Erik S. SyversonPartner
Erik Syverson is a leading internet and technology attorney and co-chairs the Firm’s Internet and Digital Media Practice Group. In addition to his extensive litigation and trial experience, national news media organizations frequently turn to Erik for analysis of contemporary internet law issues including CNBC, FOX NEWS, THE HUFFINGTON POST, THE NFL NETWORK, THE LOS ANGELES TIMES and CNN. Mr. Syverson was named a ‘Super Lawyer’ by Super Lawyers magazine in 2012, 2013, 2014 and 2015 , a distinction given to less than 2.5 percent of attorneys in California.
Erik handles litigation related to digital media data breach, advertising and intellectual property rights for public and private companies. His cases often involve cutting edge business models that require innovative strategies and solutions.
A veteran of data privacy and security law, Erik counsels and prepares clients for breach events. This includes employee training, data mapping, network vulnerability testing and vendor review. When breach events occur, companies and insurance carriers retain Erik’s team to coordinate the breach response including state by state notification procedures. Erik has experience interfacing with many federal and state agencies regarding breach events including the California Attorney General, the FBI, the FTC and the US Attorney.
Erik litigates and advises internet companies with regard to federal and state statutes such as Section 230 of the Communications Decency Act, the Digital Millennium Copyright Act, the Anticybersquatting Consumer Protection Act, the Consumer Fraud & Abuse Act, the Lanham Act, the Computer Fraud Act, the Wiretap Act, and the Stored Communications Act. Additionally Erik advises clients on international internet regulations, particularly European privacy and intellectual property laws.
In a number of cases, Erik has successfully defended a number of well-known social networks and highly trafficked user-generated content sites by invoking the Communications Decency Act and the Digital Millennium Copyright Act. His successful application of such defenses and immunities has resulted in numerous early dismissals or favorable settlements of lawsuits for defamation and intellectual property infringement. Erik frequently handles cases arising under the Lanham Act including claims related to contributory trademark and counterfeiting liability for internet service providers. Erik also represents national consumer brands in the food and apparel industries in enforcement actions for infringement and dilution claims.
Erik has represented dozens of corporate executives, entertainers and high net worth individuals in internet defamation cases. In such cases, Erik provides a comprehensive strategy focused upon unmasking the source of anonymous internet defamation by utilizing the litigation process to remove false information from the internet. Erik’s efforts have resulted in numerous confidential settlements providing for monetary damages and the permanent removal of defamatory internet content.
J.D., Loyola Law School, Los Angeles, California, 2002
B.A., University of Michigan, 1994
History, Michigan Honors Student
U.S. District Court Northern District of California
U.S. District Court Eastern District of California
U.S. Court of Appeals 9th Circuit
- Represented a European mobile gaming company in a federal copyright infringement lawsuit against a Chinese video game company. Erik and his team defeated the defendant's motion to dismiss for lack of jurisdiction or in the alternative transfer of venue. Erik then proved during discovery that the defendant made millions of dollars in illicit profits by hacking into and copying protected elements and source code from Plaintiff's game. Defendants then decided to settle the case for a significant sum of money prior to trial.
- Currently defending one of the world’s largest internet service providers from contributory counterfeiting and trademark infringement claims brought by a consortium of European luxury goods manufacturers including Cartier and Montblanc. Erik and his team successfully defeated Plaintiffs’ motion for summary judgment for what would have been a record sum of $150,000,000. The case is currently pending trial in California’s Central District.
- Defended global affiliate network from trademark infringement claims brought by national pay day lender. Plaintiff sought damages in excess of $5,000,000. After conducting limited discovery, Erik negotiated a consent judgment whereby Erik’s client paid no damages and obtained a dismissal with prejudice.
- Obtained a judgment in the District Court of Nevada in excess of $1,000,000 for a private equity firm that had been fraudulently induced to invest in a failed scrap metal recycling firm.
- Coordinated data breach response for international apparel company.
- Representation of a class of internet pay per click advertisers on IAC/Interactive Corp.’s network. Obtained certification of the national class and secured a seven figure settlement shortly thereafter.
- Privacy and data security counsel to a national financial services company.
- Defended an outdoor advertising company at trial on a multi-million dollar breach of lease claim by a national automobile dealership. Obtained a complete defense verdict after three week trial and secured a seven figure award of attorney fees which was upheld on appeal.
- Prevailed in a jury trial on behalf of a law firm partner who had been defamed via anonymous emails sent to his law firm partners. Erik and his team engaged in extensive discovery in order to prove the identity of the defendant, who happened to be the boyfriend of the plaintiff’s ex-wife. After a five day trial, the jury awarded Erik’s client six figures in punitive damages, in addition to general damages for emotional distress.
- Defended national newspaper from claims of copyright infringement by photo agency seeking in excess of $1,000,000 in damages. After conducting discovery and advancing a fair use defense, Erik forced the plaintiff to enter into a settlement on favorable terms.
- Secured the dismissal of over $400,000,000 in intervenor claims brought in the Northern District of Illinois against several real estate investors and executives. The claims related to a failed commercial real estate investment fund seeking to purchase several mall properties throughout the Midwest.
- Represents St. Dalfour foods company in international trademark enforcement actions. Recently, secured a judgment and permanent injunction against a trademark infringer in New Jersey District Court.
- December 2014 – Privacy roundtable: California Lawyers Magazine.
- March 2014 - Introduction of Digital Evidence at Trial: by Erik Syverson and Los Angeles Superior Court Judge Hon. Mary Thornton House. Presented to the Pasadena Bar Association.
- February 2014 - Contributory Liability for Internet Service Providers in Trademark Infringement and Counterfeiting Cases: by Erik Syverson for the California State Bar Cyberlaw Committee.
- August 2012 - Unmasking John Doe Defendants in Internet Defamation Cases : by Erik Syverson for the California State Bar Cyberlaw Committee.
- December 2013 - Internet Defamation Litigation Basic: by Erik Syverson for Thomson Reuters litigation webcast series.
- "Is Social Media Entitled to Trade Secret Protection?", Daily Journal, February 13, 2012
- "Internet Defamation and Reputation Management" - Speaker, Thomson Reuters, West Legal Education Center, December 13, 2011
- "Is Farmville Just a Game, or Big Brother in Disguise?" - Huffington Post, October 22, 2010
- "The Coming Wave of Social Media Class Actions" - Huffington Post, September 2, 2010
- Fox News Internet Law Expert, Over Ten Television Appearances
California State Bar Cyberlaw
Los Angeles County Bar Association
Beverly Hills Bar Association
American Bar Association
for 2012, 2013, 2014 and 2015