Dominique Shelton is a partner in the Intellectual Property department of Edwards Wildman's Los Angeles office. Her practice focuses on complex commercial litigation with a particular concentration in the areas of unfair competition, intellectual property, antitrust and privacy. Dominique has represented Fortune 500 companies, start up ventures, and privately held companies in litigation involving advertising, technology, entertainment and software industries. Her representative clients include original equipment manufacturers, television and film studios, cable channels, technology companies, semiconductor distributors, and major arts institutions in Los Angeles. Dominique has a broad range of experience in technology and intellectual property issues particularly in the areas of digital distribution and new media. She advises advertisers, product manufacturers, and cable studios regarding privacy, regulatory issues arising from Web 2.0 marketing, behavioral advertising, social networking websites, user-generated content, and digital advertising.
Notable Experience
· In 2010, obtained denial of class certification in privacy class action litigation in which statutory damages were up to $29 billion.
· Successfully defended a technology company and obtained denial of Temporary Restraining Order and Permanent Injunction in 2010.
· Representing technology company in $40 million copyright litigation against government contractor, and in 2009 obtained denial of summary judgment where court rejected defendants' government contractor defense. Obtained second denial of summary judgment on copyright claims in January 2011.
· Obtained denial of class certification in class action litigation pertaining to alleged unfair competition against multiple banks and the issuer to tax exempt bonds in $100 million exposure case.
· Obtained defense summary judgment (before class determination) on alleged unfair competition claim against major rental car company, affirmed on appeal. (Martinez v. Enterprise Rent-A-Car Co., 119 Cal. App. 4th 46 (Cal. App. 5th Dist. 2004).
· Representing technology company in multimillion dollar copyright and trademark litigation.
· Representing media agency in intellectual property litigation related to malvertisement under the Copyright Act, Lanham Act and Anti-Cybersquatting Act.
· Representing global engineering company in toxic tort litigation.
· Representing the bankruptcy trustee in significant litigation concerning ownership of a digital music catalogue.
· Representing a financial institution in enforcement actions pertaining to their online intellectual property protection, including trademark infringement.
· Represents large companies in class action litigation in state and federal court, including class action litigation pertaining to the Fair and Accurate Credit Card Transaction Act ("FACTA").
· Represented national automobile company regarding an online copyright and trademark enforcement program, which settled favorably for the client.
· Advises advertisers, product manufacturers, smart phone application developers, major entertainment associations, production companies, media and event companies and cable studios regarding intellectual property, privacy, and regulatory issues arising from Web 2.0, social networking websites, user-generated content, mobile content and digital advertising. Represented a web to on-online video-on-demand channel in intellectual property licensing litigation in California and Massachusetts.
· Successfully defended a manufacturer of inkjet refill kits against a competitor's claims for recovery based upon theories of trademark infringement, trade dress and dilution.
· Defended a medical device manufacturer in patent revocation lawsuit, quickly preventing revocation of the patent that was at the core of the client's business.
· Defended a major Los Angeles-based art museum in trademark infringement and unfair competition case relating to claims under the Federal Lanham Act, California state trademark law, and California's Unfair Business Practices Act, resulting in no out-of-pocket payments by the client.
· Represented a major Los Angeles based contemporary arts museum in intellectual property matters.
· Represented the fourth largest distributor of electronic components in trademark infringement lawsuit against a competitor that was using the client's mark in print and online. Dominique successfully obtained a final injunction order in the Central District Court preventing the use of the mark, and revoked the web domain name under the Uniform Domain Name Dispute Resolution administrative procedures.
· Represented a private venture capital fund in recovering damages from radio station owners in Dayton, Ohio for breach of promissory notes, guarantees and security instruments. Successfully obtaining summary judgment, and ruling for receiver after the defendant filed for bankruptcy.
· Successfully obtained on behalf of client/defendant a judgment to stay the California action filed by the plaintiff, on forum non conveniens grounds where a first-filed action had been pending in New York (but was dismissed due to the second-filed action in California).
Other Distinctions
· Named Intellectual Property Lawyer of the Year by the Century City Bar Association in 2012.
· Included in the 2012 Southern California Super Lawyers Intellectual Property listings by Thomson & Reuters.
· Named Woman of Achievement by the Century City Chamber of Commerce (2006).
· Named by the Los Angeles Daily Journal as a Top Woman Litigator in 2005.
· President of Women Lawyers Association of Los Angeles (2005-2006).
· Named by the Los Angeles Daily Journal as one of "20 Under 40" lawyers most likely to succeed in 1997.
· Named by the Legal Aid Foundation of Los Angeles as the "Maynard Toll Pro bono Associate of the Year" in 1996.
Recent Speaking Engagements and Publications
· Speaker, "Protecting Privacy and IP in Social Media," Black Women Lawyers Association of Greater Chicago's 2012 National Summit, Chicago, Illinois, April 13, 2012.
· Speaker, Media Concentration in a Global Digital Universe: The Changing Role of Hollywood and the Entertainment Industry, University of Tennessee College of Law Entertainment Law Conference titled, "Metamorphosis How Technology is Reshaping Entertainment," March 31, 2012.
· Co-Author, "Big Brother Is Online And A Rising Risk For Insurers," Law360, March 29, 2012.
· Co-Author, "Online Behavioral Advertising/Tracking Litigation: A Rising Risk Facing Insurers and Insureds," Edwards Wildman Insurance and Reinsurance Review, March 2012.
· Author, "Takeaways From Obama's New Consumer Privacy Framework," Daily Journal, March 2, 2012.
· Moderator, "Cloud Computing: Healthcare IT Models," ABA Section of Science & Technology Law's Think Outside the Box Lunch, Chicago, Illinois, March 2, 2012.
· Co-Author, "California and White House Privacy Announcements Usher in New Era for Consumer Data Privacy - Mobile and Targeting Are Reform Priorities," Edwards Wildman Palmer LLP Client Advisory, March 2012.
· Speaker, "Social Media's Evolving Legal and Ethical Considerations: Can We All Be Friends?," National Bar Association Commercial Law Section's 25th Annual Corporate Counsel Conference, February 24, 2012.
· Speaker, "Bonjour! Bonjour! The Internet World Tour!," The Copyright Society of the USA 2012 Mid-Winter Meeting, Los Angeles, California, February 4, 2012.
· Author, "Montz - Breaking New Ground for Idea Submission Law after the U.S. Supreme Court Denies Cert.," Entertainment & Intellectual Property Law Journal, Volume 2, Number 1, February 2012.
· Quoted, "FTC Settlement Gives Facebook Leverage Over Competitors," The Washington Post, January 30, 2012.
· Speaker, "Claims and Defenses on the Merits: Defendant's Perspective," PLI's Privacy and Behavioral Advertising Class Action Suits: What Every Litigator and In-House Lawyer Needs to Know Seminar, Palo Alto, California, January 24, 2012.
· Co-Author, "Oft-ignored California Law Spawns New Batch of Class Actions - Companies Dealing with California Consumer Data Need to Audit Practices and Policies," Edwards Wildman Palmer LLP Client Advisory, January 2012.
· Author, "The Right to Track," The Recorder, January 9, 2012.
· Co-Author, "Online Behavioural Advertising: The Gathering US and European Union Storm," International Institute of Communications InterMedia Magazine, Volume 39, Issue 5, December 2011.
· Quoted, "Fans' Ideas at Risk," LA Daily Journal, December 20, 2011.
· Speaker, "Data Privacy Class Actions: Key Strategic Considerations for Businesses," Law Seminars International TeleBriefing, December 2, 2011.
· Quoted, "Dance Reality Show IP Case Settles," LA Daily Journal, November 11, 2011.
· Quoted, "'Ghost Hunters' Case Could Limit the Way Projects are Presented to Nets, Studios," Variety, November 8, 2011.
· Quoted, "Supreme Court Deals Setback to Hollywood, Won't Hear Key 'Ghost Hunters' Case," The Hollywood Reporter, November 7, 2011.
· Guest Speaker, "Protect Your Privacy in the Information Age," KUCI Radio, November 7, 2011.
· Speaker, "Online Privacy: An Oxymoron? The Risks of Online Behavioral Advertising," Professional Liability and Underwriter Society ("PLUS") 2011 Conference themed Your Global Neighborhood, November 3, 2011.
· Speaker, "Online Behavioural Advertising: The US and EU Regulatory Regime," Edwards Wildman Palmer LLP Webinar, November 2, 2011.
· Speaker, "New Rules for a Changing Landscape: The Evolving Practice of Entertainment and Media Law," Black Entertainment and Sports Lawyers Association Annual Conference, October 28, 2011.
· Speaker, "Hot Topics in Entertainment Litigation for the In-House Attorney and the Talent, Studio, Network or Label Litigator," Black Entertainment and Sports Lawyers Association Annual Conference, October 27, 2011.
· Co-Author, "Defending Behavioral Ad Class Actions," Law 360, October 20, 2011.
· Speaker, "The Perils of Social Media Under the Laws of the United States and Canada," American Bar Association (ABA) Annual Meeting, August 4, 2011.
· Speaker, "We Know Where You've Been: Emerging Rules in Online Behavioral Advertising," Twelfth Annual Privacy and Data Security Law Institute, Chicago, Illinois, July 19, 2011.
· Co-Author, "Online Behavioral Advertising Litigation and Proposed Legislation: Lessons for Online Publishers and Advertisers," M/E Insights, Winter/Spring 2011.
· Co-Author, "Do Not Track Me," Corporate Counsel, May 18, 2011.
· Author, "Online Behavioral Advertising," e-Commerce Law & Strategy, May 2011.
· Author, "Online Behavioral Advertising: Numerous Class Actions Pending: Preliminary Results Indicate More to Come," Client Bulletin, March 23, 2011.
· Co-Author "How to Respond to Recent Developments in Consumer Information Regulation," Client Bulletin, March 23, 2011.
· Speaker, "Approaching Web and Mobile 3.0: the Practical Evolution of a Digital Marketing Campaign," In-house presentation at cable network, March 2, 2011.
· Co-Author, "The Descent of Behavioral Advertising Class Actions," The Daily Journal, March 2, 2011.
· Moderator, "Retweet This: Social Media & Internet Issues for In-house counsel," National Bar Association Commercial Law Conference, February 25, 2011.
· Co-Author, "Consumer Privacy Litigation Alert: A Rash of Behavioral Advertising Class Actions Have Been Filed Implicating Company Websites and Mobile Applications," Client Bulletin, January 21, 2011.
· Speaker, "Behavioral Advertising: Legal Update," Wildman Harrold, Chicago, January 12, 2011.
· Moderator, "Entertainment Law Year in Review," Beverly Hills Bar Association, January 2011.
· Speaker, "Approaching Web and Mobile 3.0: The Practical Evolution of Digital Marketing," Insights for In-House Counsel, Wildman Harrold, Chicago, IL, March 5 and June 11, 2010; Silver Springs, MD, April 22, 2010.
· Moderator, "Courts and Social Media," 2010 Central District of California Judicial Conference, April 17, 2010.
· Speaker, "Online, Social and Mobile Media: Navigating the Changes," presented to Edelman PR April 27, 2010; and Mattel's in-house counsel, March 30, 2010.
· Speaker, "Copyright Wars," MCCA CLE Expo, March 18, 2010.
· Speaker, "ABA Section of Antitrust Law Consumer Protection Update," March 1, 2010.
· Speaker, "Software in the Stratosphere: Practical Strategies for Copyright Enforcement in the Digital Age," State Bar of California, 34th Annual Intellectual Property Institute: IP in Vogue, November 12, 2009.
· Speaker, "Recent Developments: Assessing the Behavioral Advertising Landscape," ABA Section of Antitrust Law - Privacy and Information Security, Consumer Protection, and Private Advertising Litigation Committees, October 7, 2009.
· Speaker, "Brave New World: New IP Risks in Evolving Media," MediaMorphosis2009, Beverly Hills, CA, February 3, 2009.
· Speaker, "January 2009 Privacy Update," ABA Section of Antitrust Law - The Privacy and Information Security, Corporate Counseling and Computer Industry & Internet Committees, January 13, 2009.
· Co-Author, "A Game Changer," Los Angeles Daily Journal, November 5, 2008.
· Keynote Address, "Web 2.0-Evolving Legal Issues Raised by User-Generated Content, Social Networking and Digital Advertising," 2008 Computer & Technology Law Institute, October 24, 2008.
· Speaker, "Web 2.0 Social Networking, User-Generated Content and Digital Advertising: Evolving Legal Issues," USC 50th Anniversary Institute on Entertainment Law and Business Your Television is Ringing: Entertainment in a Digital World, October 18, 2008.
· Speaker, "Digital CrossRoads in Entertainment," Georgetown Entertainment Media Alliance October 1, 2008.
· Co-Author, "California Sweepstakes Bill Signed Into Law By Governor Schwarzenegger," Client Bulletin, October 2008.
· Author, "EU, US Grapple With Online Counterfeit Goods," Law 360, October 1, 2008.
· Author, "Will Congress Squelch Behavioral Advertising?" E-Commerce Times, August 27, 2008.
· Author, "Online Behavioral Advertising-Key To Internet Monetization Or Privacy Probes?" Privacy & Information Law Report, July/August 2008.
News & Publications
March 30, 2012, Client Advisory - FCC Announces Effective Date of Closed Captioning Rules for IP-Delivered Programming
March 2, 2012, Writing for the Daily Journal, Dominique Shelton Analyzes Federal Framework for Consumer Privacy Protection
March 2012, Online Behavioral Advertising/Tracking Litigation: A Rising Risk Facing Insurers and Insureds
March 2012, Client Advisory - California and White House Privacy Announcements Usher in New Era for Consumer Data Privacy - Mobile and Targeting Are Reform Priorities
An Edwards Wildman Privacy & Data Protection Client Advisory
January 31, 2012, Client Advisory - FCC Adopts Closed Captioning Rules for IP-Delivered Programming
January 26, 2012, Dominique Shelton: IP 'Lawyer of the Year'
Edwards Wildman partner recognized by Century City Bar Association
January 2012, Client Advisory - Oft-ignored California Law Spawns New Batch of Class Actions - Companies Dealing with California Consumer Data Need to Audit Practices and Policies
An Edwards Wildman Privacy & Data Protection Client Advisory
January 9, 2012, Writing in The Recorder, Dominique Shelton Outlines Defenses for Mobile Industry in Privacy Class Actions
December 2011, In InterMedia Magazine, Richard Graham and Dominique Shelton Survey Developments in Online Behavioral Advertising
October 21, 2011, Dominique Shelton and Brent Austin Analyze Defenses to 'Behavioral Ad' Class Actions
March 23, 2011, How to Respond to Recent Developments in Consumer Information Regulation
March 23, 2011, Online Behavioral Advertising: Numerous Class Actions Pending
Preliminary Results Indicate More to Come
January 21, 2011, Consumer Privacy Litigation Alert: A Rash of Behavioral Advertising Class Actions Have Been Filed Implicating Company Websites and Mobile Applications
October 1, 2008, EU, US Grapple With Online Counterfeit Goods
Law 360
Besides Edwards Wildman
Dominique has mentored students through the Urban League's Black Executive Exchange Program, and through her involvement in bar associations. Since 2003, she has been a member of the Museum of Contemporary Art's ("MOCA") Drawings Committee, which advises and oversees MOCA's acquisitions and collections management. Prior to joining the Drawings Committee, Dominique served as a member of the MOCA Contemporaries Board from 1998 to 2003.
Events
September 19, 2012, San Francisco, CA, Technology and Entertainment Convergence 2012: Hot Business and Legal Issues in "Technotainment"
September 7, 2012, New York, NY, Technology and Entertainment Convergence 2012: Hot Business and Legal Issues in "Technotainment"
July 16-17, 2012, Chicago, IL, Privacy and Data Security Law Institute
June 18, 2012, Stanford, CA, Stanford University 9th Annual E-Commerce Best Practices Conference
June 6, 2012, Chicago, IL, United States, IAPP Practical Privacy Series: Data Breach
June 4-6, 2012, San Diego, CA, Marketing Research Association 2012 Annual Conference
May 21 - 22, 2012, San Francisco, CA, PLI's Privacy and Data Security Law Institute
April 12-14, 2012, Chicago, IL, Black Women Lawyers Association of Greater Chicago's 2012 National Summit
March 2, 2012, Chicago, IL, Cloud Computing: Healthcare IT Models
February 23-25, 2012, Miami, FL, National Bar Association Commercial Law Section's 25th Annual Corporate Counsel Conference
February 2-4, 2012, Los Angeles, CA, The Copyright Society of the USA 2012 Mid-Winter Meeting
January 24, 2012, Palo Alto, CA, PLI's Privacy and Behavioral Advertising Class Action Suits: What Every Litigator and In-House Lawyer Needs to Know Seminar
December 2, 2011, Data Privacy Class Actions: Key Strategic Considerations for Businesses
November 2, 2011, Complimentary Digital Marketing Webinar: Online Behavioural Advertising
Understanding the US and EU Regulatory Regime
Industries
· Broadcasting
· Entertainment: Development, Production, Financing & Distribution
Memberships
· Member, Magistrate Judge Merit Selection Panel for the United States District Court, Central District of California (December 2011-present)
· Chair 2011-2012, Entertainment & Intellectual Property Law Section ("ELIPS"), LA County Bar Association
· Member 2007-present, Executive Committee, Los Angeles County Bar Association, Intellectual Property and Entertainment Law Section
· Board of Directors, Federal Bar Association of Los Angeles
· Lawyer Representative to the Ninth Circuit Judicial Conference
· Board Member 2007-2010, Big Brothers Big Sisters of Greater Los Angeles
· Member 2007-2008, Law Firm Advisory Board, Association of Media and Entertainment Counsel
· Co-Chair 2009-2010, American Bar Association, Intellectual Property Law Section, Antitrust Committee
· Past President and Life Member, Women Lawyers Association of Los Angeles.
· Life Member, Black Women Lawyers and California Women Lawyers Association (served on those boards at various times between 1997-2006).
· Life Member, National Bar Association
· Member, International Association of Privacy Professionals