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Howard S. Hogan

 
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Howard S. HoganHoward S. Hogan
Partner
T: +1 202.887.3640
F: +1 202.530.9550
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
USA

Howard S. Hogan is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is Co-Chair of the Fashion, Retail and Consumer Products group.   Over the course of his career, Mr. Hogan has handled numerous complex cases in a variety of federal and state courts in several different substantive areas including general commercial, securities and employment matters, and internal investigations. 

Mr. Hogan's practice focuses on intellectual property litigation and counseling, including trademark, copyright, patent, false advertising, right of publicity, licensing, and trade secret matters.  Mr. Hogan has represented various corporations and individuals in a broad range of industries, including financial services, sports, fashion, cosmetics, entertainment, transportation, pharmaceuticals, and online services.  A significant portion of Mr. Hogan's practice involves computer, Internet, and new media-related issues.  He has represented and counseled a wide variety of companies on these issues, whether they are Internet-focused companies or traditional brick–and–mortar companies.  Many of Mr. Hogan’s matters have tested the application of traditional legal principles to the Internet and new media, such as in connection with issues of Internet jurisdiction, online contracting, and the application of trademark and copyright law to search engines, social media, and online sales.  Mr. Hogan also regularly counsels clients in connection with the application of privacy law to online commercial activities and data breaches, and has assisted clients with several substantial trade secrets and information security matters. 

Representative Matters

  • Represent Gucci America, Inc., Balenciaga America, Inc., Tiffany & Co., and other luxury brands in a series of trademark infringement actions against operators of websites that sell counterfeit goods, resulting in awards of millions of dollars in damages and broad injunctive relief.  In 2009, Mr. Hogan and the Gibson Dunn team brought claims in the Southern District of New York against Woodforest National Bank and others for their role in processing credit card orders for counterfeits.  In June 2010, in a closely watched decision, the court denied the defendants’ motion to dismiss, finding that Gucci’s complaint sufficiently stated a contributory trademark liability claim.  More recently, in Gucci America, Inc. v. Li, a different court granted Gibson Dunn’s motion to compel the Bank of China to produce counterfeiters' bank records, despite claims that the documents were protected under Chinese law, and denied the Bank's cross-motion to relieve its obligation to freeze the counterfeiters' accounts.
  • Represented Capital One Financial Corporation in a lawsuit against John Kanas and John Bohlsen, the most senior officers of BankUnited, Inc., for violation of non-competition agreements that they had entered into in connection with the sale of North Fork Bank to Capital One in 2006 for $13.2 billion.  The case settled on favorable terms after Capital One prevailed in a number of discovery disputes, and after United States District Judge Liam O’Grady denied Defendants’ motion for summary judgment, concluding that the non-competition agreement at issue was enforceable as a matter of Virginia law.   Under the terms of the settlement agreement, Capital One received $20 million in cash, and Defendants agreed to additional non-monetary relief.
  • Represented American Airlines, Inc. in a cutting-edge and hard-fought trademark dispute with Google seeking broad injunctive relief and extensive damages concerning the use of American’s trademarks in Google’s search advertising programs.  After intense discovery battles, Gibson Dunn successfully argued to the Court that Google should be sanctioned by requiring Google to provide direct access to its extensive electronic databases so that American could show substantial trademark violations and extensive damages.  The case was settled pursuant to a confidential settlement agreement.  Gibson Dunn also represented American Airlines in a similar lawsuit against Yahoo alleging identical Lanham Act and common law claims, and Yahoo also settled on the eve of an evidentiary hearing concerning Yahoo’s alleged discovery misconduct.
  • Served as lead counsel for the University of Southern California in a case filed in the U.S. District Court for the District of Columbia by inventor Dennis Solomon asserting trademark, trade secrets, antitrust, and other claims.  In 2010, the Court of Appeals for the D.C. Circuit summarily affirmed the order of dismissal obtained in the District Court below.
  • Represented clients such as CIGNA Corp., Viacom, and Serono International, S.A. in defending patent claims pending in jurisdictions throughout the country (including the Central District of California and the Eastern District of Texas) in connection with a variety of pharmaceutical, communications, and electronic gaming technologies. 
  • Represented William O’Neil & Co. Incorporated in a copyright and trade dress lawsuit against its competitor FactSet Research Systems Inc. over promotional materials that were distributed at a national investor’s conference bearing striking similarities to O’Neil’s signature “DataGraph” investment informational product. 
  • Represented Metro Bank in trademark infringement action brought by Members 1st Federal Credit Union over allegedly similar M logos.  The case settled in March 2011, just weeks before trial, based on a dismissal of the claims without prejudice. 

Mr. Hogan is a frequent lecturer and writer on intellectual property and technology-related issues.  For example, Mr. Hogan is the co-author, with Gibson Dunn partner Lois Herzeca, of Fashion Law and Business: Brands and Retailers, a treatise published by the Practising Law Institute (2013).  Mr. Hogan is also co-author of the trademark and domain name chapters of the treatise, Intellectual Property Law in Cyberspace, published in 2011 by Bloomberg BNA in conjunction with the American Intellectual Property Law Association, and updated annually.  In recent years, he has presented webinars for the National Constitution Center on "Advanced Trademark Law:  Key Issues with Trade Dress & Unique Trademarks"; "Social Media & IP: Critical Issues in the Social Network Environment"; and "Domain Names: IP Management, Protection and Litigation Strategies."  Mr. Hogan has also been a speaker at the International Trademark Association annual meeting on "Competitor’s Use of Keyword Advertising and Search Engine Optimization"; the South by Southwest (SXSW) Interactive Conference in Austin, Texas on “Data Customization and Privacy – Can They Coexist,?” and at the annual conference of the American Bar Association Section of Intellectual Property Law on “Recent Developments in Survey Evidence.”  Mr. Hogan also speaks on issues relevant to news media and filmmakers such as copyright, defamation, and right of publicity issues including as a guest on NPR’s The Colin McEnroe Show.

Mr. Hogan devotes significant time to assisting not-for-profit organizations with different issues.  In 2008, the Meals on Wheels Association of America honored Mr. Hogan with its 'Friend of the Year Award' for his assistance to MOWAA’s efforts to end senior hunger, and Mr. Hogan has served on the Boards of Directors for the Meals on Wheels Association of America Foundation, the Meals on Wheels Research Foundation, and the National Foundation to End Senior Hunger.  Mr. Hogan is also an active member of the Northern Virginia Technology Council, where he has spoken on legal issues and serves as a member of the steering committee for NVTC’s General Counsel Committee.

From 1999-2000 Mr. Hogan was Law Clerk to the Honorable Naomi Reice Buchwald, United States District Judge for the Southern District of New York.  In 1994, Mr. Hogan helped to initiate the AmeriCorps*National Civilian Community Corps, where he served as a Team Leader until 1996 and received the organization’s Outstanding Leadership Award in 1995.  Prior to joining Gibson Dunn, Mr. Hogan was an associate with the New York office of Debevoise & Plimpton, LLP.

Mr. Hogan received his B.S.F.S., magna cum laude, from Georgetown University School of Foreign Service in 1994 in International Relations, Law, and Organization, Phi Beta Kappa with a European Studies Certificate.  In 1999 he received his J.D., cum laude, from New York University School of Law, where he was Editor-in-Chief of The Commentator and Research and Writing Editor for the Moot Court Board.  Mr. Hogan is also an alumnus of Lady Margaret Hall, Oxford University, where he spent the 1992-93 academic term as a visiting student.

Mr. Hogan is a member of the bars of New York, Connecticut, and the District of Columbia, and has been admitted to appear before the U.S. Courts of Appeals for the Second Circuit, the Fourth Circuit, the Ninth Circuit, the D.C. Circuit and the Federal Circuit and the United States District Courts for the Southern and Eastern Districts of New York, the District of Columbia, and the Eastern District of Texas.

PRACTICES

EDUCATION

  • New York University
       1999 Juris Doctor
  • Georgetown University
       1994 Bachelor of Science

ADMISSIONS

  • Connecticut Bar
  • District of Columbia Bar
  • New York Bar

COURT ADMISSIONS

  • US Court of Appeals, 2nd Cir
  • US Court of Appeals, 4th Cir
  • US Court of Appeals, 9th Cir
  • US Court of Appeals, DC Cir
  • US Court of Appeals, Fed Cir
  • US Dist Court, DC
  • US Dist Court, NY E District
  • US Dist Court, NY N District
  • US Dist Court, NY S District
  • US Dist Court, TX E District
  • DC Court of Appeals
  • CT Superior Court
  • NY Sup Crt, App Div, 1 Jud Dep

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