Andrew Gass

San Francisco
  • 505 Montgomery Street
  • Suite 2000
  • San Francisco, CA 94111-6538
  • USA

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 teaches 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 Music, Sound Recordings, and Performing Artists.

As an attorney 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.

 Selected Lectures, Legislative Testimony & Publications
  • “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
  • “Marketing off-label uses to physicians: FDA’s draft (mis)guidance,” A Gass, J Wilson, American Journal of Bioethics, Vol. 8 No. 3, March 2008
  • “Public Access to Public Science: Recommendations for the California Stem Cell Institute’s Policies Regarding Grantee-Produced Journal Articles,” M Eisen, A Gass, Berkeley Technology Law Journal, Vol. 21 No. 3, 2006
  • “Paying to Free Science: Costs of Publication as Costs of Research,” A Gass, Serials Review, Vol. 31 Iss. 2, June 2005
  • “The Reality of Open-Access Journal Articles,” A Gass, H Doyle, Chronicle of Higher Education Review, 18 February 2005
  • “Open Access as Public Policy” A Gass, PLoS Biology, Vol. 2 No. 10, October 2004
  • “Whose Copy? Whose Rights?” A Gass, H Doyle, R Kennison, PLoS Biology, Vol. 2 No. 7, July 2004

Mr. Gass has handled cases in state and federal court, as well as domestic and international arbitration. His trial work includes extensive experience with economic experts.

He is currently counsel of record for Pandora Media, Inc. and iHeartMedia, Inc. in a dozen federal court copyright class actions over the use of “pre-1972” sound recordings. In that role, Mr. Gass was the architect of a litigation strategy that the Los Angeles Times called “legal jujitsu,” and the primary copyright expert in litigation with hundreds of millions of dollars at stake.

Recently, Mr. Gass has also represented:

  • Ticketmaster L.L.C. in a federal court antitrust suit brought by StubHub, Inc.
  • craigslist, Inc. in a federal court copyright infringement suit against 3taps, 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 the Honorable Stephen F. Williams on the US Court of Appeals for the D.C. Circuit.

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