Kayvan M. Ghaffari

In addition to his transactional experience, Kayvan also has an extensive background litigating high-stakes and precedent-setting matters at the intersection of technology, IP and complex commercial disputes. He has helped establish landmark precedent under the Copyright Act, the Computer Fraud and Abuse Act, California Penal Code 502, and Digital Millennium Copyright Act, and has successfully represented clients in pivotal cases involving data scraping, machine learning and AI, cutting-edge anti-counterfeiting strategies, and major disputes in the technology, entertainment and e-commerce industries.

Prior to joining Pillsbury, Kayvan was a technology attorney at the San Francisco office of two international law firms. He also served as general counsel to a web3 investment fund and venture studio and general counsel, corporate secretary and head of business affairs at an NFT marketplace startup.

• Representative Counseling Experience (cont’d)

  • Advised several cryptocurrency projects on DAO formations and token launches.
  • Represent cryptocurrency projects and venture funds in early-stage fundraises with a token warrant.
  • Advised web3 trading firm on financial regulations.
  • Represented NFT marketplace in connection with the $69 million sale of Beeple’s Everydays: The First 5000 Days at Christie’s.
  • Represented decentralized exchange in product development and cybersecurity.
  • Represented leading AI artist in the sale of three NFT collections where primary sales exceeded $1.5 million.
  • Advised Bitcoin Ordinals project on IP licensing and bitcoin token launch (Runes).
  • Represented digital art streaming service in developing complex art subscription and licensing scheme conveying varying levels of IP (e.g., commercial v. non-commercial).
  • Represented blockchain payments infrastructure company in federal investigation relating to Bank Secrecy Act with continued engagement on product counseling and regulatory compliance for new product launches.
  • Represented leading work management software company in drafting IP licensing agreements and supporting product development team in creating data-scrapping technology to power and train an AI engine.
• Representative IP and Litigation Experience
  • Serving as lead counsel to ROSS Intelligence in one of the first AI copyright infringement and fair use cases to be considered by U.S. courts. The case alleges that ROSS violated the Thomson Reuters’ copyrights by using judicial opinion summaries or headnotes, which Thomson Reuters claims are copyrightable, to train ROSS’ AI-powered legal service. Thomson Reuters Enterprise Centre GMBH and West Publishing Corp. v. ROSS Intelligence Inc.
  • Represented Microsoft in botnet litigations asserting violations of Computer Fraud and Abuse Act and Electronic Privacy Communications Act to successfully dismantle, among others, the “Zloader,” “NECURS,” “Phosphorous,” and “Thallium” financial theft botnets, which were collectively responsible for billions of dollars of online account theft botnet litigations.
  • Conceived novel copyright argument for Microsoft to obtain a preliminary injunction dismantling “Trickbot,” a botnet responsible for widespread ransomware attacks and interference with the 2020 U.S. presidential election. The court’s order was a key legal victory in Microsoft’s broader efforts to combat cyber threats. Microsoft Corp., et al. v. Does 1-4 (E.D. Va. Case No. 1:20-cv-1171 (AJT/IDD)).
  • Represented Facebook in precedent-setting litigation involving enjoining violations of the Computer Fraud and Abuse Act, CAN-SPAM Act, and California Penal Code section 502. Facebook Inc. v. Power Ventures.
  • Represented Synopsys in executing a first-of-its-kind legal strategy utilizing the DMCA, civil RICO, and federal anti-counterfeiting statutes to assert trafficking-based claims against Ubiquiti Networks for the theft of Synopsys’ semiconductor design software. This strategy enabled claims to reach extraterritorial conduct, setting a legal precedent for software counterfeiting cases. Successfully dismissed CFAA counterclaims alleging Synopsys’ anti-piracy software accessing Ubiquiti’s infrastructure without authorization. Synopsys, Inc. v. Ubiquiti Networks, Inc., et al.
  • Served as lead counsel for StubHub in a high-stakes litigation involving claims related to its affiliate marketing program. Prevailed against complex contractual and revenue-sharing claims. Spotlight Ticket Management, Inc. v. StubHub, Inc., et al.
  • Successfully defended Oracle in a multibillion-dollar lawsuit brought by the State of Oregon, against allegations of civil RICO violations and fraud related to the failed rollout of the "Cover Oregon" health care exchange. The defense led to a favorable resolution, mitigating the substantial liability sought by the state. Oregon v. Oracle.
  • Represented Netflix in a case involving employee mobility and fixed-term contracts in California, challenging Twentieth Century Fox’s restrictive employment agreements. The case set significant precedent in California employment law and strengthened Netflix’s ability to recruit top talent. Twentieth Century Fox Film Corp., et al. v. Netflix, Inc.

• Speaking Engagements cont’d

  • “Legal Implications and Considerations Related to Likeness and Intellectual Property in Web3,” by Nasdaq TradeTalks with Jill Malandrino, June 2023. Interview.
  • “Generative AI: Explosive Growth and Regulatory Uncertainty” at AI & Blockchain Summit, May 2023. Panelist.
  • “Current IP Issues with NFTs” at NFT NYC, April 2023. Panelist.
  • “Human Rights and Generative AI: Creators’ Rights and AI” hosted by Amnesty International and Fight for the Future, May 2023. Panelist.
  • “Non-Fungible Token Study: NFTs and IP Management and Enforcement” by the U.S. Copyright Office, January 2023. Panelist.
  • Industry Private Roundtable by Betaworks Ventures Management, LLC, April 2022. Panelist.
  • “Navigating NFTs: How the Industry Is Addressing Unique Compliance Challenges Posed by Non-Fungible Tokens” at ACI Forum on Digital Assets Compliance: AML, Sanctions & Fraud, June 2022. Panelist.
  • “Nonfungible Tokens (NFTs) – How High Can They Go” at Alternative Finance Summit 2022: Fintech, Blockchain and Crowdfunding, September 2022. Panelist.
  • “Criminal Intent – Protecting Your Brand in the Digital Space” at ANA/BAA Marketing Law Conference, November 2021. Panelist.
  • “How Security Teams and Counsel Can Successfully Navigate the Complex Challenges of Security, Trust and Safety,” at Nisos Advanced Persistent Talks legal videocast, November 2021. Webinar.

• Publications

  • “MakersPlace and Transient Labs Debut Digital Provenance Tech for Physical Art,” NFT Now, November 14, 2023. Quoted.
  • “World’s First AI Art Hackathon: Is AI a Tool of Artistic Expression?,” Unchained Crypto, June 20, 2023. Quoted.
  • “See Inside the World’s First AI Art Hackathon, Where Artists Trevor Jones and Hackatao Sparked a Human-Machine Alliance,” Artnet, June 14, 2023. Quoted.
  • “MakersPlace Launches Art Monitoring Service,” Doppel, May 26, 2023. Quoted.
  • “Unleashing the Future of Art: MakersPlace Presents Groundbreaking AI-Generative Artistry,” StreetInsider, May 25, 2023. Quoted.
  • “MakersPlace to Host Live AI Art Hackathon Featuring Hackatao, Trevor Jones, More,” NFT Now, May 25, 2023. Quoted.
  • “Celebrities Shilled Crypto at the Top. Can They Learn for Next Cycle?,” Blockworks, August 18, 2022. Quoted.
  • “SCOTUS Limits Scope of Computer Fraud Law. Here’s the Business Impact,” Cybersecurity Dive, June 4, 2021. Quoted.
  • “Navigating NFT Brand Management Risks and Rewards,” Law360, April 30, 2021. Co-author.
  • “SEC Telegram Injunction Is a Wakeup Call for Token Investors,” Law360, April 21, 2020. Co-author.
  • The End to an Era of Neglect: The Need for Effective Protection of Trademark Licenses, 87 S. Cal. L. Rev. 1053 (2014), quoted in Brief of the Intellectual Property Owners Association as Amicus Curiae in Support of Neither Party, Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, S. Ct. (2018). Author.