PROFESSIONAL SUMMARY
Jonathan Band received a B.A., magna cum laude, Phi Beta
Kappa, in 1982 from Harvard College, and a J.D. from Yale
Law School in 1985. From 1985 to 2005, Mr. Band worked at
the Washington, D.C., office of Morrison & Foerster
LLP, including thirteen years as a partner. Mr. Band established
his own law firm in May, 2005. He is admitted to practice
in the District of Columbia and California and before the
U.S. Supreme Court and the U.S. Courts of Appeals for the
Eighth, Ninth, Tenth, Federal, and District of Columbia
Circuits.
Practice Description
Mr. Band helps
shape the laws governing intellectual property and the Internet
through a combination of legislative and appellate advocacy.
He has represented clients with respect to the drafting
of the Digital Millennium Copyright Act (DMCA); database
protection legislation; the Uniform Computer Information
Transactions Act; and other federal and state statutes relating
to copyrights, counterfeiting, privacy, spam, spyware, cybersecurity,
gambling, and indecency. He complements this legislative
advocacy by filing amicus briefs in significant cases related
to these provisions.
Mr. Band’s policy practice has an international dimension
as well. He has worked on the World Intellectual Property
Organization’s Copyright Treaty; the Council of Europe’s
Cybercrime Convention and Hate Speech Protocol; the Hague
Convention on Exclusive Choice of Court Agreements; and
several free trade agreements. He also has submitted comments
concerning the revision of intellectual property laws in
countries as diverse as Canada, Australia, New Zealand,
Singapore, Korea, and Israel.
Mr. Band’s deep substantive knowledge of the application
of intellectual property law to information technology permits
him to counsel clients on the scope of copyright protection
for computer programs; secondary liability and the DMCA’s safe harbors for
Internet service providers; the DMCA’s prohibition
on the circumvention of access and copy control technology;
the protection of online databases; the fair use status of
digitization projects; and other complex intellectual
property issues.
Additionally, Mr. Band's clients include Internet companies, providers
of information technology, universities, and library associations.
Mr. Band has represented parties-in-chief in appellate litigation.
See, e.g., Gates Rubber Co. v. Bando Chemical, Inc.,
9 F.3d 823 (10th Cir. 1993). His administrative litigation
experience includes representing the City and County of
San Francisco in noise matters before the Federal Aviation
Administration, and the State of Alaska in a matter relating
to the Exxon Valdez oil spill before the Federal Energy
Regulatory Commission.
Professional Activities
Mr.
Band has written extensively on intellectual property and
electronic commerce matters, including the book Interfaces
on Trial: Intellectual Property and Interoperability in
the Global Software Industry and over 60 articles.
Mr.
Band frequently makes presentations on intellectual property
and electronic commerce issues before trade and professional
associations, advocacy organizations, and government bodies.
Some of these presentations have been broadcast on C-SPAN
and other cable and Internet networks.
Mr. Band is an
adjunct professor at the Georgetown University Law Center,
where he teaches a course on the intellectual property legislative
process. Additionally, Mr. Band has been a guest lecturer
on intellectual property topics at numerous law schools,
including Yale and Columbia.
Mr. Band has
been quoted as an authority on intellectual property and
Internet matters in numerous publications, including Clarin
Information (Argentina), Asahi Shimbun (Japan), Nikkei Electronics
(Japan), The New York Times, The Washington Post, The Los
Angeles Times, USA Today, Forbes, Business Week, National
Journal, The Boston Globe, The Houston Chronicle, The Houston
Press, The San Francisco Examiner, Village Voice, Reuters
Financial Report, National Law Journal, New York Observer,
Fulton County Daily Report, Institutional Investor, San
Francisco Recorder, San Francisco Daily Journal, Investor’s
Business Daily, PC World Online, Selling, MSNBC Home, New
Jersey Star Ledger, Associated Press, Communications Daily,
CQ Daily Monitor, Technology Daily, Internet World, ZDNet,
Report on Electronic Commerce, Electronic Commerce News,
interactive week, TechnoLaw Roundtable, Washington Technology,
Information Law Alert, webreview.com, Inside Technology
Training, Netsbytes, Law Journal Extra, C/NET, Daily Fix,
Globes, CNNfn, Skali, Chronicle of Higher Education, Wired
News, Tech Capital, EPRI on the Internet, developer.com,
Lawcast, Boardwatch, Business 2.0, Washington Business Journal,
Silicon Alley Daily.Com and Washington Legal Times. Additionally,
he has been interviewed on National Public Radio and CNN.
Mr. Band was a
trustee of the Copyright Society of the U.S.A. and is on
the Editorial Board of The Computer and Internet Lawyer.
He has chaired the intellectual property committee of the
ABA’s Administrative Law Section; the Copyright Protection
Subcommittee of the Computer Programs Committee of the ABA’s
Intellectual Property Law Section; the Legal and Policy
Issues Task Group of the Interactive Multimedia Association;
and the National Information Infrastructure Subcommittee
of the Copyright Committee of the American Intellectual
Property Law Association. He is a member of the District
of Columbia, California, and American bar associations,
as well as of the AIPLA and the Computer Law Association.
Pro Bono Activities
Mr. Band received
the first Community Service Award of the International Section
of the District of Columbia Bar in recognition of his pro
bono work on the U.N. Convention for the Elimination of
All Forms of Discrimination Against Women. He also has been
honored for his pro bono work in the immigration area by
the Washington Lawyers Committee for Civil Rights and Urban
Affairs. Additionally, Mr. Band was part of the legal team
that secured a Presidential Pardon for Freddie Meeks, one
of the survivors of the Port Chicago disaster.
Personal Information
Mr. Band was
born in Los Angeles, California. He is married to Leesa
Fields, and has two children -- Jeremy and Jessica. He lives
in Rockville, Maryland.
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