Andrew Gass is a nationally recognized thought leader on emerging issues in copyright law, antitrust law, and the intersection between the two. At Latham & Watkins, he is a partner and member of the firm’s award-winning global Antitrust & Competition Practice. At the UC Berkeley School of Law, he has taught both the basic Copyright Law course and an advanced seminar on Copyright, Competition & Technology in the nation’s top-ranked IP law program. In the American Bar Association, he is Chair of the IP Section’s Committee on Copyright and New Technologies, having previously served as Chair of the Committee on Music, Sound Recordings, and Performing Artists.
In private practice, Mr. Gass represents technology companies, broadcasters, and other clients in high-stakes litigation with competitors, suppliers, and regulators. He also counsels companies of all sizes on matters implicating copyright, antitrust, and other regulatory considerations, from product design through licensing and commercialization, merger and acquisition, and beyond.
Mr. Gass has been honored as one of five “Rising Star” competition law attorneys under age 40 by the publication Law360. His work has been lauded for its “originality,” “leadership,” and “impact” by the Financial Times, for “saving [clients] millions of dollars."
Mr. Gass is best known for his work defending Pandora Media, Inc. and iHeartMedia, Inc. in more than a dozen federal court copyright class actions over the use of “pre-1972” sound recordings. He was the architect of a litigation strategy in these matters that the Los Angeles Times called “legal jujitsu,” and remains the primary copyright expert in litigation with hundreds of millions of dollars at stake. His clients have run the table in these cases, including wins in the Georgia Supreme Court, the Northern District of Illinois, and elsewhere. As the Financial Times put it, “[d]efending multiple lawsuits in courtrooms across the US, Mr. Gass has led a revolution in the way the law deals with music copyright and royalties.”
Outside the music-licensing space, Mr. Gass has also recently represented:
- Ticketmaster LLC in a federal court antitrust suit brought by StubHub, Inc.
- Craigslist, Inc. in a federal court copyright infringement suit against RadPad, Inc.
- Pop music star Shakira in a state court case brought by Antonio de la Rua
- Live Nation Entertainment, Inc. in an arbitration brought by CTS Eventim AG
In all of these matters — which collectively implicated well over US$1 billion in dispute — Mr. Gass’ clients obtained complete victories.
Prior to joining Latham, Mr. Gass served as a law clerk to Judge Stephen F. Williams on the US Court of Appeals for the D.C. Circuit. Since that time, he has maintained an active pro bono practice, representing (among others) the non-profit organization Creative Commons in connection with litigation over the interpretation of its suite of off-the-shelf copyright licenses. Mr. Gass also writes and speaks regularly on issues related to digital platforms, copyright and competition, and novel issues at the intersection of IP and antitrust.
A selective collection of recent articles, talks, and panel appearances includes:
- “3D Printing & the Changing IP Landscape,” ABA Webinar, 2017
- “Music Copyright and Digital Platforms,” UC Berkeley School of Law, 2015
- “Oracle v. Google: The Copyright Law of Software Platforms, Incentives for Innovation, and Future Litigation Strategies,” AIPLA Annual Meeting, 2015
- “A Silver Lining for the Cloud? Consequences of the Aereo Decision Outside the TV Business,” ABA Webinar, 2015
- “Exception and Limitation Reforms,” The Next Great Copyright Act Conference, 2014 (moderator)
- “California AB 609,” California Assembly Hearing, 2013 (testimony at the invitation of assemblyman Nestande)
- “The Technology of Registries,” Reform(aliz)ing Copyright for the Digital Age Conference, 2013 (moderator)
- “Considering Copyright Rulemaking: The Constitutional Question,” A Gass, Berkeley Technology Law Journal, Vol. 27:1047, 2012