Kathyleen A. O'Brien

Partner

Kathyleen is a partner in the Advertising, Technology and Media, and the Intellectual Property, and the Data Security, Privacy and Management Groups. She represents retailers, providers of consumer products, and services, and media, and entertainment companies in federal and state litigation and enforcement actions, including actions involving trademark and copyright infringement, false advertising, and right of privacy and publicity claims, and consumer class actions involving unfair and deceptive advertising and trade practice claims, data breach claims, and claimed violations of the TCPA, CAN SPAM, various state telephone recording statutes, and other advertising and marketing statutes. She also regularly counsels clients on clearance, branding, advertising and marketing, and antitrust and trade regulation issues, oversees an active trademark and copyright prosecution practice, and conducts compliance programs and employee training in these areas.

Kathyleen has tried cases in both state and federal court. She routinely handles arbitrations, mediations, and investigations and enforcement proceedings, including proceedings involving the Federal Trade Commission, various state Attorneys General, and the National Advertising Division of the Council of Better Business Bureaus, Inc.

She has lectured and written widely on recent developments in trademark, advertising, data privacy, and class action law. She has served as a speaker at the WLALA's "Class Action Forum," at the American Conference Institute's Conference on "Advertising Law in the Electronic Age" and at the International Trademark Association's "Trademark Dilution Forum" and "False Advertising Forum." She also chaired roundtables on "Comparative Advertising" and "Trademark Infringement Claims in the Fashion Industry" for the International Trademark Association. Her articles on topics ranging from Federal Trade Commission advertising enforcement to avoiding the pitfalls of "green" marketing have appeared in various publications, including the Los Angeles Business Journal, Industry Week, and Apparel Industry Magazine.

Employment History

  • 2008 - Reed Smith
  • 2005 - Morrison & Foerster
  • 1984 - Sheppard, Mullin, Richter & Hampton