Michelle Hon Donovan has diverse national practices in the areas of intellectual property law, cyber law, litigation and licensing. Ms. Donovan's clients represent a wide range of industries, including pharmaceutical and biotechnology, high-end consumer electronics, software, cosmetics and personal care products, real estate development, education, staffing, food and beverage, and social networking.
Ms. Donovan's intellectual property matters include assisting brand owners in developing global brand protection strategies, including domestic and international filing, opposition and enforcement strategies. She also advises clients concerning social media, copyrights, Internet domain names, trade secrets, unfair competition and the licensing of intellectual property. Ms. Donovan also handles matters concerning acquisition and disputes of domain names, including successfully handling domain name and cybersquatting disputes under ICANN's Uniform Dispute Resolution Policy.
Ms. Donovan also handles a variety of cyber law matters. She has handled security and data breaches and also counsels clients on privacy laws, cybersecurity laws, and social media issues. Ms. Donovan has developed a focused practice in counseling on Internet marketing and lead gen issues.
Ms. Donovan's litigation practice includes cases involving commercial, patent, copyright, trademark and domain name disputes, as well as a wide range of matters involving contracts, torts, privacy, defamation, franchise termination, unfair competition and false advertising. Recognizing the value of settlement to her clients, Ms. Donovan has often used her skills, judgment, and creativity to negotiate favorable settlements for clients and frequently obtains complete relief for her clients without filing a lawsuit. When settlement is not desired or practical, Ms. Donovan tirelessly fights for her clients' rights to summary judgment and trial.
Ms. Donovan also negotiates and drafts various technology and licensing agreements, including but not limited to intellectual property licenses, domain name and intellectual property purchase agreements, software licenses, software development agreements, co-author agreements, ghost author agreements, distribution agreements, nondisclosure agreements, and consulting/independent contractor agreements.
Prior to entering law school, Ms. Donovan was a research assistant in biochemistry and molecular biology at the Ron Evans Gene Expression Laboratory of the Salk Institute. She was also involved in the Salk Institute Educational Outreach program, educating elementary and middle school students about molecular biology.
Ms. Donovan is a 2004 cum laude graduate of the University of San Diego School of Law, where she was Student Comment Editor of the San Diego International Law Journal and elected to the Order of the Coif. Ms. Donovan externed with Magistrate Judge Ruben B. Brooks in the United States District Court, Southern District of California. She is a graduate of the University of Minnesota (B.S., Genetics and Cell Biology).
•Duane Morris LLP
- Partner, 2014-present
- Associate, 2005-2013
- Associate, 2004-2005
- Summer Associate, 2003
•The Honorable Ruben B. Brooks, Federal District Court, Southern District of California
- Extern, 2004
•The Salk Institute, Ron Evans Gene Expression Laboratory
- Research Assistant, 1999-2001
Civic and Charitable Activities
•Mama's Kitchen, San Diego, California. Board of Directors (2009-2012; Volunteer (2007-present): Non-profit organization, providing hot meals to persons suffering from HIV and cancer
•Lilith's Hands, San Diego, California. Founder & President (2001-2002): Organized and promoted charity concert to benefit women in the community, including sexual assault and domestic violence programs
Selected Speaking Engagements
• Cybersecurity: Addressing the Risks to Schools and Student Records, APSCU webinar, May 2015
•Speaker, Cyber Crime: Beware of Multi-Dimensional Attacks, San Francisco Treasury Symposium, May 1, 2015
•Speaker, Cybersecurity: Managing Risks and Protecting Your Organization, 2015 Accounting & Financial Women's Alliance
•Speaker, Cybercrime and Protecting Your Organization, 2015 Webinar co-presented with FBI Internet Crime Complaint Center (IC3)
•Speaker, Text Talk (Compliance for Telemarketing Texts), 2014 AACS Spring Management Conference
•Speaker, Protecting Educational Records at School and in the Cloud, 2014 AACS Legal Seminar
•Speaker, Cybercrime and Your Legal Liabilities, 2014 Webinar
•Speaker, New Telemarketing Consent Rules under the TCPA, AACS 2013 Annual Conference, November 2013
•Speaker, The Business Cyber Liability Luncheon Nov. 2013 German American Chamber of Commerce Luncheon
•Speaker, Protecting Your Rights in a Digital Age 2013 AACS Spring Management Conference
•Speaker, Cyber, Privacy and Social Media Risks: How to Survive in the Digital Age Sept. 2013 Duane Morris and BB&T Breakfast Briefing
•Speaker, Social Media: Dancing on the Edge of a Volcano Nov. 2012 Duane Morris and BB&T Breakfast Briefing
•Speaker, Share on the Inside, Protect on the Outside: Best Practices for IP Protection in the Age of Social Networking 2011 LES Annual Meeting
•Speaker, Misrepresentation Rule and Third Party Vendors 2011 APSCU Webinar
•Speaker, Internet Highway Robbery: Protect Your Domain, Trademarks, & Copyrights from Cyberthieves, 2008 CCA Annual Convention
•Speaker, Katie Bar The Door! Protecting Yourself From Privacy Problems & Internet Scoundrels, 2008 AACS Spring Management Conference
•Speaker, Proprietary Information, Idea Ownership, and Copyrights, International Special Events Society San Diego Chapter meeting, San Diego, California, November 20, 2008
•Co-author, Student Data Protection in an Era of Education Technology Innovation, Duane Morris Alert, August 7, 2015
•Co-author, Postsecondary Institutions Subject to the New Federal Gainful Employment Rule Have Until July 31, 2015, to Complete Reporting of Data to U.S. Department of Education, Duane Morris Alert, July 27, 2015
• Protecting Your School from Cybercrime and Inadvertent Data Breaches, Career Education Review, April 2015
• Sunrise Periods for First Wave of gTLDs Are Now Open, Duane Morris Alert, December 9, 2013
• New TCPA Rules Effective October 16, 2013, Duane Morris Alert, September 2013
•Michelle Donovan, Eric Sinrod, Jeff Redman, Share on the Inside, Protect on the Outside: Best Practices for IP Protection in the Age of Social Networking, LES Insights 2011 Dec 19
•Taming the Wilde, Wilde West of Lead Generation, Career Education Review, Oct. 2010
•Shi Y, Hon M, Evans RM., The peroxisome proliferator-activated receptor delta, an integrator of transcriptional repression and nuclear receptor signaling, Proc. Natl. Acad. Sci. U.S.A. 2002 Mar 5;99(5):2613-8.
•Shi Y, Downes M, Xie W, Kao HY, Ordentlich P, Tsai CC, Hon M, Evans RM., Sharp, an inducible cofactor that integrates nuclear receptor repression and activation, Genes Dev. 2001 May 1;15(9):1140-51. (Also at Palo Alto and San Diego Offices)