidance on developing and implementing global data privacy and security policies and procedures for a number of leading companies, including Discovery Communications, Sony PlayStation, Lacoste, LG Electronics, Intersections, Hugo Boss, and Honda. In this regard, he advises clients on issues of data collection, data security, data transfer, privacy, cross-border issues, GLB, the EU Privacy Directive, and privacy as it relates to children. Anthony’s team also has a great deal of experience in advising clients on data breach issues and has been called in to respond to some of the largest data breaches in history.  He has been recognized as one of the leading technology and Internet attorneys by a number of publications, including PricewaterhouseCoopers’ Global Counsel

Notably, Anthony is one of the few attorneys working with foreign governments to revise their intellectual property, which includes:

  • Assisting the Indonesian government in revising its intellectual property laws to comply with GATT

  • Advising the Saudi Arabian government on international intellectual property issues in its effort to join the WTO

  • Advising the Egyptian government on revising its intellectual property laws

  • Advising the Vietnamese government on implementing the US-Vietnam Bilateral Copyright Agreement

  • Lobbying the Office of the United States Trade Representative (USTR), the Patent & Trademark Office (PTO), and the Copyright Office regarding intellectual property and counterfeiting issues

  • Counseling clients on how to protect their intellectual property in foreign markets

Anthony sits on the board of directors for the Smithsonian National Zoo, Discovery Channel Global Education Fund, and Escada.

Publications, Presentations and Recognitions

Anthony has appeared on CourtTV and National Public Radio as an entertainment and Internet legal professional and has been frequently quoted by newspapers and magazines, including The New York Times, Industry Standard, and The Los Angeles Times. He has also testified before Congress on the issue of e-commerce. He co-wrote “FCPA Best Practices for Fashion and Beauty Companies,” for Corporate Counsel with Peter Unger and Joseph Mauro.

Anthony’s numerous speaking engagements include:

  • “IP and licensing strategies in the fashion industry” International Bar Association Annual Conference (Toyko)

  • “Retail Real Estate Summit” Bisnow (New York)

  • “Don Draper in the Digital Age: How Technology is Changing the Law of Advertising,” Personal Care Products Council Annual Legal and Regulatory Conference (New Orleans)

  • “Big Data: What it Means for Your Bottom Line,” Arent Fox Seminar (New York)

  • “Intellectual Property in the Fashion Industry,” ASIPI 17th Annual Administrative Council Meeting (Punta Cana)

  • “Hot Advertising, Privacy, and Entertainment Topics for 2013,” Personal Care Products Council Annual Legal and Regulatory Meeting (Montreal)

  • NY Retail Summit (New York)

  • “Surviving a Data Breach” (Los Angeles)

  • “A Revolution in the Right of Publicity,” International Bar Association (Dublin)

  • Data Breach Seminar (Los Angeles)

  • “Data Protection and Privacy” (New York)

  • “Legal Issues Related to Film and Television Broadcasting, Production, and Financing,” Rio de Janeiro International Film Festival

  • “Sweepstakes, Social Media, and Privacy,” ACI (New York)

  • “Trademark and Other Legal and Business Considerations Regarding Social Media” (New York)

  • “Treating Fans Well While Preserving Your Revenue Streams (Right of Publicity and Athletes),” Sports Lawyers Association Conference (Washington, DC)

  • “Sports Right of Publicity and Social Media Legal Update,” ABA Forum on Entertainment and Sports Industries (New York)

  • “Advertising on Social Network Sites and Other Media,” Personal Care Products Conference (Vancouver)

  • “PCI-DSS: Legal Issues Related to Data Privacy and Security,” Hospitality Law Seminar

  • “Entry to the US for Matters of Brazilian Products and Services,” Rio de Janeiro Association of Businesses and Property Exports Conference

  • “User Generated Content – Avoiding Legal Pitfalls and Maximizing Business Benefits,” IBA Conference (Madrid)

  • “Gray-Market Goods and Diversion of Product,” ASIPI/INTA Conference (Argentina)

  • “The DMCA Dilemma,” Consumer Electronics Show (Las Vegas)

  • “IP Online – Being Aware of Trademark and Copyright Boundaries in Advertising,” Advertising and Marketing Law Seminar (New York)

  • E-commerce and IPO issues, Internet World Conference (Hong Kong, Argentina, Venezuela, Chile, Spain, New York, Los Angeles, and Chicago)

  • “Rights and Royalties for Music on the Internet,” Billboard Magazine

  • “International E-Commerce Law and IPO Issues,” COMDEX (Brazil)

  • “Music on the Internet,” Practising Law Institute

  • “Protecting IP on the Web,” International E-Commerce, ACI (New York, San Francisco)

  • “Establishing an International E-Commerce Presence,” International Business Transactions (New York)

  • “Trademarks and the Internet,” Intellectual Property Owners Conference

 

Blog Posts by Anthony V. Lupo

Consumer Privacy & Telemarketing, Deadlines and Headlines
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PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provisions

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages. The changes to PayPal’s terms as originally proposed drew the ire of government regulators, including the Federal Communications Commission and the New York Attorney General. These regulators, as well as numerous consumer groups, asserted that PayPal’s proposed changes would conflict with the Telephone Consumer Protection Act (TCPA) and its provisions prohibiting autodialed or prerecorded calls to consumers without obtaining consumers’ prior express consent. 
 

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On-Demand TCPA Plaintiffs? There’s An App For That

The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from abusive telemarketing practices by making it unlawful to initiate unsolicited telemarketing messages. Recently, however, there has been a significant increase in TCPA litigation involving on-demand solicited text messages that consumers affirmatively request to receive in response to a call-to-action display.

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Equipment Manufacturers, Telecommunications & Technology Agreements
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Supreme Court Says Aereo Violates the Copyright Act

The US Supreme Court ruled last week that Aereo, an online video streaming service, violates the federal Copyright Act by performing copyrighted works publicly without the permission of the copyright owners. The decision in American Broadcasting Companies, Inc. v. Aereo, Inc. resolves one of the most contentious issues in copyright law and hands a major victory to television broadcasters, who argued that a ruling for Aereo would undermine the copyright licensing framework that has governed cable television for almost four decades.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.