Tucson Office
One South Church Avenue Suite 1700
Tucson,
Arizona
85701
Phoenix Office
One Renaissance Square Two North Central Avenue
Phoenix,
Arizona
85004
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Professional Experience
Deanna Conn practices in commercial litigation and in all areas of intellectual property litigation, including patent and troll defense, trademark, copyright, misappropriation of trade secret and domain name litigation. Ms. Conn also handles intellectual property transactions, including software and online applications licensing, internet law and e-commerce, clickwrap agreements, anti-spamming, and privacy advice. Ms. Conn also specializes in advising direct selling companies regarding online distributor policies, compliance, independent contractor and independent sales representative status and FTC and regulatory compliance issues. Her experience includes: Commercial litigation – specializing in intellectual property disputes, infringement claims, licensing and contract disputes.
- Successfully defended avionics manufacturer in patent troll litigation.
- Ongoing representation of manufacturer in patent litigation and defense against trademark infringement counterclaims.
- Obtained favorable settlement on behalf of longtime children’s author and illustrator in copyright infringement lawsuit.
- Secured multimillion dollar arbitration award in breach of contract dispute involving trademark and copyright.
- Represented company in software vendor dispute alleging breach of contract and breach of warranty relating to enterprise software.
- Successfully defended against alleged violations of Telephone Consumer Protection Act relating to unsolicited faxes.
Representative Cases
- Taranis IP LLC v. Garmin International, Inc., et al., (N.D. Ill.) (patent troll dispute involving GPS technology).
- EasyCare, Inc. v. Lander Industries, Inc. (D. Ariz.) (patent and trademark dispute involving equine hoof boots and internet domain names).
- Marjorie W. Sharmat and Marc Simont v. Robert Reger, et al. (D. Ariz.) (representing copyright infringement claimants).
- In the Matter of Arbitration between Joseph DelGreco & Co., et al., v. Eastwest Int’l, et al., International Centre for Dispute Resolution, International Arbitration Tribunal (New York) (breach of contract claim alleging trademark and copyright misappropriation).
Direct Sales Industry Team - Partner in Direct Sales Industry Practice Group advising direct sellers for more than 15 years regarding online distributor policies, social media and IP policies, as well as advising regarding Federal Trade Commission (FTC) and states' Attorneys General (AG) regulatory compliance. Representative matters include:
- Advised major direct selling cosmetics company regarding online distributor policies, Federal Trade Commission (FTC) and state regulatory compliance issues, and dispute resolution relating to independent contractor disputes.
- Routinely advise numerous direct selling companies regarding latest Internet-related developments including privacy, security, and online advertising regulations.
- Reviewed multiple DVDs and print media of nutritional direct seller for regulatory compliance audit.
- Advised company regarding compliance with Children's Online Privacy Protection Act based on website practices.
- Member of Direct Selling Association (DSA) Subcommittee responsible for drafting Internet Guidelines. Member of DSA Lawyers’ and Technology Council. Frequent Panelist at DSA Legal and Regulatory Updates. (See list of speaking engagements below.)
Internet-related and software licensing – e-commerce, spamming, privacy regulation, online “clickwrap” agreements, electronic signatures, website development and hosting agreements, website terms of use agreements, domain name disputes, software and online licensing, sweepstakes, internet regulatory developments on the federal and state level, copyright and trademark matters.
- Acted as primary outside corporate counsel for a Washington Post subsidiary, handling all Internet-related transactions, including software licensing agreements, copyright and trademark matters.
- Routinely advise online and digital media companies regarding online license and software application agreements relating to texting, banner advertising, online classifieds, electronic music, concerts, and media content.
- Advised bank regarding privacy statement, California internet regulations and federal E-SIGN disclosures relating to clickwrap agreements.
- Drafted end user software license agreement, trial software license, and clickwrap license agreements for high-tech optics company.
Education and Honors
- Columbia University (J.D., 1993)
Harlan Fiske Stone Scholar (Recipient, 1990-1993). Parker School Recognition of Achievement with Honors in International Law. Columbia Law Review (Senior Editor).
- Pomona College (B.A., cum laude, 1986)
Phi Beta Kappa.
Bar Admissions
Washington D.C.,
1995
Arizona,
1994
Court Admissions
U.S. Court of Appeals, 7th Circuit, 2012
U.S. Court of Appeals, 9th Circuit, 2009
U.S. District Court, District of Arizona, 1997
U.S. District Court, Central District of California, 1993
Professional Recognition
Arizona Foundation for Legal Services & Education Top 50 Pro Bono Attorneys in Arizona (2012). Listed in The Best Lawyers in America® (Information Technology Law). Volunteer Lawyers Program Outstanding Pro Bono Attorney of the Month (April 2012). Listed as Top Lawyer in 2010 Ranking Arizona: The Best of Arizona Business. Top Pro Bono Attorney Award (Recipient, 2005). Volunteer Lawyer Program Award of Appreciation (Fall 2003).
Professional and Civic Activities
- President, Southern Chapter of the Arizona Women Lawyers Association (2012).
- Volunteer Judge Pro Tem, Pima County Superior Court (2006 - present).
- Adjunct Associate Professor of Law, University of Arizona James E. Rogers College of Law, Trademarks and Unfair Competition, Spring 2011.
- Appointed Head Arbitrator, Schwartz v. Dunmire, Fee Dispute Arbitration Program, State Bar of Arizona (2007).
- Direct Selling Association (Internet Council, Subcommittee responsible for drafting Internet Guidelines).
- Arts for All, Inc. (2005-2007; Vice President, 2008).
- State Bar of Arizona (Member, Intellectual Property Section).
- Pima County Bar Association (Member).
- District of Arizona Bar (Member).
- Honorable Alicemarie Stotler, U.S. District Court, Central District of California (Law Clerk, 1993-1994).
Selected Presentations/Publications
Publications:
- “When Contract Should Preempt Tort Remedies: Limits on Vicarious Liability for Acts of Independent Contractors,” Fordham J. Corp. & Fin. L. 179 (2009).
- Co-author, “.unlimited? Pros and cons of the new generic TLDs,” Computerworld, May 7, 2009.
- Contributing author, “Business Continuity & Disaster Recovery,” June 2007.
- Co-author (with Deana Peck), “Cyberspace: The New Class Action Frontier,” ABA Nat’l Inst. Class Actions, 2005.
- Author, “Are Independent Distributor Web Sites Too Independent?,” Intellectual Property & Technology Law Journal, June 2004.
- Co-author (with Jonathan A. Coury and Janine R. Novatt), Marketing Regulatory Update, December 2001.
- Co-author, “Internet Legal Handbook – Bet Your Business Internet Issues,” www.ispec.org, 2001.
Presentations:
- “Hot Topics in Social Media and Trademark Law”– Panelist Speaker, Direct Selling Association (2011).
- Panelist, “Hot Topics in Cyberlaw: eContracts, eTorts and Jurisdiction on the Internet,” Fifth Annual Specialized CLE for In-House Counsel (2011).
- “International IP Law: Special Issues Arising From E-Commerce/Internet Law” – Speaker, Univ. of Ariz. College of Law, International IP Law Seminar (2009).
- “Internet Attacks! Protecting Your Company” – Panelist Speaker, Direct Selling Association (2008).
- Panelist, “Business Law 101 – Intellectual Property Concerns,” State Bar of Arizona, 2007.
- Speaker, “Legal Obligations Regarding Data Security,” Quarles & Brady Business Law Seminar, 2007.
- “Privacy and Data Security Law Developments,” Univ. of Arizona College of Law, IP Transactions Seminar, April 18, 2006.
- Panelist, “Dietary Supplements and the Internet,” Med. Educ. Svs. Seminar, 2006.
- Panelist, “Exempt Organizations Intellectual Property,” Volunteer Lawyers Program, 2005.
- Speaker, “Online Distributor IP Issues & Pitfalls,” Quarles & Brady Business Law Seminar, 2005.
- Panelist, “Are Independent Web Sites Too Independent?,” Direct Selling Association, March 2005.
- “Communicating on the Web – What’s the Law,” International Association of Business Communicators, February 2004.
- Chief Marketing Officer Special Interest Group, “Internet Law, Intellectual Property and Commercial Litigation,” Information Technology Association of Southern Arizona, November 2003.
- “Internet Law Developments – One Man Band Special Interest Group,” – Information Technology Association of Southern Arizona, May 2003.
- Panelist, “Telemarketing and Internet Laws,” Direct Selling Association, February 2003.
- “Regulatory Issues and the Internet,” Arizona State Bar Convention, Summer 2002.
- “Intellectual Property Update,” Quarles & Brady Streich Lang, May 2002.
- “Internet Legal Issues,” Tech Expo, Southern Arizona Industrial Aerospace Association, Fall 2001.
- “Cyberspace and the Law – Legal and Regulatory Issues,” Direct Selling Association, May 2001.
- “Intellectual Property Update,” Quarles & Brady Streich Lang, May 2001.
- Testified regarding Internet law, Arizona Senate, May 2001.
- Panelist, “What to do About Online Attacks,” Direct Selling Association, February 2001.
- “Intellectual Property Update,” Quarles & Brady Streich Lang, February 2001.
- Panelist, “Law and the Internet: Privacy, Jurisdiction and the Regulation of Free Expression,” Arizona State University, Fall 1997.
- Appeared in regulatory advocacy proceedings, Federal Communications Commission, 1994-1997.
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