Peter D. Kennedy

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DIRECT PHONE: 512.480.5764

DIRECT FAX: 512.536.9908

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Pete Kennedy practices at the intersection of law and confusing technologies, communications, intellectual belongings and ramble limits on governmental regulation. He first earned national attention in 1993 equally lead trial lawyer for Austin-based Steve Jackson Games in a lawsuit against the United States Underground Service that helped establish limits on searches and seizures of email. He has represented an array of clients in a wide variety of industries and matters, from complex commercial disputes to matters involving engineering, intellectual property, publishing, free oral communication and constitutional law. Pete has developed a unique specialty advising and representing companies and individuals accused of the unauthorized practice of law.

Pete is Board Certified in Ceremonious Appellate Law past the Texas Board of Legal Specialization. He handles appeals in country and federal courts in Texas and around the state. Pete obtained reversals of substantial jury verdicts against libel defendants in 2 recent pro bono cases before the Texas Supreme Court. Burbage v. Burbage, – 447 S.W.3d 249 (Tex. 2014); Salinas 5. Salinas, 365 South.W.3d 318 (Tex. 2012) (per curiam).

Nature of Practise:

  • Civil Litigation in land and federal trial and appellate courts
  • Internet and communications risk cess, counseling and litigation
  • Copyright, trademark, trade secret and intellectual belongings protection, enforcement and litigation
  • Libel defence force, defamation, concern disparagement, invasion of privacy, media police
  • Constitutional litigation, including First Amendment free oral communication, commercial speech and advertising, religion, taxation and ceremonious rights claims
  • Unauthorized practice of police, professional regulation and legal ethics

Professional person QUALIFICATIONS

  • Admitted to the bar, 1988, Texas
  • Lath Certified in Ceremonious Appellate Law by the Texas Lath of Legal Specialization

Courtroom Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth, Sixth and 7th Circuits
  • U.S. District Courtroom for the Western, Northern, Eastern and Southern District of Texas

Education

  • Southwestern University (B.A. magna cum laude, 1985)
  • University of Chicago Schoolhouse of Law (J.D., 1988)
    • Acquaintance Editor, Academy of Chicago Law Review
    • Member, Mandel Legal Aid Dispensary

Experience

  • Law Clerk, Thomas A. Fairchild, Senior Judge, U.S. Courtroom of Appeals for the Seventh Circuit, 1988-1990
  • Adjunct Professor, Academy of Texas School of Police, 1999-2002, Free Speech and the Internet

REPRESENTATIVE MATTERS

  • Wrongful decease/catastrophic injury:  Obtained and defended on appeal summary dismissals of multiple wrongful decease and personal injury lawsuits filed in federal, state, and probate court arising from mass casualty event at music festival. Smit v. SXSW Holdings Inc., 903 F.3d 522 (5thursday Cir. 2018); Nguyen five. SXSW Holdings, Inc., 580 Southward.W.3d 774 (Tex. App. – Austin 2019, pet. denied).
  • Personal injury:  Obtained and defended on appeal injury claim against festival organizer arising from falling photographic camera during live concert. Fagerberg v. Steve Madden, Ltd., No 3-33-00286-CV, 2015 WL 4076978 (Tex. App. – Austin July 3, 2015, pet. denied).
  • Commercial Litigation: obtained favorable jury verdict for claim confronting seller of community hospital
  • Trademark: Won federal court jury trial for Texas bourbon distillery, defeating infringement claim and obtaining a finding that opponent'south trademark was abased. Allied Lomar, Inc. v. Alone Star Distillery, LLC, 2017 WL 1187949 (W.D. Tex. March 28, 2017)), aff'd, 2018 WL 3486835 (vthursday Cir. July 18, 2018).
  • Reckoner privacy and internet litigation: Defended anonymity of employees who posted online reviews from legal proceeding seeking to reveal their identities. Glassdoor, Inc. 5. Andra Group, LP, 575 South.West.3d 523 (Tex. 2019). Represented operators and users of computer systems in lawsuits against authorities officials for unauthorized computer seizures. Guest v. Leis, 225 F.3d 325 (sixth Cir. 2001); Steve Jackson Games, Inc. v. United States Surreptitious Service, 816 F. Supp. 432 (Due west.D. Tex. 1993), aff'd, 36 F.3d 457 (5th Cir. 1994).
  • Spyware: Represented ex-employee in lawsuit against former employer for clandestine installation of calculator spyware and use of intercepted electronic communications.
  • Copyright: Represented a variety of national, regional and local clients in prosecuting and defending claims of copyright infringement.
  • Libel/media defence: Represented local, regional and national print and broadcast companies in the defense force of libel, business disparagement, invasion of privacy, incitement and related claims. Assists impress and electronic publishers of all kinds in liability gamble assessment and prepublication review.
  • Anti-SLAPP: Won dismissal of libel lawsuit brought by City Councilmember-elect against online investigative journalism project, with honour of fees and sanctions.
  • Commercial spoken communication: Represented arts and crafts brewery, benefactor and retailer in successful challenge to restrictive beer advertizement and labeling laws. Authentic Potable Co. 5. Texas Alcoholic Beverage Committee, 835 F. Supp.2d 227 (Due west.D. Tex. 2011).
  • Open records/open government: Assists companies in protecting trade secrets from disclosure under the FOIA and the Texas Public Data Act. Represented legal self-aid publisher in original action before Texas Supreme Courtroom resulting in the opening to public scrutiny operations of the Texas Unauthorized Do of Law Commission. Nolo Press v. Unauthorized Practice of Constabulary Commission, 991 S.W.second 768 (Tex. 1999).
  • Unauthorized practice of law: Represents national and local companies and individuals in investigations and litigation involving allegations of the unauthorized practice of police force, take a chance mitigation and related regulatory issues.
  • Class deportment: Defeated effort to certify national form activity in lawsuit against online retailer. Solotko five. Legalzoom.com, Inc., 2013 WL 3724770 (Tex. App. – Austin, July 11, 2013, pet. denied).
  • Mediation: Enforced consumer arbitration agreements on behalf of online retailer and computer manufacturer. Legalzoom.com, Inc. 5. McIllwain, 2013 Ark. 370 (Ark. 2013); Smith v. Gateway, Inc., 2002 WL 1728615 (Tex. App. – Austin 2002, no pet.).
  • Religious freedom: Secured religious tax exemption for nontheistic religious congregation. Strayhorn v. Upstanding Society of Austin, 110 S.W.3d 458, (Tex. App. – Austin 2003, pet. denied).
  • Merchandise hush-hush litigation: Represented internet banking concern alleging theft of trade secrets and unauthorized admission to figurer network; Represented estimator bit equipment manufacturer in merchandise secret theft adapt against parts fabricator.

PROFESSIONAL AFFILIATIONS

  • Fellow member, American Bar Clan, Austin Bar Clan, Fifth Circuit Bar Clan.
  • Board of Councilors, Texas Civil Rights Projection.
  • Co-Chair, ABA Subcommittee on Interactive Services, 1996-1997.

AWARDS AND HONORS

  • Listed in The Best Lawyers in America® published past Woodward/White, Inc.:
    • Litigation – First Subpoena (2005 – 2021)
    • Litigation – Intellectual Property (2011 – 2021)
    • Commercial Litigation (2009 – 2021)
    • Austin First Amendment Litigation Lawyer of the Twelvemonth (2017)
  • AV® Preeminent™ Peer Review Rating, Martindale.com

PUBLICATIONS AND PRESENTATIONS

  • "A Xx-First Century Encounter with Prohibition: The First Subpoena Meets Texas' Arcane Alcohol Advertising Laws," Journal of the Texas Supreme Court Historical Society, Spring 2017
  • "Third-Party Online Content," Association of Alternative Newsmedia Conference, July 2016
  • "Market Disruption by Sharing Economy Business Models," ABA Real Belongings, Trust and Estate Law Section Bound Symposia, May 2016
  • "State Bar Exposure to Antitrust Liability," ABA Antitrust Police Section Leap Coming together, April 2016
  • "Ramble Limits to State Police Take-Downward Remedies for Online Spoken communication," Harris County (Texas) Judicial Conference, May 2015
  • "It's V O'Clock Somewhere: The New World of Alcohol," Academy of Texas Land Apply Briefing, March 2014
  • "Speecheasy: Can Tied House Rules Restricting Booze Ad Survive a First Amendment Challenge in the Age of Social Media" (panel), National Conference of Land Liquor Administrators, June 2013
  • "What Does That Language Mean?" Judicial and Litigator Perspectives on Engineering science License Drafting and Disputes" (panel), University of Texas Technology Law Conference, May 2012
  • "A Practical Guide for Corporate Counsel and Technology Lawyers on How to Answer to Requests for Information," Academy of Texas Applied science Law Briefing, May 2011.
  • "Advertising Law for Wineries," Wine Constabulary, Law Seminars International, Oct 2010
  • "Internet Libel – The Bearding Writer and the Online Publisher," 52 The Advocate, 59 (Autumn 2010).
  • "Digital Millennium Copyright Act Practice Guide," University of Texas Engineering Law Conference, May 2008
  • "The Reporter'south Privilege," Austin Bar Clan Bench-Bar Conference, May 2008
  • "Libel," State Bar of Texas, Causes of Activity, April 2008
  • "Cyber Torts," Academy of Texas Estimator and Technology Law Conference, June 2005
  • "Unauthorized Practise of Constabulary by Computer," Academy of Texas Computer and Technology Law Institute, May 2004
  • "Liability Risks for Police Firms," University of Texas Figurer Law Conference, May 2001
  • "Malpractice past Lack of Technical Expertise," University of Texas Computer Law Conference, May 2000
  • "Key Ethics, Professional Responsibility, and Malpractice Issues for Technology Lawyers," (panel), University of Texas Figurer Police Briefing,  May 1999
  • "Web Site Due Diligence," University of Texas Computer Law Conference, May 1998
  • "Electronic Discovery and Electronic Evidence," Travis County Bar Association, Technology and the Law Seminar, December 1997
  • "Communicating with Clients On-Line: Confidentiality, Privilege, and Authentication," University of Texas Computer Law Conference, May 1997
  • "Computers and the Schools: Some Legal Issues and Non-Issues," University of Texas School Police force Conference, March 1997
  • Lawyers On-Line: What are the Obligations and Risks? half-dozen Austin Lawyer 14 (Autumn 1997) with J. Roger Williams, Jr.
  • The Supreme Courtroom and Net:  Pending Challenges to the Communications Decency Act, Communications Lawyer, Vol. 14, No. 3 (Fall 1996)
  • Publishing on the Internet: Protections and Pitfalls, 4 Texas Intellectual Property Law Journal 33 (1995) with James A. Hemphill
  • Symposium: Get-go Amendment and the Media: Regulating Interactive Communications on the Information Superhighway, 5 Fordham Intellectual Property, Media & Entertainment Police force Periodical 279, 329 (1995)