I am a technology and intellectual property attorney and an adjunct professor in Chicago. In my legal practice I help businesses and individuals identify, avoid and solve problems concerning:
- copyright protection and enforcement
- technology development and service agreements
- trademark protection, maintenance and enforcement
- content licensing
- domain name disputes
- website terms of service
- privacy policies
- social media best practices
- new media production and licensing
- mobile application development
- online anonymity (especially involving BitTorrent)
- Digital Millennium Copyright Act (DMCA) compliance
Please feel free to contact me:
Phone: (630) 362-7237
If you are seeking legal representation, be sure to leave out any confidential information in your initial communication.
Full Resume and Bio:
Evan Brown is a Chicago attorney with a focus on intellectual property and technology law. He is a graduate of the University of Denver College of Law and received his bachelor’s degree in philosophy at Wabash College (Crawfordsville, Indiana). He is a frequent public speaker on issues relating to law and technology, and has published numerous articles on those topics. Evan is licensed to practice law in Illinois.
Much Shelist, P.C., Chicago – September 2014 to Present
Principal in the firm’s Intellectual Property & Technology group, representing businesses of all sizes in technology matters that include technology development agreements, hosted services agreements, software licensing and all related matters. Advises clients in connection with trademark clearance, prosecution and maintenance. Copyright practice focused on protection and enforcement, licensing, and compliance with the DMCA.
InfoLawGroup LLP, Chicago – December 2012 to September 2014
Helped businesses and individuals understand, protect, and enforce their interests in the digital context. Practice covered a wide range of issues relating to content and technology development, intellectual property protection, licensing, social media, and online services.
Hinshaw & Culbertson LLP, Chicago – January 2006 to December 2012
Handled both litigation and transactional matters involving high technology and intellectual property. Advised startups and established enterprises on issues relating to social media and the distribution of content over the Internet, with special emphasis on technology licensing and acquisition, website development, prepublication review, privacy, domain name issues and compliance with the DMCA. Assisted clients in development of document management policies. Substantial involvement in a variety of litigation matters, including motion practice, coordination of discovery and trial preparation. Member of firm’s Electronic Discovery Response Team, providing analysis and guidance in litigation matters involving the need for retention and disclosure of electronically stored information.
Davis McGrath LLC, Chicago – May 2002 to December 2005
Represented clients in intellectual property and information technology matters. Significant experience in trademark law, including all aspects of trademark clearance, registration, maintenance and licensing, as well as opposition proceedings before the Trademark Trial and Appeal Board. Collaborated with clients’ in-house counsel regarding trademark prosecution and litigation matters. Substantial involvement in trademark and copyright infringement actions in federal district court, namely, research, drafting of pleadings and motions, and conducting all phases of discovery, including taking and defending depositions.
Solo Practice, Denver, Colorado – May 2001 to May 2002
Represented clients in a range of litigation and transactional matters, including taking several cases through trial. Practice areas included contract disputes, software licensing, real estate and tort litigation, debt collection, and Internet-related legal issues.
Lexis-Nexis, Colorado Springs, Colorado – Attorney Editor – October 2000 to June 2001
Analyzed and reviewed new federal case law and drafted summaries of same for publication online as part of Lexis-Nexis Case Law Summaries Project. Led the development and production of employee newsletter for federal case law editors.
University of Denver College of Law – Denver , Colorado – JD, 2000
Online Editor of Denver Journal of International Law and Policy. Semifinalist in Hoffman Cup Moot Court Trial Competition. Served as vice-president of the Christian Legal Society, designed and developed the organization’s first website.
Wabash College – Crawfordsville, Indiana – BA, 1997
Philosophy major, biology minor. Varsity letter winner in swimming. Runner-up in Last Word Public Speaking Contest.
BAR ADMISSIONS AND PROFESSIONAL ACTIVITIES
Licensed to practice law in the State of Illinois and before the United States District Court for the Northern District of Illinois.
Active member of Chicago Bar Association, past chairman (2009) of Cyberlaw and Data Privacy Committee.
PRESS AND MEDIA
“You can sue someone who broke into your email, but you’d better find proof fast,” ABA Journal, January 2016 (quoted on topic of electronic discovery and email hacking).
“Piracy or baiting? The thorny legal question of Game Dev Tycoon’s honeypot,” Ars Technica, May 1, 2013 (quoted on topic of implied copyright license in P2P file sharing context).
“How to protect yourself against cybersquatting,” FOX Live, April 4, 2013 (live video interview on domain name disputes). [Link to video]
“Anonymous Yelp Review Counts as Evidence,” Wall Street Journal Law Blog, February 26, 2013 (quoted on topic of social media being used as evidence in civil litigation).
“President Obama cracks whip on cybercrime,” CNN.com, February 13, 2013 (quoted on topic of private sector industry’s interest in cybersecurity framework).
“Use Photos in Advertisements? Take These Steps to Avoid a Lawsuit,” Entrepreneur.com, December 17, 2012 (quoted on topic of rights of publicity and copyright in photos used for advertisements).
“How a single DMCA notice took down 1.45 million education blogs,” Ars Technica, October 15, 2012 (quoted on topic of hosting provider’s apparent overreaching response to copyright owner’s notice under the Digital Millennium Copyright Act).
On camera appearance on CBS2 Chicago as part of investigative piece, discussing Yelp’s potential for liability arising from third party content, February 28, 2012. [Video]
Live radio appearance on Oregon Public Radio’s Listen Out Loud program, discussing privacy interests and the search of mobile devices, January 31, 2012. [Link to Audio]
On camera appearance on FOX Chicago as part of investigative piece, discussing potential for liability of operator of “revenge porn” site IsAnyoneUp.com, November 16, 2011. [Video]
“Email disclaimers generally not legally binding,” Chicago Tribune, August 26, 2011 (quoted on the topic of the enforceability of boilerplate language in the email signatures of attorneys and other professionals).
Radio appearance on BBC Radio 5 live, discussing potential liability for violation of UK “superinjunction” by Twitter users disclosing name of professional athlete, May 21, 2011.
Live appearance on Sky News (UK) discussing potential liability for violation of UK “superinjunction” by Twitter users disclosing name of professional athlete, May 21, 2011.
Live appearance on CNN’s Headline News (HLN) discussing social media content as evidence in the Casey Anthony trial, February 21, 2011. [Link to video]
On camera appearance on FOX Chicago as part of investigative piece, discussing defamation and other liability over negative online reviews of local plastic surgeon, November 15, 2010. [Video]
“Twit Happens: Tips To Overcome Legal Dangers With Video On Twitter,” video interview on REELSEO, October 19, 2010 [Link to video]
Live appearance on Fox News Chicago’s morning news program discussing online defamation and anonymity, September 2, 2010.
“Model vs. Google,” (panelist on CNN.com’s “Blogger Bunch” discussing court ruling ordering that anonymous blogger be identified, and subsequent potential litigation brought by identified blogger). [Link to Video]
“Cyber-Slimers Beware: Victims Eyeing Revenge After ‘Skank’ Ruling,” New York Post, August 23, 2009 (quoted on court ruling ordering that anonymous blogger be identified).
Live radio appearance on Chicago Public Radio WBEZ, August 11, 2009, discussing legal issues concerning increased use of social media tools.
“Twitter Lawsuit Could Hold Up: Lawyer,” Huffington Post, July 29, 2009 (quoted on topic of defamation lawsuit filed against Twitter user).
“140 ways to leave to leave your landlord: Chicago’s first Twitter-based lawsuit anything but frivolous,” A.V. Chicago, July 28, 2009 (quoted on topic of defamation lawsuit filed against Twitter user).
Live radio appearance on Baltimore’s 88.1 FM WYPR Maryland Morning program, discussing anonymity and the First Amendment, May 8, 2009 [Link to Audio]
“Targeted social media can be valuable work tools,” Chicago Tribune, April 9, 2009 (quoted on use of social networking sites by attorneys for business development).
“Pondering the reality of a virtual world,” Chicago Lawyer, March 2009 (quoted on the topic of legal issues surrounding online virtual worlds like Second Life) .
“A Doctor’s Blog Should Do No Harm,” Wired Magazine, Issue 15:11, November 2007 (quoted on potential for liability for dispensing professional advice online).
“Model train software spat threatens future of open source,” The Register, August 24, 2007 (quoted on topic of recent case interpreting open source license).
“Companies may need to rethink changing customer contracts online,” ComputerWorld, August 15, 2007 (quoted on topic of enforceability of amended online terms of service).
“Blog Watch: Chicago,” CBA Record, May 2007 (mention of Internet Cases blog as among top results for Google search of “Chicago lawyer blog”).
“You Got Cyber-Served,” Redeye, May 31, 2007 (quoted on the topic of privacy issues related to websites allowing users to post license plate numbers of bad drivers).
“Wireless Internet: The next frontier,” The Union Democrat, Calaveras County, California, April 13, 2007 (quoted on the topic of potential liability for wireless hotspot operators).
“Tracking the Legalities of YouTube, Google, Bloggers and Perez Hilton,” BusinessPOV.com (video interview), March 2, 2007.
“MySpace Headed for Murky Legal Ground,” InfoWorld, January 19, 2007 (quoted on topic of potential premises liability for assaults committed by users of social networking site).
“Lawyers Face Right to Blog,” Chicago Tribune, November 7, 2006 (quoted on topic of the applicability of attorney advertising rules to law-related blogs).
“Smart companies go online to confront anonymous defamers,” Inside Counsel, October 2006 (quoted on the topic of procedures used to unmask the identities of anonymous Internet users).
“What’s Next, Blogger,” CBA Record, September 2006 (quoted on topic of law-related podcasting).
“Law-related blogging starting to see a coming of age,” Chicago Lawyer, August 2006 (quoted on topic of benefits of writing a law-related blog).
“Lost in Cyberspace,” Echo Magazine, Summer/Fall 2006 (quoted on topic of copyright protection for works published online).
“A Selection of Chicago and Illinois Law Blogs,” CBA Record, April 2006 (mention of Internet Cases weblog).
“Company Seeks E-Mail Snoopers,” Los Angeles Daily Journal, March 10, 2006 (quoted on the topic of e-mail privacy in the workplace).
“Internet provides rich ground for evolving IP law,” Chicago Lawyer, October 2005 (quoted on the topic of Google’s potential liability in high-profile copyright and trademark cases).
“Dear diary: today I got a BIG client online,” Chicago Daily Law Bulletin, July 13, 2005 (quoted on the topic of the benefits of writing a law-related blog).
“The Evolving Role of Social Media in Litigation,” presentation at Defense Counsel Seminar hosted by OMSNIC and Fortress Insurance, Chicago, July 13, 2012.
“Social Media as Evidence,” presentation to South Suburban Bar Association, Orland Park, Illinois, February 29, 2012.
“Trade Associations: Managing Internet and Intellectual Property Issues,” presentation to the Chicago Bar Association Trade Associations Committee, February 14, 2012.
“Social Media in the Professional Ecosystem,” presentation at seminar hosted by OMSNIC and Fortress insurance, February 2011.
“Necessary Legal and Accounting,” panel discussion at TECH cocktail’s Startup Mixology conference, Chicago, October 28, 2010 [Video]
“The Legal Labyrinth of Social Media,” presentation to the Western Suburban (Chicago) Bar Association, LaGrange, Illinois, October 18, 2010.
“Network Neutrality Update,” Chicago Bar Association, May 18, 2010.
“Social Media in the Healthcare Industry,” meeting of the Illinois Association of Healthcare Attorneys, Chicago, April 21, 2010.
“Social Media for Lawyers,” continuing legal education event at Wabash College, Crawfordsville, Indiana, September 25, 2009.
“Using Social Media to Market One’s Law Practice,” Chicago Bar Association, March 28, 2009.
“Legal Issues Concerning School Districts’ Use of Social Media,” Illinois Chapter of the National School Public Relations Association (INSPRA), Downers Grove, Illinois, March 20, 2009.
“Open Source Software – Traditional Copyright in Innovative Models,” 53rd Annual Intellectual Property Law Conference, John Marshall Law School, Chicago, Illinois, February 28, 2009.
“Fundamentals of Copyright Law,” guest lecturer, DePaul University College of Computing and Digital Media, Chicago, Illinois, February 9, 2009.
“Five Reasons for Lawyers to Use Social Media,” afternoon seminar, Chicago Bar Association’s Law Practice & Technology Committee, Chicago, Illinois, January 23, 2009.
“A Discussion of Lenz v. Universal — Fair Use’s Role in the DMCA Takedown Process,” Chicago Bar Association Cyberlaw and Data Privacy Committee meeting, December 16, 2008.
“Blog Now, Pay Later – Legal Issues Concerning Social Networking Sites,” Illinois Association of School Boards, Annual Conference, Chicago, Illinois, November 21, 2008.
“Irreparable Harm in the Context of Open Source Infringement Litigation,” Chicago-Kent College of Law Intellectual Property Law Society, Chicago, Illinois, November 13, 2008.
“Copyright 101,” Defense Research Institute (DRI) Commercial Litigation Committee webconference on intellectual property law, Chicago, Illinois, August 8, 2008.
Member of panel addressing “Starting Up: What’s the deal with legal and accounting?” TECH cocktail CONFERENCE, Chicago, May 29, 2008.
“Intellectual Property 101: Trademark Law,” LexisNexis CLE program for Harpo Productions, Inc., Chicago, May 8, 2008.
Member of panel addressing “Intellectual Property in a New Media World,” at a meeting of Chicago Women in Publishing, Chicago, April 16, 2008.
“Podcasting for Lawyers,” Chicago Bar Association, March 12, 2008.
“Copyright for the Congregation,” Workshop as part of Congregational Resource Event, Evangelical Lutheran Church of America, Malta, Illinois, March 8, 2008.
“Content Licensing: Some Modern Issues,” LexisNexis teleseminar, January 17, 2008.
“Some Ediscovery Vignettes,” Chicago-Lincoln Inn of Court, January 8, 2008.
“Rights and Ownership on the Modern Web,” LexisNexis CLE program for Harpo Productions, Inc., Chicago, Illinois, September 25, 2007.
“Online User Generated Video: Copyright Issues,” John Marshall Law School’s 51st Anniversary Conference on Intellectual Property Law, Chicago, Illinois, February 23, 2007.
“Tortious Web Postings, Who’s Responsible?,” Chicago Bar Association, Chicago, Illinois, December 19, 2006.
“The YouTube Copyright Controversy,” Loyola University Chicago School of Law, November 2, 2006.
“Liability Issues Arising from Blogs as a Publishing Medium,” Law Seminars International conference, “Blog Law: Legal Issues, Liabilities and New Opportunities,” New York, New York, November 16, 2006.
“Blogging Liability: Legal Issues to Watch for Online,” Second Chicago Blogger Meet-Up, Chicago, Illinois, September 16, 2006.
“Podcasting: Legal Issues,” Phi Beta Kappa Association of the Chicagoland Area, Chicago, Illinois, September 10, 2006.
“Blogging and Defamation,” Law Seminars International’s “Blog Law & Blogging for Lawyers: New Legal Issues and New Opportunities” conference, San Francisco, California, April 19, 2006.
“Constitutional Issues at the Intersection of Law and Technology,” Chicago-Lincoln Inn of Court, Chicago, Illinois, March 21, 2006.
“Intellectual Property Issues Related to Blogging,” Young Lawyers Section of the Intellectual Property Committee of the Chicago Bar Association, Chicago, Illinois, March 1, 2006.
“Google Book Search and Fair Use,” panel discussion, The John Marshall Law School, Chicago, Illinois, November 28, 2005.
“Basic Issues of Copyright Law,” Illinois professional engineers seminar, HalfMoon Seminars, Wheaton, Illinois, September 15, 2005.
ARTICLES AND PUBLICATIONS
Author and publisher of Internet Cases, a weblog (”blog”) tracking current developments in Internet and technology law, and which receives more than 4,000 unique visitors each month. The site has been featured on Slashdot, Techmeme, Techdirt and LifeHacker, among others.
Monthly contributor to Aspen Publishing’s Journal of Internet Law, providing summaries and analysis of recent case law developments pertaining to law and technology.
“Copyright on the Semantic Web: Divergence of Author and Work,” 19 Widener Law Journal 843 (2010)
“Do Not Let the Convenience of Email Destroy the Attorney-Client Privilege,” E-Discovery column, IDC Quarterly, Second Quarter 2009.
“Schools and Social Media: First Amendment Issues Arising from Student Use of Social Media,” co-author, Intellectual Property & Technology Law Journal, Aspen Publishers, April 2009.
“Online Copyright Infringement Presents Special Issues,” The Brief, a publication of the DuPage County Bar Association, October 2008.
“Legal Talk Radio on Demand: Podcasting for Lawyers – Past, Present and Future,” American Bar Association’s Law Practice Today (contributor to roundtable article), September 2007
“Immunity Under the Communications Decency Act: Effective Defense Tool for Internet-based Tort Claims,” The Business Suit, March 2007.
“The Letter of the Law Part II: Copyright Protection for your Projects,” Creative Techniques Magazine, Winter 2006.
“Secondary Liability for Hotspot Operators,” Journal of Internet Law, September 2006.
“Summary Judgment Denied in a Case of Creative Typosquatting,” CircleID, September 6, 2006.
“The Letter of the Law Part I: Copyright Protection for your Projects,” Creative Techniques Magazine, Fall 2006.
“In Rem Domain Name Proceeding: Sometimes ‘may’ Means ‘must’,” CircleID, July 27, 2006.
“Macabre Result Avoided in Mortician Domain Name Case,” CircleID, June 21, 2006.
“Trademark Law Can Protect Your Podcast’s Name,” ID3 Podcast Magazine, April 2006.