Terry Budd

Terry Budd has spent over 35 years as a First Chair trial lawyer and litigator prosecuting and defending a wide range of Intellectual Property, Cybersecurity, Internet, First Amendment/Libel, and Complex Commercial litigation claims for corporations across the US and abroad. Typically advocating a counter-intuitive approach, yet one solidly grounded in well-established legal principles, Mr. Budd’s practice has included a large number of high-profile cases, involving, for example, Playboy Enterprises, Turner Broadcasting, WWE, Coca-Cola, AOL, CBS Network, Goldie Hawn, NFL players, Westinghouse, Alcoa, BNY Mellon Bank, PPG, F**ckedcompany.com, Malwarebytes, and Bleepingcomputer.com. Mr. Budd has personally handled trial cases in NYC, LA, San Fran, Seattle, Chicago, Dallas, Philadelphia, Paris, Hamburg, and London. 

He has repeatedly received The Best Lawyers in America Award and is a member of the Academy of Trial Lawyers (ATLAC). He has been recognized as one of Pennsylvania’s Top Rated Lawyers and has consistently achieved the highest Martindale-Hubbell Preeminent – AV Rating plus its 5.0 Highest Ethical Standards Award. Budd Law has also earned the US News Best Law Firms Award – and has been recognized as a Top Rated Intellectual Property Lawyer in the National Law Journal and The American Lawyer.

After decades as an equity partner serving an array of Fortune 500 companies at the International law firm K&L Gates, Mr. Budd decided to custom tailor his practice to serve a small number of select clients through a boutique firm model in the special role as First Chair Trial Counsel and strategic outside General Counsel in matters across the globe from the US to the European Union to the Asian markets. Focusing his practice on the businesses of a select number of clients – while utilizing large International law firms as his special Litigation Teams – has enabled Mr. Budd to bring a new level of excellence to his clients’ cases. Expanding his International practice for clients across the European Union, Mr. Budd actively participates in a number of International Law associations and High Tech organizations. 

Mr. Budd’s practice primarily focuses on Cybersecurity, Software Litigation, AI/Machine Learning Developments, Blockchain Legal Disputes, and Intellectual Property matters. Mr. Budd has lectured extensively on Trial Tactics, developing and examining expert trial witnesses, jury psychology/jury selection, Cybersecurity, and Intellectual Property law – as well as effective strategic business planning for avoiding costly litigation. He has also authored and served as an Editor for a number of books and articles on Trial Tactics and legal strategies. Mr. Budd has been a contributor/commentator in various media publications, including the Wall Street Journal, the Chicago Tribune, NBC News, and the ABA Journal.

When not fighting for his clients, Mr. Budd enjoys traveling with his wife, son, and daughter – as well as shooting clays and motocross racing. Mr. Budd has been honored to gain a reputation given to him by his peers as “a lawyer’s lawyer”, who approaches litigation as a chess match and who’s always ready for a bare-knuckled fight.

REPRESENTATIVE TRIALS/CASES

Below are examples of different types of trials and cases that Terry Budd has handled over the course of his career.

Enigma Software Group USA, LLC vs. Bleeping Computer, (S.D.N.Y.)

Prosecuted Lanham Act, libel/defamation, business tort, and Intellectual Property infringement claims against a website to a successful business resolution after securing a Federal Court Opinion defining the limitations of the scope of protections afforded under Section 230 of the Communications Decency Act and establishing the scope of liabilities of website owners.

Enigma Software Group USA, LLC vs. ESET, (Hamburg, Germany Trial Court)

Successfully obtained an initial stage Preliminary Injunction against ESET for wrongfully blocking and interfering with Enigma’s customers’ use and access to Enigma’s software system optimization products and for unfair business competition under German law. The prosecution of Enigma’s comprehensive claims is proceeding.

Enigma Software Group USA, LLC vs. Malwarebytes, Inc., (Paris Business Court)

Prosecution of claims under French law for unfair competition and tortious interference with Enigma’s customer relationships for Malwarebytes’ unlawful blocking of Enigma’s anti-malware software products. (Case pending).

WWE vs. Playboy Entertainment, Inc., (S.D.N.Y.)

Successfully prosecuted emergency suit in NYC Federal Court and secured Preliminary Injunction against Playboy Magazine for Intellectual Property infringement claims for unauthorized use of WWE’s characters and trademark/copyright materials.

WWE vs. Brent Bozell and Parents Teachers Council, (S.D.N.Y.)

Prosecuted to successful resolution extended litigation for claims for disparagement, trade libel, and tortious interference against an activist group to protect WWE TV Programming and Intellectual Property rights from unlawful campaign of attacks.

Print Café Software vs. F*#^cked Company.Com, (Pa. Ct of Common Pleas)

Prosecuted one of the earlier original cases for defamation/libel and theft of proprietary information against anonymous Internet posters through pursuit of litigation against ISPs for disclosure of true identity of the defendant posters.

Turner Broadcasting Corporation (TBS) vs. WWE, CBS, et al, (Delaware Chancery Ct)

Successfully defended through trial, verdict, and appeal alleged claims for breach of TV Programming contracts to enable WWE to pursue new TV Programming deals with alternative TV stations.

Mellon Bank, N.A. vs. Arthur A. Gillis, Goldie Hawn, Quincy Jones, et al., (Los Angeles Superior Ct)

Successfully investigated and prosecuted to resolution claims for millions of dollars due Mellon Bank under real estate tax shelters and real estate partnership notes.

United Technologies, Inc. vs. AIG, et al., (Mass. Superior Ct)

Prosecuted to a wining jury verdict UTC’s claims for insurance coverage against dozens of insurance carriers for reimbursement of millions of dollars for cleanup costs for environmental remediation and for breach of insurance contracts and wrongful denial of insurance coverage.

Jeannette Glass, Inc. vs. Coca Cola, Inc., Security Pacific Bank, N.A., et al, (W.D. Pa)

Successfully defended and conducted forensic accounting investigation in a protracted litigation concerning alleged financial fraud and accounting improprieties with damages alleged in excess of $50 Million in connection with a leveraged buyout – and obtained winning defense verdict after a full trial.

Alcoa, Inc. vs. Liberty Mutual et al. (Washington Superior Court)

Developed and prosecuted complex insurance coverage claims for environmental clean-up costs against 100 + insurance companies and won 8 figure jury verdict for Alcoa after 3 month trial.

 

Terry Budd

Terry Budd has spent over 35 years as a First Chair trial lawyer and litigator prosecuting and defending a wide range of Intellectual Property, Cybersecurity, Internet, First Amendment/Libel, and Complex Commercial litigation claims for corporations across the US and abroad. Typically advocating a counter-intuitive approach, yet one solidly grounded in well-established legal principles, Mr. Budd’s practice has included a large number of high-profile cases, involving, for example, Playboy Enterprises, Turner Broadcasting, WWE, Coca-Cola, AOL, CBS Network, Goldie Hawn, NFL players, Westinghouse, Alcoa, BNY Mellon Bank, PPG, F**ckedcompany.com, Malwarebytes, and Bleepingcomputer.com. Mr. Budd has personally handled trial cases in NYC, LA, San Fran, Seattle, Chicago, Dallas, Philadelphia, Paris, Hamburg, and London.

He has repeatedly received The Best Lawyers in America Award and is a member of the Academy of Trial Lawyers (ATLAC). He has been recognized as one of Pennsylvania’s Top Rated Lawyers and has consistently achieved the highest Martindale-Hubbell Preeminent – AV Rating plus its 5.0 Highest Ethical Standards Award. Budd Law has also earned the US News Best Law Firms Award – and has been recognized as a Top Rated Intellectual Property Lawyer in the National Law Journal and The American Lawyer.

After decades as an equity partner serving an array of Fortune 500 companies at the International law firm K&L Gates, Mr. Budd decided to custom tailor his practice to serve a small number of select clients through a boutique firm model in the special role as First Chair Trial Counsel and strategic outside General Counsel in matters across the globe from the US to the European Union to the Asian markets. Focusing his practice on the businesses of a select number of clients – while utilizing large International law firms as his special Litigation Teams – has enabled Mr. Budd to bring a new level of excellence to his clients’ cases. Expanding his International practice for clients across the European Union, Mr. Budd actively participates in a number of International Law associations and High Tech organizations.

Mr. Budd’s practice primarily focuses on Cybersecurity, Software Litigation, AI/Machine Learning Developments, Blockchain Legal Disputes, and Intellectual Property matters. Mr. Budd has lectured extensively on Trial Tactics, developing and examining expert trial witnesses, jury psychology/jury selection, Cybersecurity, and Intellectual Property law – as well as effective strategic business planning for avoiding costly litigation. He has also authored and served as an Editor for a number of books and articles on Trial Tactics and legal strategies. Mr. Budd has been a contributor/commentator in various media publications, including the Wall Street Journal, the Chicago Tribune, NBC News, and the ABA Journal.

When not fighting for his clients, Mr. Budd enjoys traveling with his wife, son, and daughter – as well as shooting clays and motocross racing. Mr. Budd has been honored to gain a reputation given to him by his peers as “a lawyer’s lawyer”, who approaches litigation as a chess match and who’s always ready for a bare-knuckled fight.

REPRESENTATIVE TRIALS/CASES

Below are examples of different types of trials and cases that Terry Budd has handled over the course of his career.

Enigma Software Group USA, LLC vs. Bleeping Computer, (S.D.N.Y.)

Prosecuted Lanham Act, libel/defamation, business tort, and Intellectual Property infringement claims against a website to a successful business resolution after securing a Federal Court Opinion defining the limitations of the scope of protections afforded under Section 230 of the Communications Decency Act and establishing the scope of liabilities of website owners.

Enigma Software Group USA, LLC vs. ESET, (Hamburg, Germany Trial Court)

Successfully obtained an initial stage Preliminary Injunction against ESET for wrongfully blocking and interfering with Enigma’s customers’ use and access to Enigma’s software system optimization products and for unfair business competition under German law. The prosecution of Enigma’s comprehensive claims is proceeding.

Enigma Software Group USA, LLC vs. Malwarebytes, Inc., (Paris Business Court)

Prosecution of claims under French law for unfair competition and tortious interference with Enigma’s customer relationships for Malwarebytes’ unlawful blocking of Enigma’s anti-malware software products. (Case pending).

WWE vs. Playboy Entertainment, Inc., (S.D.N.Y.)

Successfully prosecuted emergency suit in NYC Federal Court and secured Preliminary Injunction against Playboy Magazine for Intellectual Property infringement claims for unauthorized use of WWE’s characters and trademark/copyright materials.

WWE vs. Brent Bozell and Parents Teachers Council, (S.D.N.Y.)

Prosecuted to successful resolution extended litigation for claims for disparagement, trade libel, and tortious interference against an activist group to protect WWE TV Programming and Intellectual Property rights from unlawful campaign of attacks.

Print Café Software vs. F*#^cked Company.Com, (Pa. Ct of Common Pleas)

Prosecuted one of the earlier original cases for defamation/libel and theft of proprietary information against anonymous Internet posters through pursuit of litigation against ISPs for disclosure of true identity of the defendant posters.

Turner Broadcasting Corporation (TBS) vs. WWE, CBS, et al, (Delaware Chancery Ct)

Successfully defended through trial, verdict, and appeal alleged claims for breach of TV Programming contracts to enable WWE to pursue new TV Programming deals with alternative TV stations.

Mellon Bank, N.A. vs. Arthur A. Gillis, Goldie Hawn, Quincy Jones, et al., (Los Angeles Superior Ct)

Successfully investigated and prosecuted to resolution claims for millions of dollars due Mellon Bank under real estate tax shelters and real estate partnership notes.

United Technologies, Inc. vs. AIG, et al., (Mass. Superior Ct)

Prosecuted to a wining jury verdict UTC’s claims for insurance coverage against dozens of insurance carriers for reimbursement of millions of dollars for cleanup costs for environmental remediation and for breach of insurance contracts and wrongful denial of insurance coverage.

Jeannette Glass, Inc. vs. Coca Cola, Inc., Security Pacific Bank, N.A., et al, (W.D. Pa)

Successfully defended and conducted forensic accounting investigation in a protracted litigation concerning alleged financial fraud and accounting improprieties with damages alleged in excess of $50 Million in connection with a leveraged buyout – and obtained winning defense verdict after a full trial.

Alcoa, Inc. vs. Liberty Mutual et al. (Washington Superior Court)

Developed and prosecuted complex insurance coverage claims for environmental clean-up costs against 100 + insurance companies and won 8 figure jury verdict for Alcoa after 3 month trial.

 

Leslie M. Spencer

Leslie Spencer, co-chair of the firm’s diversity committee, is a partner in the IP litigation practice working in the firm’s New York and West Coast offices. Leslie counsels clients on intellectual property matters involving software, computer networks and security, semiconductors, financial technology (“FinTech”), blockchain and artificial intelligence, among other technologies. She has over 15 years of experience litigating patent disputes in federal district court, including at Markman hearing, trial and appeal to the U.S. Court of Appeals for the Federal Circuit. Leslie is also a registered patent attorney, and appears before the Patent Trial and Appeal Board. Her practice also involves advising clients on IP asset protection, IP transactions and freedom-to-operate opinions.

Leslie has been recognized by New York Law Journal as one of thirty “Top Women in Law 2016,” and among New York Metro Super Lawyers since 2013.

Prior to practicing law, Leslie worked for financial services and defense technology companies, and supervised the development of a smart card-based secure transaction system.

Diversity:

At Ropes & Gray, diversity has long been an essential part of our firm identity. We are committed to fostering an inclusive community of professionals of all races, religions, genders, sexual orientations and family structures. We see our individual differences as an asset that enhances the quality of life for each of us and strengthens what we can accomplish as a firm.

The firm works hard to promote the recruitment, retention and advancement of people of diverse backgrounds at all levels. Our diversity committee, led by partners Leslie Spencer and Joan McPhee, hosts programs and events, addresses policy issues, and works to ensure that diversity remains a key focus across all of our offices. With the help of resources such as the Ropes Multicultural Group, LGBTQ Forum, Women’s Forum, and professional development and attorney support teams, we offer educational programs and seminars to our firm community.

Firm Overview:

Joining Ropes & Gray means becoming part of a global network of 1,200 professionals working across three continents and 17 time zones. And that translates into exciting career opportunities for entry-level candidates and experienced lawyers alike.

Rajeshwari Hariharan

Rajeshwari Hariharan is the founder of Rajeshwari & Associates, a full service law firm based at New Delhi (India), specializing in the field of Intellectual Property including Patents & Designs, Trade Mark, Copyright, Plant Variety Registration, Geographical Indicators, besides other regulatory and allied areas.

After completing her Master’s Degree in Biotechnology and Bachelor’s Degree in Law, she was admitted to the Bar in 1993 and practiced as an advocate before the courts in Pune as well as the High Courts at Delhi and Bombay.

Ms. Rajeshwari led the patent litigation practice and played a key role in managing and growing the patents team in a reputed and leading Delhi-based law firm. She parted as an equity partner from the firm after almost 14 years, to set up Rajeshwari & Associates.

With over 20 years experience in legal practice, Ms. Rajeshwari’s areas of practice include counseling on issues relating to patent and infringement including rendering patentability opinions, drafting technology transfer and know-how agreements, licences, assignments; prosecution of patent applications in the field of pharmaceuticals, biotechnology and biochemistry.

Ms. Rajeshwari was an active member of the legal team engaged for advising on issues related to reform initiatives in India. She has also advised clients on various aspects of Foreign Direct Investments, entry strategies, structuring of investments and acquisitions, drafting and negotiating of contract documents, as well as advised several clients on diverse high value and precedent-setting dispute resolutions.

She has rich experience in carrying out due diligence and handing of patent oppositions, revocations and appeals before the Patent Office and other higher for authorities. Currently, she handles patent and other litigations at the Supreme Court of India and various High Courts across India.

Besides authoring several articles, Ms. Rajeshwari is regularly invited to present papers and speak at various conferences and seminars in India and Abroad. Moreover, she has been rated by Chambers and Partners and Intellectual Asset Management magazine as one of the leading patent lawyers in the country.

 

Kerry Chrysiliou

Kerry is a co-founder and managing principal of Chrysiliou IP, which has a principal focus on all aspects of intellectual property. She is a Solicitor and a Patent and Trade Marks Attorney in Australia and New Zealand. A Bachelor of Science graduate (majoring in Chemistry and Biochemistry), she has specialised in patent, trade mark and litigation matters since 1969.

Kerry has authored intellectual property presentations and articles in Australia and overseas. Kerry also heads the litigation team in Chrysiliou Lawyers, a division of ChrysLegal, where she acts in major intellectual property litigation matters before the Federal Court and High Court. ChrysLegal is involved in litigation matters in a number of Australian States. Kerry has been highly recommended to clients by senior counsel and has acquired a substantial reputation in the intellectual property litigation field.

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Chrysiliou IP and ChrysLegal  (“the Group”):

The Group occupies a niche in the Australasian intellectual property field by bringing specialist knowledge of intellectual property, consumer law and technology law into the practice provided by patent and trade mark attorneys and lawyers. With offices in Sydney and Melbourne it represents clients throughout Australia, New Zealand and Papua New Guinea with members of the Group admitted to practice in such countries.

The Group dates back to1987 when CMC intellectual property lawyers was founded by Andros Chrysiliou and Kerry Chrysiliou who had for many years before such time occupied senior partner positions in one of Australia’s largest Firms.  With careers dating back to 1970, Andros and Kerry used a wealth of knowledge and experience upon which to build the solid foundations of the Group, which has worked hard to establish a reputation for outstanding services in Australia and overseas.

The law firm in its initial years came to prominence with its successful handling of significantly important contentious matters.  These matters had been transferred to the Firm’s care by large US multi-national corporations and local companies who had faith in the Firm.

The Group has a strong team of experts in its patent and trade mark attorney and litigation practices, offering a range of specially designed services in the intellectual property law and related practice fields. These specialised services include reviewing the management of clients’ intellectual property portfolios, creating a master plan for effective protection and been in a position to the in the best possible position should litigation becomes necessary or is encountered.

Security and confidentiality is an ethical requirement of the Group and it protects client’s confidential information as if it is our own and this is important when litigation proceedings are on the radar. Using conflict management tools members of the Group has managed to settle numerous matters with favorable outcomes and avoiding the need for costly litigation.

Kerry has played a leading role in establishing such structure for the Group, as well as diligently working around the clock in leading the way in giving clients the best possible attention to their intellectual property litigation and providing the best prospects for success.

Kerry is a director in a top level professional rugby league team and has been actively involved in the activities of the team and its governing body. Kerry is also a director of a horse racing and breeding company. Her commercial experiences at board level have been passed onto the Group in providing a better understanding of what are critical factors for businesses in conflict matters.

Creativity and new ideas lie at the heart of every successful new venture.  These intangible rights need to be legally protected by experts in order to avoid costly adverse consequences down the track. It is all part of a successful anti-litigation plan and the Group has the patent and trade mark attorney and lawyer team of technically literate and experienced professionals to do that and they  not only think outside the box, but examine all cavities within the box.

 

Hemant Singh

Hemant Singh, the founder member of the firm, joined the bar in 1984 and has been exclusively practicing in the field of Intellectual Property Rights for more than two and a half decades. Till 1991, he was a partner in an IP law firm where after, he established INTTL ADVOCARE, an IPR law firm based at New Delhi, India. His guidance has seen the firm grow steadily from a national to an international level. He has been instrumental in developing a world-wide clientele, and has handled over 1700 IP litigations.

He has been the lead counsel in several land mark IP cases. He is a litigation counsel as well as a registered Patent Agent. Mr. Singh is also a member of the INTA, AIPPI, APAA, IPAA, FICCI and ASSOCHAM and Supreme Court and Delhi High Court Bar Association. He has been the Chairman of National Council on IPR of ASSOCHAM (Associated Chambers of Commerce and Industry in India) (2010-11).

He has served as the Vice President APAA (Asian Patent Attorneys Association) India Group (2004-09). Also been the Committee Member of Trade Name Subcommittee of INTA (International Trade Marks Association (2010-12), Trade Marks Committee of APAA (Asian Patent Attorneys Association) (2010-12), CII National Committee on IP (2011-2012), Anti Counterfeiting Sub-Committee of INTA (2006-09), Internet Counterfeiting Task Group of INTA (2006-07), Anti Counterfeiting Committee of APAA (2004-09), Membership Committee of INTA (2004-05), Executive Member of APAA Management Committee (Indian Group) (2002-04). He has been attending many conferences all over the world, speaking on various relevant IP issues at Global conferences including LawAsia, INTA, APAA among many others.

Inttl Advocare:

Inttl Advocare is a full service IP firm, ranked as one of the leading IP firms in India by “Managing IP” and “Chambers and Partners”, U.K. The Firm in a short span of time has firmly established itself in the Indian legal industry and has built up a reputation for competence, good practices and effective service.

Inttl Advocare was established in 1991 and has its principal office in New Delhi with associate offices in Chennai, Kolkata, Mumbai, Bangalore and Ahmadabad.Mr. Hemant Singh, the Founding Partner, is a leading IPR litigation lawyer in India who has been practicing in the field of IPR since 1984 and has handled over 1700 IP litigation cases till date on Trade Marks, Copyright, Industrial Designs, and Patents.

Inttl Advocare presents an appropriate mix of the necessary legal expertise, industry specialization and commercial acumen. The Firm has specialist teams headed by domain experts to ensure that the most relevant, powerfully persuasive and comprehensive legal advice is delivered to its clients. The firm has a strong IT support, and qualified patent agents and engineers.

With an aim to provide best results, the Firm has specialized Departments for Trademarks prosecution, Enforcement and Patent. The firm advises a diverse clientele including leading brands in Foods and Beverages, Liquor, Garments, Cosmetics, FMCG, Fashion Accessories, Computer Software, Telecommunication, Media, Electronics, Telemarketing Industry, Pharmaceuticals, Automobiles, Biotechnology, Printing Industry, civil engineering etc. The Firm ensures that its clients receive cost-effective, value added and fully integrated services always.

 

Omer Hızıroglu

Mr. Ömer Hızıroğlu is the lead IP counsel to BTS & Partners. He advises the firm’s clients on a wide range of commercial transactions including contentious, non-contentious intellectual property law issues with a particular focus on international license agreements, complex collaboration agreements technology transfer matters, portfolio management and intellectual asset maximization strategies. He leads the firms IP prosecution team. He also has significant experience on structuring venture capital and private equity infrastructure. He advises several universities on technology transfer mechanisms, early stage technology management. He is closely involved with and advises Turkey’s leading technology start ups. Ömer Hızıroğlu is an active member of Licensing Executives Society International (LESI) where he is a vice-president and a member of the Board of Directors.

Ömer Hızıroğlu is the author of numerous papers on intellectual property, licensing university technology transfer. He is a regular speaker on national and international conferences, training events and workshops on intellectual property law and licensing. Ömer Hızıroğlu is an adjunct faculty member at Yeditepe University Faculty of law and teaches Intellectual Property and Licensing courses.

BTS & Partners:

BTS & Partners was founded by Attn. Ruşen Türkekul in the 1950s under the name ‘Türkekul Law Office’. When Attn Erdem Türkekul joined the firm in the early 1990s, the focus of the practice was directed into intellectual property rights.

By the beginning of the millienium, when Attn Yasin Beceni joined the team, Türkekul Law Office had become a well-established legal practice specialising in intellectual property rights (IPR), entertainment, media, performing arts and cinema industries.

Attn Yasin Beceni spearheaded the firm’s expansion into information and communication technologies (ICT). The firm reinforced its team with the addition of Attn Tuğrul Sevim in the mid-2000s, and continued to focus its practice on technology.

In 2010, the firm went through a period of transformation. Erdem Türkekul left the firm and continued his private practice under the name of Türkekul Law Office. Yasin Beceni and Tuğrul Sevim began rendering their services under the name of Beceni Türkekul Sevim Attorney Partnership (BTS & Partners).

BTS & Partners continues to cooperate with Erdem Türkekul as a cooperative partnership, in which Mr Türkekul’s expertise and experience in the field of IPR guides BTS & Partners’ practice in this field.

Having expanded its capacity with the addition of a further 12 attorneys, the highly academic and specialised staff has led BTS & Partners to become one of the market leading legal boutique services in the Turkish ICT sector.