| EXPERIENCE: David Kramer is a partner at Wilson Sonsini Goodrich & Rosati, where he specializes in Internet and copyright litigation. His clients include Internet leaders and start-ups alike, and he regularly provides advice on cutting-edge strategies and novel theories of liability. David serves as lead litigation counsel for Google in a variety of matters. He is currently heading up a team of the firm's attorneys defending Google and YouTube in high-profile copyright litigation against Viacom, and he has previously obtained precedent-setting victories for Google in lawsuits involving copyright law, online defamation, click-fraud, and search rankings, including among others: - Langdon v. Google: Successfully defended Google in action arising from Google's refusal to carry plaintiff's advertisements, and its alleged removal of plaintiff's site from Google's search results. Obtained order granting Google's motion to dismiss plaintiff's constitutional claims, as well as plaintiff's fraud and deceptive trade practices claims based upon Google's First Amendment rights and Section 230(c)(2) of the Communications Decency Act. Langdon v. Google 474 F.Supp.2d 622 (D. Del. 2007).
- Field v. Google: Successfully defended Google in copyright infringement action relating to the "Cached" links in Google's search engine results. Obtained favorable summary judgment on direct copyright infringement, fair use, implied license, and DMCA grounds, and award of attorney's fees. Field v. Google, 412 F. Supp. 2d 1106 (D. Nev. Jan. 19, 2006).
- Parker v. Google: Successfully defended Google in action assertion claims for copyright infringement, defamation, and RICO violations arising from operation of Google Groups service. Obtained dismissal of case with prejudice. Parker v. Google, 422 F.Supp.2d 492 (E.D.Pa., Mar. 10, 2006). Decision was affirmed by the Third Circuit Court of Appeals. 2007 WL 1989660 (3d. Cir. 2007)
- Kinderstart v. Google: Successfully defended Google in putative class action arising from Google's alleged removal of sites from its search results. Obtained order granting Google's motion to dismiss plaintiff's constitutional claims, as well as plaintiff's antitrust, Lanham Act, unfair competition, and defamation claims. Kinderstart.com LLC v. Google 2007 WL 831806 (N.D.Cal. 2007).
- Novak v. Google: Successfully defended Google in defamation action arising from Google Groups service. Obtained dismissal of claim with prejudice. Novak v. Overture et al, 309 F.Supp.2d 446 (E.D.N.Y. 2004).
 David H. Kramer
continued | - Digital Envoy v. Google: Successfully defended Google in trade secret action arising from operation of Google's AdSense service. Obtained summary judgment on all claims. Digital Envoy v. Google, 319 F.Supp.2d 1377, (N.D.Ga., May 21, 2004), 370 F.Supp.2d 1025 (N.D. Cal. 2005) and subsequent decisions.
David was counsel to Real Networks in the first-ever case brought under the anti-circumvention provisions of the Digital Millennium Copyright Act and secured a preliminary injunction prohibiting the abuse of RealNetworks' ubiquitous technology. Real Networks v. Streambox, 2000 WL 127311 (W.D.Wash., Jan 18, 2000). On behalf of Cybermedia, David successfully prosecuted a claim for copyright infringement against Symantec, obtaining a sweeping preliminary injunction requiring Symantec to conduct a nationwide recall of its popular "Uninstall Deluxe" and "System Works" products. CyberMedia v. Symantec, 19 F.Supp.2d 1070 (N.D.Cal. 1998). David successfully defended Acxiom Corporation against a nationwide class action alleging violations of the Electronic Communications Privacy Act and related state law claims, obtaining an early dismissal of the case with prejudice. In Re Jet Blue Airways, 379 F.Supp.2d 299 (E.D.N.Y. 2005). He also defended Acxiom against a nationwide class action alleging invasion of privacy and negligence, again obtaining early dismissal with prejudice. Bell v. Acxiom 2006 WL 2850042. David also defended XO Communications in a putative class action seeking $150 million in statutory damages under the Telephone Consumer Protection Act and obtained rulings in both the trial and appellate courts barring class certification in the case. Levine v. 9 Net Ave., Inc. 2001 WL 34013297 (N.J. App. Div. 2001). In the past, David has represented a host of companies in cases prosecuting senders of unsolicited commercial email or "spam," including an action brought on behalf of CompuServe that resulted in a groundbreaking injunction prohibiting spamming under a novel trespass to chattels theory. He has drafted legislation at both the state and federal levels concerning email abuse and fraud. David is a frequent lecturer on Internet-related issues, and his fight against spam has been featured in the national press. (Please see "On Guard Online" and "How Much Spam Did You Get Today?" for more information.)
OTHER SELECT INTERNET LITIGATION AND COUNSELING CLIENTS: - DivX
- GoDaddy
- InfoSpace
- Lucasfilm
- Netflix
- Ning
David H. Kramer
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EDUCATION: - J.D., Georgetown University Law Center
Magna Cum Laude - B.A., Dartmouth College
Cum Laude
HONORS: - Named in the 2009 edition of Chambers USA: America's Leading Lawyers for Business
- Selected for inclusion in IP Law & Business's 2008 "Top 50 under 45" list
- Named one of the Daily Journal's 2008 "50 Leading IP Litigators in California"
- Selected for inclusion in the Daily Journal's 2008 "Top 20 under 40" list
- Named to Lawdragon's 2006 "500 New Stars, New Worlds List"
- Named in 2005, 2006, 2007, 2008, and 2009 as a Northern California "Super Lawyer" by Law & Politics magazine
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