Andy Gass is an acclaimed antitrust and IP lawyer who represents technology companies in their highest-stakes disputes.

Mr. Gass is the architect of the firm’s decorated copyright practice and teaches a course titled “Copyright, Competition & Technology” at the UC Berkeley School of Law. He serves a wide range of clients, from early-stage startups to the largest companies in the world, as a trusted counselor and lead litigator. In that capacity, Mr. Gass has shaped the highest-profile, most cutting-edge issues in digital copyright law in the past decade, whether by resolving a matter behind the scenes, advocating in regulatory proceedings, or trying a case in US federal court. Leading legal and general publications, including the Financial Times, Billboard, and Chambers USA, have recognized Mr. Gass’ work for its pragmatism, efficiency, and quality.

Mr. Gass regularly writes and speaks on issues related to the legal rules that govern artificial intelligence products, internet platforms, streaming services, and other topics. Before joining Latham, he was a law clerk to the late Honorable Stephen F. Williams on the US Court of Appeals for the D.C. Circuit.

Mr. Gass has served as lead trial and appellate counsel in copyright cases, antitrust cases, and the unique hybrid form of dispute known as music-rights rate-setting cases across a range of industries, from software to streaming and beyond.

His recent, publicly known experience includes representing:

  • OpenAI in ongoing litigation challenging the training and operation of ChatGPT as large-scale copyright infringement
  • Apple in cases involving the unauthorized use of iOS and the copyrightability of emoji
  • Spotify in the Phonorecords III appeal and the Phonorecords IV proceeding
  • Shopify in a suit challenging its eligibility for DMCA immunity
  • Roblox in a variety of litigation matters related to copyright, antitrust, privacy, and other issues
  • The Andy Warhol Foundation in its Supreme Court case about whether Warhol’s iconic depiction of the musician Prince was a fair use of the source photograph from which it derived
  • Live Nation in all of its highest-stakes litigation in the past decade
  • DeviantArt in a federal court lawsuit seeking to assert liability arising from an implementation of the generative AI product known as Stable Diffusion
  • Internet Archive in a copyright infringement lawsuit over the “Great 78” project
  • The National Association of Broadcasters in the Web V matter
  • The Radio Music License Committee in litigation against all four major US performing rights organizations
  • Creative Commons in litigation over the interpretation of its copyright licenses
  • Pandora in litigation over the use of “pre-1972” sound recordings
  • iHeartMedia in all of its music-rights-related disputes since 2016
  • IMDb in several lawsuits over unauthorized content on its website
  • The Digital Media Association and other industry trade groups in connection with the Department of Justice’s review of the ASCAP and BMI consent decrees

Bar Qualification

  • California


  • JD, University of California, Berkeley, 2008
    Order of the Coif
  • BA, Yale University, 2001
    magna cum laude
Gass, Andrew
May 22, 2024 Recognition

2024 Top Intellectual Property Lawyers: Andrew Gass

Andy Gass recognized on prestigious list of top IP lawyers in California for his recent accomplishments in the past year across the digital music industry, copyright law, and antitrust law.

February 16, 2024 Recognition

Litigator of the Week Runners-Up and Shout Outs — Telefónica and OpenAI

Two Latham teams were recognized for getting a summary judgment win for multinational telecom company Telefónica in a busted deal suit involving the client’s operations in Costa Rica, and for securing an important early win for OpenAI in a proposed copyright class action brought by Sarah Silverman and other authors.