Biography & Experience

Litigation Experience

Intellectual Property Experience

Transactional Experience

Professional Admissions

Professional Activities

Honors & Awards

Judicial Clerkships

Jennifer A. Klear specializes in media and entertainment counseling and transactions with expertise in pre-broadcast and pre-publication review, licensing, trademark, copyright, development agreements, rights of privacy and publicity, and libel.  Jennifer has over 20 years’ experience representing television productions companies, publishers, authors, journalists, start-up companies and other content creators.  Prior to founding her solo-practice, Ms. Klear worked for seven years as a Litigation Associate at Drinker Biddle & Reath LLP followed by two and a half years in the Business and Commercial Litigation department of Gibbons P.C.

EXPERIENCE

Litigation

Ms. Klear has handled numerous State and Federal commercial litigations for several Fortune 500 companies, including two national telecommunications companies. She also has broad-based complex commercial litigation experience having litigated contract, employment, trademark, copyright, and patent issues.

First Amendment Counseling and Litigation

Ms. Klear has counseled production companies, broadcasters, journalists, newspapers, and online companies on pre- broadcast pre-publication review, defamation and free speech matters in print, Internet, and broadcast. Her experiences include assertions of First Amendment privileges and cases involving student speech, political speech, and reasonable time, place, and manner restrictions. Some specific highlights include:

• Successfully litigated negligent broadcast case on behalf of national broadcast company with an online presence.
• Won appeal before the New Jersey Supreme Court on behalf of the American Civil Liberties Union of New Jersey asserting a state constitutional and common law right to videotape public town council meetings.
• Negotiated retraction of defamatory statements published in an online news publication about an international lawyer representing a foreign dignitary.
• Successfully advocated the right of an elementary school student to sing a religious song at an after school sponsored talent show in a winning amicus curiae brief adopted by the U.S. District Court of New Jersey.
• Assisted former Third Circuit Court of Appeals Judge in preparing a national broadcasting company’s appellate counsel for oral argument on an appeal of a Federal Communications Commission decision imposing fines for an alleged indecent broadcast.

Intellectual Property & Technology Counseling and Litigation

Jennifer has counseled clients on the protection and enforcement of their copyright and trademark rights, as well as use of third-party content. She frequently files trademark applications and maintenance on behalf of clients and has litigated several trademark and patent infringement cases in federal court. Some of her noteworthy representations include:

• Successfully protected client’s portfolio of trademarks through arbitration of domain name and trademark disputes under the Uniform Domain Name Dispute Resolution Policy.
• Counsel online marketing company and gaming magazine regarding copyright, trademark, advertising, and marketing issues.
• Advised Fortune 500 companies on the legal risks associated with creating blogs and podcasts, as well as social networking by addressing privacy concerns and the scope of protection afforded by the Communications Decency Act, the Digital Millennium Copyright Act, and relevant employment laws.

Transactional Experience

Jennifer’s broad experiences include reviewing and negotiation of industry-specific agreements and settlement agreements on behalf of a television production companies, online magazine, authors, music artist management company, telecommunications companies, technology companies, and various U.S., foreign and multi-national corporations. Specifically, she has:

• Drafted above the line and below the line documents for television production company, including development agreement, talent agreements (AFTRA and non-AFTRA), releases and licenses.
• Drafted and reviewed co-author collaboration agreements and option purchase agreements.
• Reviewed various licensing and distribution agreements for the resale of music internationally, as well as management agreements with musicians.
• Reviewed service, consulting, and volume-based contracts involving web-hosting and telecommunications services.
• Drafted and negotiated numerous settlement agreements resolving intellectual property and commercial litigations.

Education

Rutgers University School of Law (J.D., 2000)

Lead State Constitutional Law Editor, Rutgers Law Journal

Emory University (B.A., 1997)

Professional Admissions

State of New York

State of New Jersey

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States District Court for the District of New Jersey

Professional Activities

Co-Chair, New York County Lawyers Association, Entertainment and Media Law Subcommittee of the EMIPS (Entertainment, Intellectual Property & Sports Law) Committee

Member, New York City Bar (Communications & Media Law Committee)

Pro Bono Volunteer, The American Civil Liberties Union of New Jersey

Board member, Highbridge Community Life Center

Legal Networking Chair, Emory University Alumni Association, New York City Chapter

Honors & Awards

Outstanding Volunteer of the Year, Volunteer Lawyers for Justice, 2003

Judicial Clerkships

Law clerk to the Honorable Richard Newman, Senior Judge, Superior Court of New Jersey, Appellate Division

Judicial Intern to the Honorable Joseph H. Rodriguez, United States District Court for the District of New Jersey