Brad R. Newberg

Partner

Education

  • University of Pennsylvania Law School, 1997, J.D., cum laude, Articles Editor, University of Pennsylvania Law Review; Moot Court Member
  • University of Pennsylvania, 1994, B.A., cum laude, Economics (with honors)
  • University of Pennsylvania, 1994, B.S.E., cum laude, Legal Studies, Wharton School of Business

Professional Admissions / Qualifications

  • District of Columbia
  • Virginia
  • Maryland

Court Admissions

  • U.S. Court of Appeals - Federal Circuit
  • U.S. Court of Appeals - Ninth Circuit
  • U.S. Court of Appeals - Fourth Circuit
  • U.S. Court of Appeals - Second Circuit
  • U.S. District Court - District of Maryland
  • U.S. District Court - Eastern District of Virginia
  • U.S. District Court - Northern District of Florida
  • U.S. District Court - District of Columbia
  • U.S. District Court - Northern District of Illinois
  • U.S. District Court - Western District of Virginia
  • U.S. District Court - Southern District of New York

Brad has extensive experience in all areas of intellectual property counseling and litigation, with a particular focus on copyright, trademark, trade secret, dilution, unfair competition, and domain name matters. Brad has been practicing in the intellectual property field since the first day of his career and has been lead counsel on numerous cases, handling all aspects of litigation, including conducting direct examinations and cross-examinations at trial, arguing and drafting motions, supervising large-scale discovery, presenting at mediations, and taking and defending more than 100 depositions. In addition, he has developed considerable experience in analyzing potential damages awards in trademark and copyright cases, bettering his ability to counsel clients as to the magnitude of recoveries or potential liability exposure. Brad has represented clients before various trial and appellate federal courts, the Trademark Trial and Appeal Board, Copyright Arbitration Royalty Panels, the Copyright Royalty Board, and state courts. He has also acted as a testifying expert in both copyright and trademark litigations.

Brad has broad experience in the social media field. He regularly speaks on the subject of social media, and counsels his clients so that they may navigate through the waters of the different laws (including copyright, trademark, defamation, privacy, FTC regulations, and others) that affect social media and the different ways that a company might want to interact with its consumers. Finally, Brad is one of the firm's leading experts on ICANN's new gTLD program to expand top-level domain names. He works extensively with his clients to make sure their brands are protected in this new environment, including the use of blocking systems, Sunrise registrations, the Trademark Clearinghouse, and domain name enforcement procedures (UDRP, URS, etc.).

Numerous clients rely on Brad's expertise to develop new technology in a way that will maximize the product offering while still complying with copyright and other intellectual property laws. Such products have included DVR services, Internet streaming services, and services involving the integration of advertising with video content.

Employment History

  • 2010 - Reed Smith
  • 2009 - Holland & Knight LLP
  • 2005 - Newberg & Winters LLP (founding partner of intellectual property boutique firm)
  • 1999 - Arnold & Porter, LLP

Clerkships

  • Honorable Louis L. Stanton, U.S. District Court - Southern District of New York

Honors & Awards

  • Named to Virginia Business's 2011, 2012 and 2013 "Legal Elite" list for Intellectual Property
  • Super Lawyers Rising Star for Intellectual Property 2012 and 2013

Interests

Brad enjoys watching and participating in all sports; he also acted in theater productions for approximately 10 years.

Notable Quotes