
C. Andrew Keisner is an associate in the Intellectual Property and Litigation Practice Groups of Davis & Gilbert LLP. Mr. Keisner has extensive experience advising clients with contract and intellectual property matters in the advertising, marketing, public relations, interactive entertainment, and technology industries. He has represented clients in numerous federal and state courts, as well as in matters before arbitrators and administrative judges. Mr. Keisner has also represented clients in numerous federal and state appeals. He is typically involved with matters at an early stage and is often able to resolve disputes before a lawsuit is filed.
Mr. Keisner’s practice also includes handling intellectual property and indemnification provisions in agreements, as well as disputes concerning the enforceability of indemnification rights arising from a third party’s intellectual property claim.
Within the technology industry, Mr. Keisner counsels digital advertising, software, and robotics companies, as well as investors on a wide array of issues. Having worked on cutting-edge robotics technology before becoming a lawyer, he has an in-depth understanding of the unique issues that technology companies face.
Prior to joining Davis & Gilbert, Mr. Keisner was a litigation attorney at Paul, Weiss, Rifkind, Wharton & Garrison LLP where he focused on intellectual property litigation, and in particular, patent litigation. During his third year at Cornell Law School, Andrew worked for the United States Attorney’s Office in the Northern District of New York on a variety of criminal and civil matters, including securities fraud actions, qui tam actions, drug trafficking matters, and Bivens claims.
REPRESENTATIVE ENGAGEMENTS
- Representing a multi-national company in a false advertising investigation by a state attorney general and the Federal Trade Commission.
- Representing a media company in its securities fraud, breach of contract, and breach of fiduciary duty claims against the founders, directors, and venture capital investors of a start-up media company.
- Represented three advertising agencies in their defense of trade secret misappropriation and patent infringement claims relating to a method of plot-integrated advertising.
- Represented an advertising agency and media-planning firm in their defense of idea misappropriation and breach of implied contract claims relating to the submission of an idea that plaintiffs' alleged to be wrongfully incorporated into a web-based reality competition and advertising campaign.
- Represented an advertising agency in an arbitration hearing to recover outstanding debts from a departing executive.
- Represented an advertising agency and its financial services client in its defense against alleged violations of a well-known actress’ right of publicity.
SPEAKING ENGAGEMENTS
"Robotics and Intellectual Property," Incremental Advantage Webinar, March 2013
"Starting and Growing a Robotics Business," RoboBusiness Leadership Summit, October 2012
PUBLICATIONS
Co-Author, "Court Flags Historical Use of NFL Team’s Former Logo in Video Game as Infringing," D&G Intellectual Property Litigation Alert, December 2012
Co-Author, "Case Study: Forest Park Pictures V. Universal Television," IP Law360, July 9, 2012
Co-Author, "Bloggers May Not be Entitled to the 'Reporter's Privilege,'" D&G Litigation Newsletter, Winter 2012
Co-Author, "The Great US Patent Shakeup - How Will Changes To US Patent Law Affect The Videogame Industry?" Edge-Online.com, January 16, 2012
Co-Author, "Beware the Patent Trolls," WebsiteMagazine.com - Enterprise Ready, January 2012
Co-Author, "An Alarming Rise in Patent Infringement Claims," D&G Litigation Newsletter, Summer 2011
Co-Author, "Montz V. Pilgrim Films Revisited," IP Law360, June 9, 2011
Co-Author, "Implied Breach of Contract Claim: A Potential Trap for the Unwary," D&G Litigation Newsletter, Winter 2011
Co-Author, "The IP You See, And The IP You Don't," Law360, September 2, 2010
PRESS
Mentioned, Law360.com, "Horror Writer Targets Fox In 'Past Life' Script Fight," by Stewart Bishop, August 9, 2011
Mentioned, Law360.com, "Thompson Wigdor Sanctioned Over Attempt To Conceal," by Zach Winnick, May 31, 2011
Quoted, New York Law Journal, "Law Firm Is Sanctioned Over Client's Concealment in Bias Suit," by Mark Hamblett, May 27, 2011
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York State Bar Association
Westlaw, Litigation Advisory Board, 2010-2011
American Bar Association, Intellectual Property Litigation Committee
American Bar Association, Artificial Intelligence and Robotics Committee
RoboBusiness Leadership Summit, Advisory Council Member
BAR ADMISSIONS
New York
U.S. Patent and Trademark Office
U.S. District Court, Southern and Eastern Districts of New York
EDUCATION
Cornell University, J.D., 2008
Cornell University, B.S., 2005
REPRESENTATIVE ENGAGEMENTS
- Representing a multi-national company in a false advertising investigation by a state attorney general and the Federal Trade Commission.
- Representing a media company in its securities fraud, breach of contract, and breach of fiduciary duty claims against the founders, directors, and venture capital investors of a start-up media company.
- Represented three advertising agencies in their defense of trade secret misappropriation and patent infringement claims relating to a method of plot-integrated advertising.
- Represented an advertising agency and media-planning firm in their defense of idea misappropriation and breach of implied contract claims relating to the submission of an idea that plaintiffs' alleged to be wrongfully incorporated into a web-based reality competition and advertising campaign.
- Represented an advertising agency in an arbitration hearing to recover outstanding debts from a departing executive.
- Represented an advertising agency and its financial services client in its defense against alleged violations of a well-known actress’ right of publicity.
SPEAKING ENGAGEMENTS
"Robotics and Intellectual Property," Incremental Advantage Webinar, March 2013
"Starting and Growing a Robotics Business," RoboBusiness Leadership Summit, October 2012
PUBLICATIONS
Co-Author, "Court Flags Historical Use of NFL Team’s Former Logo in Video Game as Infringing," D&G Intellectual Property Litigation Alert, December 2012
Co-Author, "Case Study: Forest Park Pictures V. Universal Television," IP Law360, July 9, 2012
Co-Author, "Bloggers May Not be Entitled to the 'Reporter's Privilege,'" D&G Litigation Newsletter, Winter 2012
Co-Author, "The Great US Patent Shakeup - How Will Changes To US Patent Law Affect The Videogame Industry?" Edge-Online.com, January 16, 2012
Co-Author, "Beware the Patent Trolls," WebsiteMagazine.com - Enterprise Ready, January 2012
Co-Author, "An Alarming Rise in Patent Infringement Claims," D&G Litigation Newsletter, Summer 2011
Co-Author, "Montz V. Pilgrim Films Revisited," IP Law360, June 9, 2011
Co-Author, "Implied Breach of Contract Claim: A Potential Trap for the Unwary," D&G Litigation Newsletter, Winter 2011
Co-Author, "The IP You See, And The IP You Don't," Law360, September 2, 2010
PRESS
Mentioned, Law360.com, "Horror Writer Targets Fox In 'Past Life' Script Fight," by Stewart Bishop, August 9, 2011
Mentioned, Law360.com, "Thompson Wigdor Sanctioned Over Attempt To Conceal," by Zach Winnick, May 31, 2011
Quoted, New York Law Journal, "Law Firm Is Sanctioned Over Client's Concealment in Bias Suit," by Mark Hamblett, May 27, 2011
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York State Bar Association
Westlaw, Litigation Advisory Board, 2010-2011
American Bar Association, Intellectual Property Litigation Committee
American Bar Association, Artificial Intelligence and Robotics Committee
RoboBusiness Leadership Summit, Advisory Council Member
BAR ADMISSIONS
New York
U.S. Patent and Trademark Office
U.S. District Court, Southern and Eastern Districts of New York
EDUCATION
Cornell University, J.D., 2008
Cornell University, B.S., 2005
