Evan Brown (p) 630.362.7237 (e) ebrown@infolawgroup.com
Evan Brown is Senior Counsel with InfoLawGroup and helps businesses and individuals understand, protect, and enforce their interests in the digital context. His practice covers a wide range of issues relating to content and technology development, intellectual property protection, licensing, social media, and online services.
Evan negotiates and drafts agreements for cloud-based technology vendors and purchasers of those services, helps online platforms comply with the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (Section 230), clears proposed domain names and trademarks for adoption and registration, and assists content creators and distributors in managing the copyright and other intellectual property risks associated with remix culture.
His litigation practice in federal and state court enforces and defends clients’ rights in copyright and trademark infringement disputes, breach of contract actions, and situations involving unauthorized access to computer systems and communications. Evan has successfully handled numerous domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP). He has resolved many matters involving the unmasking of online participants, both on the side of the Doe defendant, and the party seeking redress from the anonymous actor.
Evan writes the popular internetcases blog (named to the ABA Blawg 100 list in 2011), and is a co-host of TWiT Networks This WEEK in LAW, a weekly netcast that dives deep into emerging topics and trends in technology law.
He is a frequent public speaker on issues involving the law and technology, and is often called upon to provide legal commentary to various press outlets (e.g., Ars Technica, Wired Magazine, Chicago Tribune, Huffington Post) and to various media (e.g., CNN, FOX, ABC, CBS, BBC). Evan is a past chair of the Chicago Bar Association’s Cyberlaw and Data Privacy Committee.
Before joining InfoLawGroup, Evan practiced as an intellectual property associate with Hinshaw & Culbertson in Chicago. Prior to Hinshaw, Evan worked with the Chicago firm Davis McGrath, handling trademark prosecution, copyright infringement, and intellectual property licensing matters.
Education
A.B., Wabash College, 1997. Philosophy major, biology minor.
J.D., University of Denver Sturm College of Law, 2000.
Recent Press and Media
Co-host of This WEEK in LAW weekly netcast. [Video Archive]
“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]
Live radio appearance on Minnesota Public Radio’s “Midmorning”: “The intersection of social networking and the workplace,” November 15, 2010 [Link to Audio]
Live appearance on CNN discussing Craigslist’s decision to remove adult services section, September 4, 2010. [Link to video]
Live appearance on Fox News Chicago’s morning news program discussing online defamation and anonymity, September 2, 2010.
Video interview Of Record Chicago, discussing intellectual property and technology legal practice, July 11, 2010. [Link to video]
“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).
“Block That Tweet” CNN.com, August 18, 2009 (panelist on CNN.com’s “Blogger Bunch” discussing policy against social media use at sporting events). [Link to Video]
Live radio appearance on Chicago Public Radio WBEZ, August 11, 2009, discussing legal issues concerning increased use of social media tools.
“$50,000 tweet?” CNN.com, July 30, 2009 (interviewed live on CNN.com about defamation lawsuit filed against Twitter user). [Link to Video]
“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).
On camera appearance on ABC World News Tonight, March 5, 2009 (commenting on nuisance lawsuit brought against Craigslist for allegedly facilitating prostitution). [Link to Video]
“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).
Recent Speaking Engagements
“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 Associations Law Practice & Technology Committee, Chicago, Illinois, January 23, 2009.
Recent Articles and Publications
Author and publisher of internetcases, a 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 Publishings 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,” eDiscovery 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.
