Erik Swen Syverson
Erik S. Syverson is a business litigation and trial lawyer specializing in internet and digital media issues. Erik is one of America's leading internet and technology attorneys. In addition to his extensive litigation and trial experience, national news media organizations frequently turn to Erik for analysis of contemporary internet law issues including CNBC, FOX NEWS, THE HUFFINGTON POST and CNN. Mr. Syverson was named a "Rising Star" by Super Lawyers magazine in 2012 and 2013 — a distinction given to less than 2.5 percent of attorneys in California.
Erik handles litigation related to digital media, advertising and intellectual property rights for public and private companies. His cases often involve cutting edge business models that require innovative strategies and solutions. Erik's recent successes include:
- Representation of a class of internet pay per click advertisers on IAC/Interactive Corp.'s network. Obtained certification of the national class and secured a seven figure settlement shortly thereafter.
- Defended an outdoor advertising company at trial on a multi-million dollar breach of lease claim by a national automobile dealership. Obtained a complete defense verdict and secured a seven figure award of attorney fees which was upheld on appeal.
- Currently defending one of the world's largest internet service providers from contributory counterfeiting and trademark infringement claims brought by a consortium of European luxury goods manufacturers including Cartier and Montblanc. Plaintiffs seek in excess of $60,000,000 in damages.
- Successfully defended an anonymous shareholder in a publicly traded company from multi-million dollar claims for theft of trade secrets. The shareholder had been critical of the company's management on various internet forums. When the company attempted to obtain the shareholder's personally identifiable information from internet service providers, Erik successfully quashed subpoenas and the Court awarded Erik's client all attorney fees and costs.
- Obtained a dismissal of a lawsuit related to a real estate dispute filed against Erik's client based upon conduct protected by the litigation privilege. Utilized California's anti-SLAPP statute to obtain the dismissal and obtained an award of attorney fees for his client.
- Obtained a judgment in the District Court of Nevada in excess of $1,000,000 for a private equity firm that had been fraudulently induced to invest in a metals recycling firm.
- Defended national newspaper from claims of copyright infringement by photo agency seeking in excess of $1,000,000 in damages. After conducting discovery and advancing a fair use defense, Erik forced the plaintiff to enter into a settlement on favorable terms.
- Obtained several judgments and settlements on behalf of C-Suite executives and companies for internet based defamation. Often securing six figure settlements or higher and complete removal of online defamatory content.
- Defended global affiliate network from trademark infringement claims advanced by national pay day lender. Plaintiff sought damages in excess of $5,000,000. After conducting limited discovery, Erik negotiated a consent judgment whereby Erik's client paid no damages and obtained a dismissal with prejudice.
- Currently defending a real estate investor from claims in excess of $400,000,000 for a failed real estate venture based in Chicago.
Erik litigates and advises internet service providers with regard to federal and state statutes such as the Communications Decency Act, the Digital Millennium Copyright Act, the Anticybersquatting Consumer Protection Act, the Consumer Fraud & Abuse Act, the Lanham Act, California’s Internet Impersonation Act, the Computer Fraud Act, the Wiretap Act, and the Stored Communications Act.
In a number of cases, Erik has successfully defended a number of well-known social networks and highly trafficked user-generated content sites by invoking the Communications Decency Act and the Digital Millennium Copyright Act. His successful application of such defenses and immunities has resulted in numerous early dismissals or favorable settlements of lawsuits for defamation and intellectual property infringement.
Erik has engaged in complex litigation involving some of the world's largest technology companies including Google, Yahoo, Microsoft, and IAC/Interactive Corp. Through such actions, Erik has developed expertise regarding the scope and application of interactive computer service provider immunity under section 230 of the Communications Decency Act.
Erik frequently handles cases arising under the Lanham Act including claims related to trademark and counterfeiting contributory liability for internet service providers. Erik also represents national consumer brands in the food and apparel industries in enforcement actions for infringement and dilution claims.
Erik has represented dozens of corporate executives, entertainers and high net worth individuals in internet defamation cases. In such cases, Erik provides a comprehensive strategy focused upon unmasking the source of anonymous internet defamation by utilizing the litigation process to remove false information from the internet. Erik’s efforts have resulted in numerous confidential settlements providing for monetary damages and the permanent removal of defamatory internet content.
Erik graduated from Loyola Law School in 2002 and earned his undergraduate degree from the University of Michigan in Ann Arbor, Michigan. He is a member of the California State Bar's Cyberlaw Committee and frequently conducts MCLE classes for law firms and in-house legal departments on a range of internet law issues.
Areas of Practice
- Business & Commercial Law
- U.S. District Court Central District of California
- U.S. District Court Northern District of California
- U.S. District Court Eastern District of California
- U.S. Court of Appeals 9th Circuit
- Loyola Law School, Los Angeles, California
- Juris Doctor - 2002
- University of Michigan
- B.A. - 1994
- "Is Social Media Entitled to Trade Secret Protection?", Daily Journal, February 13, 2012
- “Internet Defamation and Reputation Management” , Speaker, Thomson Reuters, West Legal Education Center, December 13, 2011
- “Is Farmville Just a Game, or Big Brother in Disguise?” , Huffington Post, October 22, 2010
- “The Coming Wave of Social Media Class Actions” , Huffington Post, September 2, 2010
- Fox News Internet Law Expert, Over Ten Television Appearances
Professional Associations and Memberships
- California State Bar Cyberlaw Committee
- Beverly Hills Bar Association
- Los Angeles County Bar Association
- American Bar Association