1 John F. Stephens, CIPP/US Partner, Los Angeles, California Cyber Security & Privacy Intellectual Property Licensing & Transactions Media & Entertainment Litigation Live Entertainment Transactions & Litigation Specialty Insurance Coverage & Litigation Class Action JOHN F. STEPHENS tel fax Current Scope of Practice John Stephens focuses his practice on data privacy and digital marketing issues; media and entertainment litigation; live entertainment transactional matters, including music festivals and intellectual property licensing and transactions; and specialty insurance coverage and litigation. Mr. Stephens entertainment and media clients include media entities, national and worldwide live entertainment and sports companies, magazines, television and radio stations, production companies, entertainment technology companies, computer technologies, online content and software providers, and talent. Additionally, Mr. Stephens represents clients in manufacturing and the financial and insurance industries. Data Protection and Privacy Mr. Stephens advises companies across a broad range of industries on data protection and privacy laws, including retail, health care, and technology companies. He ensures clients meet obligations under the Health Insurance Portability and Accountability Act (HIPAA), the Electronic Communications Privacy Act, the CAN-SPAM Act, the Children s Online Privacy Protection Act, the Fair Credit Reporting Act, the Federal Trade Commission Act, breach notification laws, and other federal and state laws. He regularly helps companies formulate or revise privacy policies to comply with new laws or take into account new technologies or changes in business operations. He also advises companies on the data privacy and security implications of mergers and acquisitions, outsourcing arrangements, and other transactions. Mr. Stephens is experienced in protecting companies both before and after data breaches. His expertise includes minimizing the risk of a data breach and putting companies in the best position to respond if a breach occurs. Preventive measures include privacy and security assessments which help companies develop or improve data privacy practices and incident response plans. In the event of a breach, he provides rapid and comprehensive incident response under the protection of the attorney-client privilege. Mr. Stephens has advised numerous companies in response to breaches, including management consulting, health care, and large multinational retail companies. Mr. Stephens has assisted these companies in determining the source and scope of the breach, assessing regulatory compliance requirements, managing notifications and call centers, and conducting after-action review.
2 Intellectual Property Mr. Stephens also focuses his practice on enforcement and litigation of copyright, trademark, trade dress, trade secret, and false advertising matters. He is proficient at first amendment and defamation issues, all aspects of issues involving live entertainment events with emphasis on music festivals both foreign and in the U.S. He counsels clients on protecting intellectual property rights, as well as handles intellectual property transactions, such as software licenses, product licenses, rights-sharing agreements, and merchandising and branding deals. Insurance Mr. Stephens represents insurers in all aspects of coverage, including defense, preparation of coverage opinions, claims investigation, litigation, and trial. He counsels insurers on claims-handling procedures and loss prevention and assists with drafting media and data privacy policies. Affiliations, Activities and Accomplishments Mr. Stephens is admitted to practice before the United States Courts of Appeals for the Ninth Circuit and for all districts of the United States District Court for the State of California. Martindale-Hubbell awarded an AV to Mr. Stephens in recognition of his professional excellence, depth of experience and distinguished levels of skill and integrity. In addition, Mr. Stephens was named a 2014 and 2015 Southern California Super Lawyer and a 2005 Southern California Super Lawyer Rising Star by the publishers of Los Angeles Magazine and The Journal for Law & Politics. Additionally, he was featured in the 2014 Most Influential Lawyers: Digital Media & E-Commerce Law list and the 2015 Most Influential Lawyers in White Collar & Cyber Crimes Law list, both published in the Los Angeles Business Journal. Mr. Stephens is an active member of the American Bar Association. He is incoming chair of the Tort Trial & Insurance Practice Section Law and Public Service Committee and was appointed chair of the Tort Trial & Insurance Practice Section Diversity Committee ( ). He served as the chair of the Tort Trial & Insurance Practice Sections Intellectual Property Committee ( ) where he was also the co-editor of the committee s newsletter. In addition, he was one of 21 admitted to the TIPS Leadership Academy of the American Bar Association for In 2015, he was named a Board member of the national LGBT bar association. From , Mr. Stephens served on the National Board of Directors for the Gay & Lesbian Alliance Against Defamation (GLAAD) and was co-chair and treasurer. He served as a trustee to the San Fernando Valley Bar Association Board from and as co-chair of the Intellectual Property Section from He currently serves as the chair of the Diversity Committee. He is also a member of the California Bar Association, Los Angeles County Bar Association, Defense Research Institute, Association of Southern California Defense Counsel, Los Angeles Copyright Society, Beverly Hills Bar and the National Association of Television Program Executives. Additionally, Mr. Stephens is active with Lambda Legal and formerly a member of the Steering Committees for the Service Members Legal Defense Network (SLDN). From , he was a visiting professor at the University of Southern California (USC) teaching classes in Media, First Amendment and Privacy at the Annenberg School for Communications and Journalism. He is actively involved in Sedgwick s internal
3 committees, including chair of the Media Entertainment and Sports group, chair of the Live Entertainment Task Force and chair of the Los Angeles Inclusion and Diversity Committee, chair of the Inclusion and Diversity Committee s pipeline subcommittee and the Los Angeles Representative of the firm s E-Discovery Committee. In 2015, Mr. Stephens was named a board member to the National LGBT Bar Association. Mr. Stephens has also been designated as a Certified Information Privacy Professional, United States (CIPP/US) by the International Association of Privacy Professionals (IAPP). Published Decisions Hydro-Mill v. Hayward, Tilton & Rolapp; 115 Cal.App.4th 1145; certified for publication February Peliculas Y Videos Internacionales v. Harriscope of Los Angeles, Inc.; 302 F.Supp.2d 1131 (C.D. Cal. 2004). Presentations and Publications Speaker, The Internet of Things: Privacy, Security and Legal Implications, Sedgwick webinar, July 16, Author, Viewpoint: Net Neutrality Will Benefit Consumers and the Economy, The Recorder, March 4, Co-author, Does the EU s Right To Be Forgotten Pose a Threat to Companies in the U.S.? The Privacy Advisor, February 24, Interview, What s Next for Net Neutrality? The Recorder, February 4, Author, Turtles Copyright Battle Gets Sirius, Daily Journal, December 8, Author, The Turtles and Pandora Media Are Not Happy Together, Daily Journal, November 5, Co-author, FCC Axes Sports Blackout Rule, What Now? Daily Journal, October 9, Author, Public Comment Will Push FCC to Move on Net Neutrality, Law360, August 11, Co-author, Can FCC Help Deliver the Dodgers to Hometown Fans, Daily Journal, August 7, Author, What to Expect from Growing AIA Patent Challenges, Law360, June 30, Radio Interview, Privacy Piracy 88.9FM and June 9, Author, In Practice: The FCC and the Open Internet, The Recorder, April 3, Author, Wake Up Call for Mobile App Developers, Daily Journal, February 14, Speaker, Latest Developments in Marriage Equality, San Fernando Valley Bar Association 17 th Annual MCLE Marathon, January 17-18, Author, FCC Indecency Standards Remain Murky, Law360 Media & Entertainment, Dec. 18, 2013.
4 Guest Lecturer, Freedom of Speech, Obscenity and the Law, Cal State University, Northridge, Oct. 22 and Oct. 29, Author, Calls Grow to Unlock Our Phones, Daily Journal, October 3, Author, Legislation Key in Battle to Unlock Cell Phones, Daily Journal, July 10, Author, How Crowdfunding Could Impact Film Financing, Law360 Media & Entertainment, May 6, Author, America Invents Act Makes Significant Changes to U.S. Patent Law, Sedgwick s Media Law Bulletin, April Author, AIA s First to File Patent System Looms on the Horizon, Daily Journal, February 28, Speaker, IP 101, San Fernando Valley Bar Association, Tarzana, CA, January 19, Author, How Gender Disparities in Film Impact Juror Perceptions, ABA TIPS Diversity Committee Newsletter, January 15, Author, FCC Approves Liberty Media's Long-Awaited Sirius Takeover, Law360 Media & Entertainment, January 7, Author, Top 5 Media & Entertainment Cases of 2012, Law360, January 4, Author, FCC Rethinks Indecency, Daily Journal, October 15, Author, High Court Punts Free Speech Issues in FCC v. Fox, Daily Journal, July 2, Author, CBS Eight-Year Wardrobe Malfunction, Daily Journal, April 30, Author, Viacom Keeps YouTube Fight Alive, Daily Journal, April 17, Speaker, Data Privacy and the Internet, San Fernando Valley Bar Association, Woodland Hills, CA, April 13, Author, Halftime Glitch: Giving the FCC the Finger Literally, Daily Journal, February 22, Author, FCC Broadcast Indecency Case: Which Gets Protected First Amendment or Children?, Daily Journal, January 23, Speaker, IP 101, San Fernando Valley Bar Association, Tarzana, CA, January 14, Author, 2011 Media Year in Review, Sedgwick s Media Law Bulletin, January Speaker, IP Year in Review 2011, San Fernando Valley Bar Association, Woodland Hills, CA, December 14, Speaker, Patent Litigation and Damages, San Fernando Valley Bar Association, Woodland Hills, CA, September 9, 2011.
5 Author, Landmark Ruling to Be Destroyed by the F-Bomb?: U.S. Supreme Court to Hear Broadcast Indecency Case, Sedgwick s Media Law Bulletin, September Author, Warner Bros. LGBT Group Reaches Out to the Community, Sedgwick s EMBRACE Diversity Newsletter, June Author, Plumpy nut: When IP and Human Rights Collide, Sedgwick s Media Law Bulletin, May Speaker, Intellectual Property 101, San Fernando Valley Bar Association, Woodland Hills, CA, April 20, Author, Attack on Net Neutrality, What Gives?, Daily Journal, March 17, Speaker, IP 101: What Every Practitioner Should Know, San Fernando Valley Bar Association, Woodland Hills, CA, March 10, Author, No More Hon? Hon Battle in Baltimore Over Trademarked Endearment, Sedgwick s Media Law Bulletin, February Speaker, Intellectual Property Year in Review, San Fernando Valley Bar Association, Woodland Hills, CA, January 21, Co-author, 2010 Media Year in Review, Sedgwick s Media Law Bulletin, January Author, Courts Favoring ISPs in Copyright Infringement Battles The Shifting Tide, Sedgwick s Media Law Bulletin, October Speaker, Hot Topics in Entertainment Litigation, San Fernando Valley Bar Association, Woodland Hills, CA, September 24, Co-author, Verizon-Google s Proposal to Limit Net Neutrality Will Hurt Consumers, Daily Journal, September Author, The Shifting Tide: Courts Favoring ISPs in Copyright Infringement Battles, Los Angeles Daily Journal, August Moderator, Art and Law in the 21st Century, American Bar Association s Annual Meeting, San Francisco, CA, August 8, Co-author, Net Neutrality: Opposing Sides Divided Over Meaning, Impact Part 2, San Francisco Daily Journal, June Co-author, Net Neutrality: Opposing Sides Divided Over Meaning, Impact Part 1, San Francisco Daily Journal, June Co-author, The Future of the FCC s New Indecency Policy, Los Angeles County Bar Association s Los Angeles Lawyer, May 2010.
6 Author, Leading By Example: Diversity in Corporate America, DRI s For the Defense, May Co-author, The FCC s New Policy May Be Obscene, Sedgwick s Live Entertainment News, Spring Co-author, Libel Tourist Attractions May Be Closing in the U.K., Sedgwick s Media Law Bulletin, April Speaker, When You Turn 18, California State University Northridge Academy, Los Angeles, CA, March 17, Co-author, In the UK, Libel Tourist Attractions May Be Closing, San Francisco Daily Journal, March Co-author, Intellectual Property Law Committee: Merging Competency with Conscience, American Bar Association s The Brief, Winter Author, 2009 Media Year in Review, Sedgwick s Media Law Bulletin, January Speaker, Hot Topics in IP for the Live Entertainment Industry, San Fernando Valley Bar Association, San Fernando Valley, CA, December 11, Speaker, The Diversity Factor: Capturing the Competitive Advantage, American Bar Association s Tort Trial and Insurance Practice Section, San Diego, CA, October 8, Speaker, Electronic Information: How to Find it, How to Protect it, and What to do After the Worst Happens, American Bar Association, Chicago, IL, August 1, Speaker, Hot New Issues in Trademark Litigation, San Fernando Valley Bar Association, Woodland Hills, CA, July 10, Author, Swear Tactics, Daily Journal, July Author, Britain s Speech Impediment, Daily Journal, June Author, Libel Tourism and the First Amendment: This Trip Will Cost You Plenty, Sedgwick s Media Law Bulletin, June Author, Value on the Brain, Daily Journal, April Author, Valuing Intellectual Property Assets, IP Today, April Speaker, IP 101, San Fernando Valley Bar Association, Woodland Hills, CA, January 17, Speaker, Intellectual Property Year In Review, San Fernando Valley Bar Association, Woodland Hills, CA, January 9, Author, Cross Words, Daily Journal, December 23, Co-Author, Sprinkles Cupcakes Is Seeing Red...Velvet, That Is!, Sedgwick s Media Law Bulletin, November Author, Technical Difficulties, Daily Journal, October 31, 2008.
7 Author, Sword and Shield: New Media s Legal Savior?, Valley Lawyer, October Co-author, Online Privacy s Disappearing Act, Daily Journal, August 29, Moderator, Ordering Liberty in an International Economy, ABA Annual Meeting, New York, NY, August 8, Co-author, An Obscene Limit on Speech, Los Angeles Daily Journal, June 19, Author, Keeping Piracy at Bay: Is YouTube s Filter Sufficient Under Grokster? Sedgwick s Media Law Bulletin, June Speaker, Deposition Workshop, ABA Tort Trial & Insurance Practice Section (TIPS) Midyear Meeting, Los Angeles, CA, February 8, Co-author, 2007 Media Year in Review, Sedgwick s Media Law Bulletin, January Co-author, Caught Without a License, Marketing Law, November/December Co-author, Pump Up the Volume: No Need to Mute Internet Radio, After All, Sedgwick s Media Law Bulletin, November Author, Anti-SLAPP Statutes: California Moves toward the National Consensus, TortSource, Fall Co-author, Burnett v. Twentieth Century Fox Film Corporation: The Charwoman Is Swept Out of Court, Sedgwick s Media Law Bulletin, September Speaker, Intellectual Property Valuation for Tax Purposes, California Society Certified Public Accountants, Los Angeles, CA, August 14, Speaker/Program Co-Chair, Intellectual Property Insurance Coverage: How to Get It; How to Keep It, ABA Annual Meeting, San Francisco, CA, August 10, Author, Blame It On The Boogie: Electric Slide Inventor Sued, IP Law360, June 7, Speaker, Electronic Discovery: The New Rules, San Fernando Valley Bar Association Intellectual Property, Entertainment, & Internet Law Section Breakfast Program, Encino, CA, March 16, Co-presenter, The Litigation Gamble: How to Increase Your Odds, Insurance Brokers and Agents of the West 15 th Annual Palm Springs Getaway Seminar, Palm Springs, CA, January 26-27, Author, Sword and Shield: New media s legal savior?, Hollywood Reporter, ESQ., January 11, Author, 2006 Media Year in Review, Sedgwick s Media Law Bulletin, December Co-Author, Courts Must Rein in FCC s Harmful Indecency Enforcement, San Francisco Daily Journal, November 14, 2006.
8 Author, The Juice Squeezed? Fred Goldman Sues for O.J. Simpson s Publicity Rights, Media Law Bulletin, October Quoted, Designers Hitting Target With Suits Over Trademarks, Los Angeles Business Journal, October 23, Speaker, Presentation to the General Committee Board Meeting, American Bar Association Tort Trial and Insurance Practices Section (TTIPS), Pinehurst, NC, October 22, Quoted, Thought Leadership, Inside the Minds: Winning Legal Strategies for Advertising and Marketing: Top Lawyers on Best Practices for Success, Aspatore Books, Boston, Summer Editor, Conducting Discovery in an Electronic World: Electronic Data and Discovery, Continuing Education of the Bar - California Civil Discovery Process, Chapter 4, Summer Mentioned, The I.P. Year in Review, San Fernando Valley Bar Association, Encino, CA, December 16, Speaker, E-Commerce in the 50 States, Conference on Past, Present and Future of E-Commerce, Internet Distribution & Competition Law, Boston, Massachusetts, October Speaker, Jurisdictional Issues in E-Commerce, San Fernando Valley Bar Association, San Fernando, CA, April 15, Author, Media Insurance Policies, Rutter Guide on Media Insurance, Author, Viva Los Compilaciones: Fair Use or Return to Sender, ABA/TIPS Media, Privacy and Defamation Law Committee Newsletter, Winter Speaker, 10 Tips for a Successful Deposition, Los Angeles County Bar Association, Breakfast at the Bar Series, March Mr. Stephens is the senior editor of Sedgwick s Media Law Bulletin. Education Mr. Stephens received his J.D. (1995) from Rutgers University, where he graduated in the top ten percent of his class. While in law school, Mr. Stephens was a clerk for U.S. District Court Judge Stanley Brottman. He also served as an editor of the Rutgers Law Journal and published an article on constitutional law in Mr. Stephens received his B.S. (1990) in accounting from Rutgers University School of Business Camden. He graduated in the top five percent of his graduating class. After receiving his degree in accounting, Mr. Stephens gained experience as an auditor with a Big Five accounting firm.