Ashlie Beringer is a litigation partner in the Palo Alto office of Gibson, Dunn & Crutcher.

Ms. Beringer’s practice focuses on intellectual property litigation, consumer law and class actions, and complex commercial litigation, with particular expertise representing clients in the new media, Internet, advertising, communications and entertainment industries.  She has successfully represented clients throughout the country in complex patent, copyright, trademark and trade secrets disputes, including several significant disputes involving digital technologies, communications platforms, and Internet advertising and e-commerce networks.  In addition, Ms. Beringer has extensive experience defending companies in consumer actions and governmental investigations arising under federal and state false advertising laws, the CAN-SPAM Act, FTC Act, Cal. Bus. & Prof. Code § 17200 and numerous state statutes regulating commercial e-mail practices.  Ms. Beringer also has significant experience in the prosecution and defense of commercial contracts and business tort actions.

Ms. Beringer was named a national "Rising Star" by Law360, which identified her as one of 10 intellectual property lawyers under 40 to watch in 2010. Her practice was featured on WSJ.com in “Ashlie Beringer’s Not-So-Long Strange Trip”. She was also one of Denver’s “Forty Under Forty” business leaders in 2008. 

Ms. Beringer taught Entertainment Law as an Adjunct Professor at the University of Denver College of Law.  She lectures frequently on topics relating to digital rights protection, marketing and communications, and Internet technologies, and has been featured at national conferences on topics such as “Internet Advertising and Trademark Protection,” “Corporate Communications in a Digital Age,” “My Space, Facebook and the User Generated Content Revolution,” and “Protecting Trade Secrets in a Digital Age.”

Ms. Beringer earned her J.D. in 1996 from Yale Law School, where she was an Editor of the Yale Law Journal and winner of Yale Law School’s Mock Trial Competition.  She earned her BA from the University of California, Los Angeles, summa cum laude, in 1992.  She was a law clerk for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado in 1996-97.

Ms. Beringer is admitted to practice in the states of California, New York and Colorado.

Consumer Litigation and Class Actions

• Hypertouch, Inc. v. ValueClick, Inc.: Obtained dismissal of claims by ISP asserting $45 million in statutory damages for alleged violations of California Business & Professions Code §§ 17529.5 and 17200.  Court granted summary judgment on grounds that ISP's claims that ValueClick advertised in 45,000 commercial e-mails alleged to contain "falsified, misrepresented, or forged" header information were preempted by the federal CAN-SPAM Act. This significant ruling was the first by a California court to consider the impact of the CAN-SPAM Act on claims under Section 17529.5 and other California statutes.

• Carrier v. Commission Junction, Inc.:  Defended online affiliate marketing network in two consumer class actions alleging breach of contract, negligence and violations of California Bus. & Prof. Code § 17200, arising from alleged use of malicious spyware and software applications to hijack commissions earned on defendant's network.  Developed complex damages analysis that led to highly-favorable early settlement of both cases, prior to discovery.

• Swift v. Zynga, Inc. and Adknowledge, Inc:   Defending Adknowledge in nationwide class action alleging false advertising in connection with "free trial" offers accepted by plaintiff in exchange for virtual currency in Zynga's social networking games.

• Cheyfitz v. ValueClick:  Defended online advertising network against class action filed on behalf of putative class of Ohio recipients of unsolicited commercial email.  Case settled favorably before onset of discovery.

• Ferron v. VC E-Commerce Solutions:  Defended affiliate marketing networks against claims under Ohio Consumer Sales Practices Act based on alleged receipt of deceptive and unsolicited commercial email messages.   Obtained summary judgment in related case, resulting in favorable settlement.

• State Attorney General Civil Investigations:  Defended online marketing networks in investigations of unsolicited email and lead generation practices by state attorneys general.  Succeeded in avoiding complaints from issuing.

Patent and Trade Secrets Actions

•  Konami Digital Entertainment, Inc. v.  Viacom, Inc. and Harmonix Music Systems, Inc.:  Defended Viacom in patent litigation in E.D. Tx. asserting that the critically-acclaimed Rock Band video game series infringed a portfolio of patents covering beat matching game mechanics and technology.

• Wireless Agents v. T-Mobile USA, Danger and Sharp Corp.: Defense of patent and trade secrets cases in federal and state courts in Dallas relating to mobile hand-held communication technology and services.  Developed novel defense that resulted in extremely favorable settlement and dismissal of claims.

• Miken Composites v. Wilson Sporting Goods:  Defense of patent infringement claims concerning multi-wall softball bat configurations.  Obtained summary judgment on behalf of Miken Composites, affirmed by Federal Circuit.

• Ronald A. Katz Technology Licensing v. Cablevision Systems, Inc.:  Defense of Cablevision in multi-defendant patent infringement case relating to call center processing and technology.  Succeeded in obtaining summary judgment of non-infringement and/or invalidity on all claims asserted by RAKTL, which was first summary judgment win for any of the dozens of defendants sued by RAKTL under this portfolio.

• MobiTV v. Skyward:  Represented leading provider of mobile television and radio platforms in action for patent infringement, copyright infringement and trade secrets misappropriation involving mobile technology software and platform.  Obtained highly favorable settlement before commencement of discovery.

• ValueClick v. Blue Lithium: Prosecution of trade secrets misappropriation case against Internet advertising company.  Obtained temporary restraining order against the defendants and extremely favorable settlement.

Copyright, Trademark and Right of Publicity Actions

• Grateful Dead Productions, Inc. et al. v. Sagan:  Represented performers and record companies (including Grateful Dead, Led Zeppelin, The Doors, Carlos Santana, and Sony Music Entertainment) in case asserting trademark infringement, violation of right of publicity and copyright infringement in connection with defendants' acquisition of Bill Graham archives and operation of Wolfgang'sVault.com.

• Kakley v. Home Box Office: Defense of cable network and creator of television series “Six Feet Under” in copyright infringement action.  Obtained order denying plaintiff’s request for a preliminary injunction following an evidentiary hearing.

• DSW v. Zappos.com and Commission Junction, Inc.: Defense of affiliate marketing network in action asserting online infringement of DSW's trademarks.  Obtained extremely favorable settlement following order dismissing DSW's claims for failure to state a claim for trademark infringement.

• Tomato Music Works v. EMI Music: Defense of EMI Music in a copyright and contract dispute concerning ownership of the Townes Van Zandt collection. 

• Current Communications Group v. Current Media:  Represented broadband over power line (BPL) provider in trademark infringement action in connection with launch of integrated television and Internet network.

Complex Commercial Litigation