Justin Klein is a partner in Ice Miller’s Litigation Practice Group.
 
Justin acts as a strategic legal advisor to established and emerging companies in the insurance, life sciences, financial technology and sports and entertainment sectors. He also acts as a legal advisor to family offices and angel investors. Justin’s practice is diverse, expansive and global. He advises a big molecule pharmaceutical company with its efforts to bring a pipeline of biologic drugs to market globally. Justin also advises sports venues, an NBA team, investors and promoters, nationally and internationally, on sports-related issues. He represented a private equity consortium bidding on the multi-billion-dollar acquisition of the Ultimate Fighting Championship® (UFC®) – one of the largest transactions in history for a sports organization. He has also been involved in advising clients in blockchain-related investment and employment matters and has advised numerous founders and executives who are exiting companies, negotiating executive employment contracts and forming new entities and raising capital.

Justin represents clients in commercial, insurance and intellectual property litigation throughout the United States. He secured a groundbreaking digital fair use victory in the United States District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit on behalf of a client defending against a claim for copyright infringement challenging its plagiarism detection service. Justin has also pursued and defended claims on behalf of clients under the Computer Fraud and Abuse Act.
 
Prior to joining Ice Miller, Justin was a partner at two other New York City law firms. Justin also clerked for the Honorable Judge Mary Ellen Coster Williams of the United States Court of Federal Claims in Washington, D.C.
 
Outside of the office, Justin enjoys spending time with his wife, three children and black pug, Oscar.
 
Reported and Representative Cases
  • Dillon v. West Pub. Corp. et al.,——Fed.Appx.——, 2014 WL 212357 (9th Cir. 2014)
  • Bagg v. HighBeam Research, Inc. et al., 2013 WL 3466846, (N.D. Ill. July 10, 2013)
  • Villa San Clemente, LLC v. Thomson Reuters (Tax & Accounting) Inc. et al., Memorandum Decision (Sup. Ct., N.Y. County Aug. 17, 2012)
  • Dillon v. West Publishing Corporation et al., 2012 WL 2131936 (D. Nev. June 12, 2012)
  • Bagg v. HighBeam Research, Inc. et al., 2012 WL 1940231 (D. Mass. May 17, 2012)
  • Ipreo Holdings LLC v. Thomson Reuters Corp., Reuters America LLC et al., 2011 WL 855872 (S.D.N.Y. Mar. 8, 2011)
  • Dillon v. West Pub. Corp. et al., 409 Fed.Appx. 152 (9th Cir. 2011)
  • Triano v. Gannett Satellite Information Network, Inc., 2010 WL 3932334, (S.D.N.Y. September 29, 2010), appeal dismissed, (2d Cir. Dec. 1, 2010)
  • Christen v. Iparadigms, LLC, No. 10-620, 2010 WL 3063137 (E.D.Va. Aug. 4, 2010)
  • Industrial Quick Search, Inc., et al. v. Terryn, 2010 WL 481057 (Mich. Ct. App. Feb. 11, 2010) appeal denied, 2010 WL 2795386 (Mich. July 15, 2010)
  • A.V. ex rel. Vanderhye v. iParadigms, LLC, 562 F.3d 630 (4th Cir. 2009)
  • Hypergraphics Press, Inc. v. Cengage Learning, Inc., Slip Copy, 2009 WL 972823 (N.D. Ill. 2009)
  • A.V. v. iParadigms, LLC, 544 F.Supp.2d 473 (E.D. Va. 2008)
  • Brandt v. MIT Development Corp., 552 F.Supp.2d 304 (D. Conn. 2008)
  • MMZ Associates, Inc. v. Gelco Corp., Slip Copy, 2006 WL 3531429 (S.D.N.Y. 2006)
Selected Experience
  • Successfully defended publicly traded company in three-week jury trial against claims seeking in excess of 50 million dollars in the Commercial Division of the Supreme Court of New York .
  • Represented the Association of Boxing Commissions in connection with communication to Governor Andrew Cuomo, New York Attorney General Eric T. Schneiderman and other New York political leaders concerning safety risks presented by New York’s law banning combative sports.
  • Represented iParadigms, LLC in copyright infringement litigation challenging digital plagiarism detection technology copying and storing student submissions. Secured fair use victories in the United States District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit.
  • Represented publishing company pursuing copyright infringement claim against competitor for stealing intellectual property
  • Pursued claim under the Computer Fraud and Abuse Act in connection with unlawful access to client website using unauthorized usernames and passwords.
  • Defended Computer Fraud and Abuse Act and Stored Communication Act claims relating to allegations of theft of intellectual property from a competitor website.
  • Represented clients in pursuing takedown of infringing material on competitor websites under the Digital Millennium Copyright Act.
News
Published In
  • “Court Dismisses Libel Claim Over Erroneous Newspaper Headline: Headline Should Not Be Read in Isolation,” Media Law Resource Center, Media Law Letter, October 2010
  • “Fourth Circuit Affirms Summary Judgment for Plagiarism Detection Service: Digital Database a Fair Use; Important Implications for New Media,” Media Law Resource Center, Media Law Letter, May 2009
Speaking Engagements
  • Panelist at the 43rd Annual Sports Lawyers Association Conference in Denver, Colorado, May 2017
  • Panelist on New York City Bar Association panel concerning legislative efforts to legalize mixed martial arts in New York with, inter alia, New York State Senator Liz Kruger
  • “The Fight for Fair Treatment in Mixed Martial Arts,” panel speaker on continuing legal education panel at Seton Hall Law School, Entertainment and Sports Law Society
  • Moderator of panel at the 2011 and 2012 Mixed Martial Arts World Expo at the Jacob Javits Center with, among others, New York State Senator (now United States Congressman) Lee Zeldin
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