Photograph of Kayvan M. Ghaffari

Industries

Education

  • University of California, San Diego, B.A. (2011) Phi Beta Kappa, cum laude
  • University of Southern California, Gould School of Law, J.D. (2014) Order of the Coif, graduated top 10%

Admissions

  • California
  • New York

Languages

  • Farsi

Kayvan M. Ghaffari

Associate
San Francisco
kghaffari@crowell.com
Phone: +1 415.365.7223
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

Kayvan M. Ghaffari is an attorney in the San Francisco office of Crowell & Moring. He is a member of the Litigation, Intellectual Property, and Privacy & Cybersecurity groups. Kayvan’s areas of emphasis include technology-related litigation, involving cybersecurity and digital crimes, competition issues, copyright, trademark, and patent disputes, and complex commercial matters. He has handled numerous disputes involving cybersecurity technologies, cybercrime, fraud and hacking. He has litigated numerous Lanham Act, false advertising, unfair competition, and trade disparagement claims. 

Kayvan is regularly called upon to represent clients in RICO actions. He has successfully litigated RICO as a plaintiff in complex cases involving parent-subsidiary relationships, extraterritoriality, and the DMCA. In addition, Kayvan has successfully defended clients facing bet-the-company RICO claims, including most recently, dismissing with prejudice a RICO claim against one of the world’s largest ticket marketplaces.

A Bay Area native admitted to practice in California and New York, Kayvan has substantial experience developing successful strategies that addresses all aspects of major crisis in a high profile setting – the legal issues; congressional and general investigations; civil litigation; media and investor scrutiny; and the long-term business or career implications. With deep relationships amongst a myriad of legal, media, and government stakeholders, Kayvan uses a unique blend of creativity and technical know-how to relentlessly protect his clients. In addition to being procedurally meticulous and a compelling writer, he focuses on unearthing ways to unravel the opposing side’s case. He also helps companies avoid litigation by counseling companies ranging from market leaders to start-ups on an array of technology and cyber-related issues.

In addition to helping his clients, Kayvan also uses his legal skills to assist those in need and litigates pro bono cases involving civil and constitutional rights. While attending law school, he started a chapter of the Iraqi Refugee Assistance Project (IRAP), where he worked with attorneys and other law students to provide legal representation to refugees and their families in an effort to help them obtain resettlement. 

Kayvan graduated Order of the Coif from the University of Southern California Gould School of Law, where he also served as senior submissions editor of the Southern California Law Review

Representative Engagements:

Representative clients in both litigation and counseling include: Microsoft, Netflix, MillerCoors, U.S. Soccer Federation, Audible Magic, StubHub, Inc., National Association of Broadcasters, Synopsys, eBay, Facebook, Oracle, Varian Medical Systems, TiVo, and Planned Parenthood. 

Representative litigation matters, including trials, include:

  • Spotlight Ticket Management v. StubHub, Inc., et al., (C.D. Cal.) – Successfully dismissed with prejudice RICO claim brought against StubHub in connection with StubHub’s affiliate program.  
  • Represent Microsoft in carrying out various actions disabling IP addresses and domains that are controlled by million computer botnets, including the “Phosphorous” botnet, the “Thallium” botnet, and more recently, the “Necurs” botnet. These botnets comprise some of the largest sources of malicious spam distribution in the world.
  • Represent high-wealth entrepreneur in developing strategies to preempt crises through strong and early internal action or litigation containment, including most recently responding to extortionate demands by major corporations.
  • Represent radio and television broadcasters’ trade association in connection with all trademark litigation matters.
  • Represent a software company in connection with a software copyright infringement matter.
  • Represent a software company in connection with establishing a cryptocurrency exchange. 
  • U.S. Soccer Federation Foundation v. U.S. Soccer Federation, (D.D.C) – Obtained favorable outcome for U.S. Soccer Federation in connection with the Foundation’s declaratory judgment of non-infringement of trademarks in a dispute over who controls the Foundation’s name and branding “marks.”
  • Jason Mraz d/b/a Goo Eyed Music v. MillerCoors LLC, et al., (C.D. Cal) – Successfully represent MillerCoors in litigation against Jason Mraz involving allegations of copyright infringement, trademark infringement, right of publicity, and other common law claims.
  • Synopsys, Inc. v. Ubiquiti Networks, Inc., et al. (N.D. Cal.) — Successfully represented Synopsys in litigation against Ubiquiti Networks, Inc. involving allegations of digital crimes, software piracy, and conspiracy. Litigation involves Digital Millennium Copyright Act anti-circumvention violations and RICO.
  • Twentieth Century Fox Film Corp., et al. v. Netflix, Inc. (Los Angeles Superior Court) Represented Netflix in litigation against Twentieth Century Fox Film Corporation and Fox 21, Inc., involving allegations of unlawful solicitation of employees and use of unlawful non-compete agreements.
  • EMW Women's Surgical Center, et al. v. Glisson (D. Ky.) — Successfully represented a Planned Parenthood in a bench trial in the Commonwealth of Kentucky concerning the constitutionality of a statute governing the licensing of health care facilities.
  • Oracle Corp. v. State of Oregon (D. Or., Ninth Circuit, and Marion County Circuit Court) — Successfully represented client in state and federal litigation, including an evidentiary hearing and an appeal, against the State of Oregon concerning the development of Oregon's health insurance exchange. Litigation involved copyright infringement of computer software code underlying the exchange, constitutional questions concerning the Copyright Remedy Clarification Act and 11th Amendment Immunity, RICO, and False Claims Act.
  • TLX, Inc. v. Accommodations Plus, Inc. (D. Ariz.) Obtained favorable outcome for client in litigation alleging violations of Arizona's trade secrets act.
  • Allaithi v. Rumsfeld (Supreme Court) — Petition for certiorari to U.S. Supreme Court concerning Alien Tort Statute and Religious Freedom Restoration Act.
  • J&J Sports Prod., Inc. v. Salas, et al. (N.D. Cal.) — Obtained favorable outcome for client in litigation alleging violations of television piracy under 47 U.S.C. §§ 553, 605.
  • Facebook Inc. v. Power Ventures, 2013 U.S. Dist. Lexis 137890 (N.D. Cal. 2013) — Successfully obtained an injunction on behalf of Facebook enjoining violations of the Computer Fraud and Abuse Act, CAN-SPAM Act, and California Penal Code section 502.


Affiliations

Bar Admissions: California, New York

Court Admissions: U.S. District Courts for the Southern and Eastern Districts of New York, U.S. District Courts for the Northern, Southern, and Central Districts of California, U.S. Court of Appeals for the Ninth Circuit



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