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Emerging Media and Technologies

Warner’s Emerging Media and Technologies team is comprised of lawyers who are futurists and techno-philes in their own rights. We actively participate in industry groups and cutting-edge legal actions in order to secure the rights of those building tomorrow’s means of communication. Plenty of lawyers and law firms are adept at advising on legal determinations that authorities have already made. We not only anticipate the legal questions raised by new technologies – we also help shape the conversations that determine what the answers will be.


Augmented Reality/Virtual Reality/Mixed Reality

Our Emerging Media and Technologies team is uniquely equipped to help content creators and manufacturers in AR/VR/mixed reality secure their rights and minimize their exposure to liability – as we’re regularly counseling companies on their ethical use. To speak plainly, we thoroughly understand these burgeoning fields, the technologies behind them and the many legal issues they raise.

Our team includes the first lawyer to blog on AR-related legal issues since 2011, before hardly anyone outside the industry had heard the term “augmented reality” — the first to write articles and books on the subject — and the legal team responsible for the first constitutional challenge to a law regulating AR content. Several of our attorneys are also steeped in traditional media law and litigation, providing a broader context for understanding the legal doctrines that govern newer media as well. Even the U.S. Congress sought our advice when preparing to hold its first hearings on AR.

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Strengths Snapshot

  • Augmented reality/virtual reality/mixed reality
  • Blockchain
  • Battery electric vehicles and other automotive ingenuity
  • Social media
  • Drones
  • Intellectual property, trademarks, trade dress, copyrights and IP enforcement
  • Contractual/terms and conditions counsel
  • Emerging media and technology litigation

Representative Experience

Our clients range from startups responsible for some of the most innovative and awarded AR/VR devices and content on the market, to trade associations and established multinationals looking to capitalize on the rapid innovation happening across the technological spectrum. Examples of what our lawyers have done include:

  • Filing a ground-breaking First Amendment lawsuit challenging a municipal ordinance, adopted in response to Pokemon Go, that purported to regulate the publication of location-based augmented reality games (Candy Lab Inc. v. Milwaukee County, No. 17-CV-569 (E.D. Wis. 2017)).
  • Litigated a cutting-edge case now discussed in copyright textbooks that clarified the boundaries of copyright protection in digital imagery (Meshwerks, Inc. v. Toyota Motor Sales USA, Inc., 528 F. 3d 1258 (10th Cir. 2008) (Gorsuch, J.)).
  • Trademark litigation over one of the world’s popular trademarks in the virtual reality industry.
  • Advising the United States Senate on augmented reality legal issues.
  • Representing a global trade association responsible for industry-leading conferences on augmented reality, virtual reality, internet of things (IoT) and wearable technologies.
  • Drafting several software contracts related to IoT and related applications.
  • Advising clients on the ethical use of artificial intelligence (AI), augmented reality (AR), virtual reality (VR) and other emerging technology as it relates to: the First Amendment and freedom of speech; patents, copyrights, trademarks, trade dress and intellectual property; customer, supplier and vendor contracts; data breach and privacy threats; negligence, personal injury and products liability; marketing and advertising for AR/VR publishers; marketing and advertising legal counsel; drafting of privacy policies and terms and conditions for a variety of digital content.
  • Advising on privacy issues presented by drones and demonstrating thought leadership on drone legal issues.
  • Drafting requests for waivers from drone usage regulations.
  • Obtaining removal of infringing, defamatory, and revenge porn content from social media sites and virtual worlds for global brands such as Starbucks and in new circumstances presenting issues of first impression.
  • Advising major brands on social media marketing, compliance with FTC regulations, and corporate social media policies – including responding to employee misuse of social media.
  • Educating judges, attorneys and businesspeople in the legal issues arising from social media, AR/VR and drones.