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Virtual Judgment – Legal Implications of Online Gaming
Virtual Worlds, Real World Issues
Virtual World Industry Outlook
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Professionals
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Sean F. Kane
Counsel |
Mr. Kane is a member of the firm’s Intellectual Property practice and a member of the Virtual Worlds & Video Games team. Mr. Kane has represented clients on transactional matters involving various entertainment, communications and consumer products business segments, such as video games, virtual worlds, computer software, the Internet, music publishing, records, motion picture (feature and independent films) and television production and distribution. He also has considerable experience litigating complex business disputes in federal and state courts at trial, appellate levels and in ADR forums throughout the country.
Mr. Kane is a member of the American Bar Association Section of Intellectual Property Law (Chair of the Computer Games and Virtual Worlds Committee), as well as a member of the Section of Science & Technology Law (Chair of the Virtual Worlds and Multiuser Online Games Committee). He is also a member of the American Arbitration Association IP Panel of Neutrals. Mr. Kane is a member of the Board of Editors of the LJN publication, Internet Law & Strategy.
Mr. Kane has written and lectured extensively on legal topics relating primarily to intellectual property and entertainment issues. Some of his recent articles are: "Virtual Judgment: Legal Implications of Online Gaming", published by IEE Security & Privacy, Vol 7, No. 3, May/June 2009; Chapter Author of "Virtual Property, Real Law", for the book "Settlers of the New Virtual Worlds" published by BookSurge Publishing, August 2008; and "Virtual Worlds, Real World Perils", coauthored with Benjamin T. Duranske and published in Landslide: A Publication of the ABA Section of Intellectual Property, Vol. 1, Number 1 September 2008.
Prior to joining our firm, Mr. Kane was the founder of Kane & Associates LLC, where he served as Manager for the firm’s Interactive Entertainment Practice Group.
- Successfully obtained a bench trial verdict holding defendant had breached a contract and misappropriated client’s patent rights.
- Litigated action involving the failure of developer to deliver a virtual world in accordance with the terms of the contract.
- Federal Lanham Act litigation involving comparative advertising of the relative performance of certain home carpet cleaning equipment.
- State court action asserting breach of confidentiality provisions of an employment contract and theft of trade secrets contained in proprietary computer software.
- Successfully defended claims against a national retailer of tickets to sporting and entertainment events in connection with numerous putative class actions.
- Successfully defended claims by manufacturer of specialized glass against competing manufacturer alleging infringement of various design copyrights.
- Represented a major advertising agency and its wholly-owned subsidiary in an unfair competition suit against a company offering Website design and corporate branding services using a name virtually identical to the agency’s wholly-owned subsidiary.
United States District Courts for the Southern and Eastern District of New York
- Chair of the Committee on Virtual Worlds and Computer Gaming, American Bar Association Section of Intellectual Property Law
- Chair of the Virtual Worlds and Multiuser Online Games Committee, American Bar Association Section of Science & Technology Law
- American Bar Association Section of Intellectual Property Law Liaison to Section of Science & Technology Law
- IP Panel of Neutrals, American Arbitration Association
- Board of Editors, Internet Law & Strategy
- Exploring the Market Opportunities & Legal Challenges of the Virtual Goods Phenomenon, speaking engagement as part of the Strategy Analytics Webinar Series, April 2010.
- Developing A Dynamic and Engaging Online Play Strategy On a Budget, speaking engagement at the Engage! Expo Conference, New York, New York, February 2010.
- Video Game Law for Attorneys: A 2009 Update, speaking engagement as part of the Knowledge Congress Webinar Series, February 2010.
- The Crossroads of Financial and Legal Issues in Digital Distribution, speaking engagement at the 2010 Game::Business::Law Summit, Dallas, Texas, January 2010.
- Comparing Virtual World/MMO Business Models: Make the Right Choice, speaking engagement at the Engage! Expo Digital Law Conference, San Jose, California, September 2009.
- Show Me the Money: Unraveling Tax Incentives for Video Game Production, speaking engagement at the Engage! Expo Digital Law Conference, San Jose, California, September 2009.
- EULA's and Tax Incentives: Two More Things You Can't Avoid, speaking engagement at the Austin Game Developers Conference, Austin, Texas, September 2009.
- Current Legal Issues for Virtual Worlds, speaking engagement at the State of Play Conference, New York Law School, New York, New York, June 2009.
- Legal Issues in Virtual Worlds: Never Let Schooling Interfere with Your Education! featured speaker at the Department of Defense's Defense Acquisition University's 5th Annual Innovations in e-Learning Symposium, Fairfax, Virginia, June 2009.
- The Developing Law of Virtual Realities and Online Games, speaking engagement at the Legal Frontiers in Digital Media Conference, Stanford University, Stanford, California, May 2009.
- What the $%*# Does Digital Distribution Mean to Me?, featured speaker at the Game Developers Conference Canada, Vancouver, Canada, May 2009.
- Why Your Lawyer Should be Your Design Partner!, featured speaker at the LOGIN Conference, Seattle, Washington, May 2009.
