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Peter D. Kennedy

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Appellate Law, Intellectual Property, Internet and Information Security, Media, First Amendment and Public Access, Technology, Trial Litigation

Direct Phone: 512.480.5764

Direct Fax: 512.536.9908

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For almost twenty years, Pete Kennedy has practiced at the intersection of law and emerging technologies, communications, intellectual property and constitutional limits on governmental regulations. He first earned national attention in 1993 as lead trial lawyer for Austin-based Steve Jackson Games in a successful lawsuit against the United States Secret Service, helping establish limits on the government's right to seize email. He has represented an array of clients in a wide variety of matters, from complex commercial disputes to matters involving technology, intellectual property, publishing, free speech and constitutional law. Additionally, Pete has developed a unique specialty representing companies and individuals accused of the unauthorized practice of law.

Pete is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.


Nature of Practice:

  • Litigation in state and federal trial and appellate courts
  • Internet and communications
  • Copyright, trademark, trade secret and intellectual property protection, enforcement and litigation
  • Libel defense, defamation, business disparagement, invasion of privacy, media law
  • Constitutional litigation, including First Amendment free speech, religion, taxation and civil rights claims
  • Unauthorized practice of law and legal ethics
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PROFESSIONAL QUALIFICATIONS

Admitted to the bar, 1988, Texas.

Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization

Court Admissions:

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth, Sixth and Seventh Circuits
  • U.S. District Court for the Western, Northern, Eastern and Southern District of Texas

Education:

  • Southwestern University (B.A. magna cum laude, 1985)
  • University of Chicago School of Law (J.D., 1988)
    • Associate Editor, University of Chicago Law Review
    • Member, Mandel Legal Aid Clinic

Experience:

  • Law Clerk to Thomas A. Fairchild, Senior Judge, United States Court of Appeals for the Seventh Circuit, 1988-1990
  • Associate, Graves, Dougherty, Hearon & Moody, 1990-1992
  • Associate and Partner, George & Donaldson, 1992-2004
  • Adjunct Professor, University of Texas School of Law, 1999-2002, taught Free Speech and the Internet seminar
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REPRESENTATIVE EXPERIENCE

  • Trade secret and copyright litigation: Represented internet banking company alleging theft of trade secrets and unauthorized access to computer network; Represented computer chip equipment manufacturer in trade secret theft suit against parts fabricator.
  • Computer privacy and internet litigation: Represented operator and users of computer systems in lawsuits against government officials for unauthorized computer seizures. Guest v. Leis, 225 F.3d 325 (6th Cir. 2001); Steve Jackson Games, Inc. v. United States Secret Service, 816 F. Supp. 432 (W.D. Tex. 1993), aff’d, 36 F.3d 457 (5th Cir. 1994).
  • Spyware: Represented ex-employee in lawsuit against former employer for clandestine installation of computer spyware and use of intercepted electronic communications.
  • Music copyright: Represented a variety of national, regional and local artists and record labels in prosecuting and defending claims of music copyright infringement.
  • Libel/media defense: Represented local, regional and national print and broadcast companies in the defense of libel, business disparagement, invasion of privacy, incitement and related claims. Pete also assists print and electronic publishers and broadcasters in liability risk assessment and prepublication review.
  • Open records/open government: Represented legal self-help publisher in original action before Texas Supreme Court resulting in the opening to public scrutiny operations of the Texas Unauthorized Practice of Law Committee. Nolo Press v. Unauthorized Practice of Law Committee, 991 S.W.2d 768 (Tex. 1999). Assists companies in protecting trade secrets from disclosure under the Freedom of Information Act and the Texas Public Information Act.
  • Unauthorized practice of law: Represents national and local companies and individuals in investigations and litigation involving allegations of the unauthorized practice of law.
  • Arbitration: Successfully enforced consumer arbitration agreement on behalf of computer manufacturer. Smith v. Gateway, Inc., 2002 WL 1728615 (Tex. App. – Austin 2002, no pet.).
  • Religious freedom: Won trial and appellate victory securing religious tax exemption for nontheistic religious congregation. Strayhorn v. Ethical Society of Austin, 110 S.W.3d 458, (Tex. App. – Austin 2003, pet. denied).
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PROFESSIONAL AFFILIATIONS

  • Member, American Bar Association, Austin Bar Association, Fifth Circuit Bar Association.
  • Board of Councilors, Texas Civil Rights Project.
  • Member, Attorney General of Texas HIPPA Preemption Analysis Task Force, 2003-04.
  • Co-Chair, ABA Subcommittee on Interactive Services, 1996-1997.
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AWARDS AND HONORS

Listed in The Best Lawyers in America® published by Woodward/White, Inc., Commercial Litigation (2009-2012), Litigation - First Amendment (2005 - 2012), Litigation - Intellectual Property (2012)

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Publications and Presentations

  • Law Seminars International, Wine Law, “Advertising Law for Wineries,” October, 2010.
  • "Internet Libel – The Anonymous Writer and the Online Publisher," 52 The Advocate, p. 59 (Fall 2010). 
  • University of Texas, Technology Law Conference, "Digital Millennium Copyright Act Practice Guide," May, 2008
  • Austin Bar Association Bench-Bar Conference, "The Reporter's Privilege," May, 2008
  • State Bar of Texas, Causes of Action, "Libel," April, 2008
  • University of Texas, Computer and Technology Law Conference, "Cyber Torts," June, 2005
  • University of Texas, 17th Annual Computer and Technology Law Institute, "Unauthorized Practice of Law by Computer," May, 2004
  • University of Houston Law Center, 16th Annual Computer & Information Law Conference, “Malpractice Risk From Lack of Technical Knowledge,” October, 2002
  • University of Texas, 14th Annual Computer Law Conference, “Liability Risks for Law Firms,” May, 2001
  • University of Texas, 13th Annual Computer Law Conference, “Malpractice by Lack of Technical Expertise,” May, 2000
  • University of Texas, 12th Annual Computer Law Conference, “Key Ethics, Professional Responsibility, and Malpractice Issues for Technology Lawyers,” (panel) May, 1999
  • University of Texas, 11th Annual Computer Law Conference, “Web Site Due Diligence,” May, 1998
  • Travis County Bar Association, Technology and the Law Seminar, “Electronic Discovery and Electronic Evidence,” December, 1997
  • University of Texas, 10th Annual Computer Law Conference, Communicating and Conducting Business Online, “Communicating with Clients On-Line: Confidentiality, Privilege, and Authentication, May, 1997
  • University of Texas, School Law Conference, “Computers and the Schools: Some Legal Issues and Non-Issues,” March, 1997
  • Lawyers On-Line: What are the Obligations and Risks? 6 Austin Lawyer 14 (Fall 1997) with J. Roger Williams, Jr.
  • The Supreme Court and Cyberspace: Pending Challenges to the Communications Decency Act, Communications Lawyer, Vol. 14, No. 3 (Fall 1996)
  • Publishing on the Internet: Protections and Pitfalls, 4 Texas Intellectual Property Law Journal 33 (1995) with James A. Hemphill
  • Symposium: First Amendment and the Media: Regulating Interactive Communications on the Information Superhighway, 5 Fordham Intellectual Property, Media & Entertainment Law Journal 279, 329 (1995)
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