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.
- 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. The U.S. Court of Appeals for the Second Circuit affirmed that decision in relevant part and subsequently refused to stay the district court's further order holding the Bank of China in contempt of court and assessing daily fines of $50,000 per day. The matter settled on confidential terms.
- 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, 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 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. Mr. Hogan has also been a speaker at meetings of the International Trademark Association on "Competitors' 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,?"; the American Bar Association Section of Intellectual Property Law on "Recent Developments in Survey Evidence"; and Comic-Con San Diego on entertainment law issues as part of the "Comic Book Law School" program. Mr. Hogan has also provided commentary on intellectual property issues for CBS News, Bloomberg TV, and National Public Radio, and he has been quoted in publications such as The Wall Street Journal, The Washington Post, USA Today, Law360, Electronic Commerce & Law Report, The Recorder, and Managing Intellectual Property.
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 National Foundation to End Senior Hunger, and the Washington Lawyers' Committee for Civil Rights and Urban Affairs, among others.
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 United States Supreme Court, the U.S. Courts of Appeals for the Second Circuit, the Third Circuit, the Fourth Circuit, the Fifth Circuit, the Ninth Circuit, the D.C. Circuit and the Federal Circuit and the United States District Courts for the Southern, Eastern, and Northern Districts of New York, the District of Columbia, the District of Maryland, and the Eastern District of Texas.