Articles by Thomas
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Small- and Mid-Sized Business Loans/Grants Under the CARES Act: What Every Business Owner Needs to Know Now.
Small- and Mid-Sized Business Loans/Grants Under the CARES Act: What Every Business Owner Needs to Know Now.
On Friday, March 27, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”)…
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High Court Review an Ominous Sign for “Patent Trolls”
High Court Review an Ominous Sign for “Patent Trolls”
If you were asked to name the leading hubs of American invention, it is doubtful that Marshall, Texas, population…
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Web Sites Containing Third Party Content Should Register Now for Copyright Safe Harbor
Web Sites Containing Third Party Content Should Register Now for Copyright Safe Harbor
In 1998, Congress passed the Digital Millennium Copyright Act to address some of the copyright law issues that had…
Activity
4K followers
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Thomas Peistrup shared thisToday, the U.S. Supreme Court issued a seminal opinion in Cox Communications, Inc. v. Sony Music Entertainment. Opinion here: https://lnkd.in/gPNQ6ckv. By a 9–0 majority, the Court reversed a $1 billion judgment against Cox, holding that an ISP cannot be held contributorily liable for copyright infringement “for merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights.” In an opinion authored by Justice Thomas, the Court emphasized that a service provider may be found to induce infringement only if it “actively encourages [that] infringement through specific acts” (citing Grokster). “[M]ere knowledge that a service will be used to infringe is insufficient to establish the required intent.” The Court’s reasoning builds on Sony v. Universal Studios (the 1984 Betamax case), which established that the seller of a technology provider may face contributory liability where its product is not capable of “substantial” or “commercially significant” noninfringing uses. That principle drove the result in Grokster. Here, by contrast, “Cox did not tailor its service to make copyright infringement easier. Cox simply provided Internet access, which is used for many purposes other than copyright infringement.” The case highlights a persistent practical challenge in protecting intellectual property in the digital environment. As the Court noted, during the relevant two-year period, the MarkMonitor enforcement service (later part of OpSec Security) sent more than 163,000 infringement notices to Cox, each documenting suspected violations of client copyrights. At that scale, pursuing individual infringers is impractical. As a result, rightsholders have long focused on secondary liability theories -- both vicarious (participatory) and contributory -- targeting service providers embedded in the infrastructure of the internet. Practitioners attemptuing to protect IP rights through outreach to these providers are well-aware of their recalcitrance. Today’s ruling makes that path meaningfully narrower.
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Thomas Peistrup shared thisThe 2024 edition of California Intellectual Property Laws has just been published by Matthew Bender and is now available through LexisNexis. Deepest thanks to Laura M. King, Ph.D., J.D. for her collaboration and to Deneil C. Targowski at Lexis-Nexis for her infinite patience in riding herd. We have now worked together on this project for eight years, and I appreciate both of you so much! https://lnkd.in/gdwGgUa2 #intellectualproperty #trademark #patent #californialaw
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Thomas Peistrup shared thisGreat Business Insider video interview of Rob Holmes concerning the business of counterfeiting luxury goods. https://lnkd.in/g4hhgukP #intellectualproperty #trademarkinfringement #counterfeitHow Counterfeit Rolexes Actually Work | How Crime Works | InsiderHow Counterfeit Rolexes Actually Work | How Crime Works | Insider
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Thomas Peistrup shared thisIt was great to connect with friends, new and old, at this year’s TechGC, including Glassdoor GC Annie Khalid (pictured), and many, many others, including Yang Ye, Randall Cook, Mukunda Raghavan, Irina Slavina, Mark Aldrich CIPP/E CIPP/US, Nick Snow, Carlos Torres, Dan Kuninsky, Nima Seyedali, Jose Lopez, QuynhChi P. Nguyen, Andrew Woods, Rani Gupta, David Lancelot, Justin Silver, Nicolas Thakar, John Pingel, Tyler Finn and many more. Thanks to Greg Raiten everyone at TechGC for a great get-together!
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Thomas Peistrup shared thisBig news day: OpSec Security to be acquired by Crane NXT.Thomas Peistrup shared thisWe are pleased to share that Crane NXT has announced it has signed a definitive agreement to acquire OpSec Security. Crane NXT is a trusted partner to governments and leading brands worldwide and offers unique technologies that deliver enhanced solutions to secure, detect, and authenticate their customers’ most important assets. “We are thrilled to be joining forces with Crane NXT to continue to accelerate our growth,” said Dr. Selva Selvaratnam, Chief Executive Officer of OpSec Security. “Together, we will be even better positioned to help our customers realize the value and ensure the integrity of their physical and digital brand portfolios, from products and content to trademarks and trust. We are extremely grateful to Investcorp for its tremendous support as we’ve scaled our business, and we look forward to building on this momentum in the years ahead.” Read the press release: https://lnkd.in/ebQDw9TH
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Thomas Peistrup shared thisToday, the Fourth Circuit Court of Appeals issued its opinion on the appeal of Sony Music Entertainment v. Cox Communications, a copyright case in which a “jury found Cox liable for both willful contributory and vicarious infringement of 10,017 copyrighted works owned by Plaintiffs and awarded $1 billion in statutory damages.” [p. 4.] The court “affirm[ed] the jury’s finding of willful contributory infringement[, but …] reverse[d] the vicarious liability verdict,” holding that the Plaintiffs had not proven that Cox had profited from its subscribers’ acts of infringement. [p. 4.] Because the jury did not apportion damages between the two claims, the court vacated the award and remanded for a new trial on damages. [p. 24.] No comment on the case and to the extent that the foregoing description contains any opinions, they are entirely my own and not to be imputed to any other person or entity. #copyrightinfringement #copyrightlaw #copyright
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Thomas Peistrup shared thisWhile not receiving as much ink (sorry) as another jury verdict in the news today, a Los Angeles jury found that celebrity tattoo artist Kat Von D did not infringe the copyright in a Miles Davis photograph. Background by Aaron Moss: https://lnkd.in/gNMjAFaJ. #copyright #intellectualproperty https://lnkd.in/gxJAnAR9Kat Von D wins trial over unlicensed use of Miles Davis photo for tattooKat Von D wins trial over unlicensed use of Miles Davis photo for tattoo
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Thomas Peistrup shared thisPress release for OpSec Group's acquisition of fashion and apparel company Global Trim. https://lnkd.in/gMpxTRvSOpSec Group Announces the Acquisition of Global TrimOpSec Group Announces the Acquisition of Global Trim
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Thomas Peistrup shared thisThanks to Future Forums for inviting me to take part in today’s GC Innovation Forum. Thanks also to my fellow panelists Akin Adekeye Roberto F. F. Roxana Mehrfar Jamshidi and Shavon J. Smith for such an insightful discussion!Thomas Peistrup shared thisAaaand.... that's a wrap 🎉 Thank you to everyone who attended and participated in the GC Innovation Forum LA today! We hope to see you again in New York, December 14: https://lnkd.in/eKsh_kfU #GC #GeneralCounsel #inhouselegal
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Thomas Peistrup liked thisThomas Peistrup liked thisThe U.S. Navy has given us the first look at Blackbeard hypersonic strike missiles under the wings of F/A-18E/F Super Hornets during actual flight testing. The Navy is hoping to have Blackbeard in at least limited service no later than 2028, giving its carrier air wings an all-new fast-flying standoff weapon, particularly for engaging enemy ships. Read our full story here: https://lnkd.in/eG86X2iW
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Thomas Peistrup liked thisThomas Peistrup liked thisEveryone hired for "AI Engineers" this year. Few hired for AI FinOps Engineers (ie. AI cost engineering). That's about to change, I believe. The Pragmatic Engineer, Gergely Orosz notes in a recent blog post (**link in comments**) that Uber just cut its AI cost per session by 52%. AT&T cut its AI bill by 56%. Pinterest is running some workloads at 8% of the cost of frontier models. These companies all just published very different numbers with the same story underneath: teams that treat model selection, routing, and context management as a real discipline are cutting AI spend 30-90%+ without giving up quality. None of this happened by accident. It happened because someone on the team knew how to: ➡️ Route requests to the cheapest model that can actually do the job ➡️ Benchmark open-weight models against frontier ones, every week, on real work ➡️ Cache prompts and compact context before costs spiral ➡️ Know when "good enough" beats "best available" Here's my not-so-hot take. Six months ago, this wasn't a job, it was a line item nobody wanted to own alongside the company-wide AI enablement efforts that preceded it. As if HR/People Ops functions didn't already have enough on their plate in the year of our lord 2026 🫠😅 The pattern is familiar. In 2022, cloud costs went from afterthought to board topic, and a whole FinOps hiring wave followed. AI spend is following the same curve, just faster. The skills showing up in these case studies: ✨ Benchmarking open vs. frontier models on your own workloads, continuously ✨ Building or tuning model routers (LiteLLM and similar) ✨ Prompt caching and context optimization at scale ✨ Setting and enforcing usage guardrails without killing productivity None of this is "prompt engineering" in the 2023 sense. It's closer to infra/platform work with a cost lens. Similar to the rise of the Forward Deployed Engineer, I think the AI FinOps Engineer (or whatever title the industry lands on) is poised for a similar ascension. 💰 There's a reason OpenRouter was acquired last month by Stripe for $7.5B to expand its infrastructure into the token economy. At just around 90 employees, the deal averages out to an astonishing valuation of ~$83.3 million per employee. Watch this space as AI spend starts being scrutinized by more businesses across the spectrum. Curious whether recruiters + eng leaders here are already seeing this show up as a distinct req or if it's still hiding inside an existing AI role. #LLMOps #EngineeringLeadership #TalentAcquisition #AIStrategy #Hiring
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Thomas Peistrup liked thisToday is a special day. I built Tractiv in 2020 as a centralized immutable data tracking/transfer company where we deliberately chose to build without consensus to avoid the cost, complexity, and latency of blockchain. Technically that was right, our product kicked ass, but the market wasn't ready to buy yet. In the last 6+ years both halves of that equation have moved. Blockchain tech providing instant access and settlement is more relevant, verification no longer requires moving the underlying data, and stablecoins have crossed $300b in float. AI is not an accelerant but a requirement, but not in the way most companies are looking at the intersection of AI and Finance. Tradfi markets are going 24/7/365 which demand constant access to product, liquidity, and utility. As a result, the fastest growing balance sheets in the world are onchain. #Stablecoins turn dollars into software, and #onchain credit markets will turn that float into lending capacity. I believe both will compound exponentially. That is the design of O2O Capital Partners. Stablecoin managers and institutional Bitcoin holders hold the largest pools of capital looking for yield that has nothing to do with crypto price action/volatility. Banks, post Basel III, need fund finance risk off their balance sheets. #Vault infrastructure connects the two, and it has to show up with the security, privacy, and compliance requirements institutions already expect. Extremely excited to be building this next generation infrastructure with Stephen McConville and Peter Gaffney. Our tech stack will be built by the rockstar devs in LATAM at Ancient led by Emiliano Cambiassi and Fermin Castrejon. https://lnkd.in/e2PkVt-DThomas Peistrup liked thisToday we're launching O2O Capital Partners to move $1T of bank balance sheet risk onto the fastest growing capital base in the world. Banks hold over $1T in private market fund finance loans they are structurally incentivized to sell. Post-Basel III, holding these loans costs them up to 6x more equity, which catalyzed the rise in private credit funds and alternative non-bank lenders. Meanwhile, more than $600B in onchain capital is looking for yield that has nothing to do with crypto price action. O2O Capital Partners connects the two in the format both sides of the equation require. We work with Tier 1 banks to deliver short-duration investment grade yield to institutional onchain allocators through a DeFi-composable regulated vault. Stablecoin managers, institutional Bitcoin holders, Digital Asset Treasury Companies, vault curators, and protocol treasuries get non-crypto-correlated yield. Blue-chip banks maintain their role as underwriter and lender of record while gaining an access point to the growing onchain economy. We are excited to accelerate onchain finance and expand DeFi beyond crypto with quality real-world assets. Please reach out to Stephen McConville, Peter Gaffney, and Drew Orsinger for more information.
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Thomas Peistrup liked thisThomas Peistrup liked thisHuge milestone for the team at Etcheded: a $300M Series C at a $10.3B valuation, led by Sequoia, with participation from @a16z, Jane Street, Diffusion, and SK Hynix. 👇🏼 Here's why I think this matters. Serving production inference at scale isn't just about a chip. It requires extreme co-design across chips, packaging, interconnects, racks, software, manufacturing, and supply chain. Etched is the only company designing that entire system end-to-end. Most hardware companies build serially: first the chip, then the rack, then the software, and finally the production scale-up. Etched developed all of them in parallel, building its first product in under three years when peers took seven or more. That parallelism isn't a shortcut. It's the thesis. Inference has become a fundamental bottleneck for AI, and the unit economics won't work without step-change improvements in hardware. The companies that win won't optimize a single component; they'll design the entire system as one. Two new computing paradigms anchor Etched's approach: Low Voltage Inference (LVI) and Cluster-Scale Memory (CSM). Together, they are designed to improve power and cost efficiency while reducing latency. These advantages are made possible by co-designing the full stack rather than tuning its parts in isolation. The result is a rack-scale system built to run many kinds of models, including sparse MoEs and SSMs, with both prefill and decode handled in a single system. Congrats to the entire Etched team. The product launches later this summer, and I'll be watching closely. 🚀
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Thomas Peistrup liked thisI’m incredibly honored and grateful for the opportunity to speak at the 2026 Put Data First Summer Bash this July in Newport Beach. Data, AI, and eDiscovery are evolving faster than ever, and I’m excited to join such an impressive group of leaders for candid conversations around responsible AI adoption, data governance, and the real-world challenges organizations face as they navigate this rapidly changing landscape. At Lucent Discovery, we see firsthand how critical data quality, defensible workflows, and thoughtful information governance are to successful legal and business outcomes. I’m looking forward to sharing our perspective, learning from others, and bringing back valuable insights to our clients and partners. A sincere thank you to the organizers for the opportunity. Looking forward to connecting with fellow attendees and contributing to these important discussions. See you in Newport Beach! #PutDataFirst #AI #DataGovernance #eDiscovery #LegalTech #ResponsibleAI #InformationGovernance #LucentDiscovery #BeBrilliantThomas Peistrup liked thisWe're proud to share that Elijah Rosenfeld will be speaking at the 2026 Put Data First Summer Bash, taking place July 13-14 at the Lido House in Newport Beach, CA. This invite-only gathering brings together AI leaders, Chief Data Officers, CISOs, and legal & compliance executives for candid roundtable discussions on data governance, responsible AI adoption, and the real-world challenges of enterprise AI implementation. Elijah will be joining a roster of thought leaders tackling the conversations shaping the future of data and AI — and we're excited to bring Lucent Discovery's perspective on data quality and eDiscovery to the table. Catch us there, or follow along for highlights from the event. #PutDataFirst #SummerBash2026 #AI #DataGovernance #eDiscovery #LucentDiscovery
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Thomas Peistrup liked thisThomas Peistrup liked thisCongratulations to Kyla Cook for graduating from Caltech with a BS in Mechanical Engineering and a minor in Aerospace Engineering. Caltech is a remarkable center of science and engineering, with graduates who have learned to think deeply, work collaboratively, persevere and successfully tackle the hardest challenges. Even Kip Thorne, a Nobel Laureate and graduation speaker this year, humbly admitted to struggling academically in his freshman and sophomore years at Caltech, so you and your classmates should be proud of your accomplishments and your potential to contribute to the world in major ways. Also, a thank you to Kyla’s thoughtful and encouraging academic advisor, John Dabiri, along with Kyla’s professors and the teaching assistant opportunities they provided. I have worked with many incredible Caltech graduates over the years, including William Gustafson, Bob Cull, Todd Gottula, Justin Warner and Tim Nelson, so it is great to see Kyla joining that crew of other Caltech graduates that I respect.
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Thomas Peistrup liked thisThomas Peistrup liked thisA thought leader is someone who consistently brings fresh, credible perspectives to a field, shaping how others think and act rather than simply echoing consensus. They connect trends, data, and experience into clear narratives, and their value lies in helping others see around corners – not in making basic “yes or no” decisions that are already framed by clear opportunities and risks. It is an overused phrased in many verticals and market segments. Applying for a dotBrand TLD is one of those decisions that doesn’t really require thought‑leadership‑level debate, at least not now with an opportunity that is open for just over 50 days. It requires recognising this a finite window and acting before it closes. You don’t need a visionary manifesto to justify securing your own space at the top level of the DNS, you need pragmatism and urgency. The bigger risk isn’t making the bold move to apply, it’s hesitating until the application window shuts or a competitor with a similar name claims the namespace first. In this case, “waiting for more thought leadership” is just a sophisticated way of saying “we missed our chance.” #dotbrands #tlds
Experience & Education
Publications
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Another Blow To Calif. Plaintiffs In Class Actions
Law360
See publicationReport and analysis of order by Judge Audrey B. Collins of the Central District of California dismissing a class action brought by a consumer who claimed to have been misled into purchasing a dietary supplement. The order applied the requirements for Article III standing in the context of a motion for summary judgment, and underscores that district courts need not accept at face value the perfunctory factual allegations often found at the heart of consumer class actions at the pleading stage.
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Dying for a SLAPP-Down: The Tamkin Case as a Rebuke of Dyer v. Childress
American Bar Association, Communications Lawyer
See publicationIn the nearly twenty years since California enacted its landmark anti-SLAPP statute, there has been continuing tension between the legislative direction to apply anti-SLAPP protections expansively and periodic judicial skittishness, primarily in the lower courts, tending to apply the statute with undue stinginess. One recent important example is reflected in the distinction between the narrow 2007 opinion of Dyer v. Childress and the considerably more broad (and more appropriate) recent…
In the nearly twenty years since California enacted its landmark anti-SLAPP statute, there has been continuing tension between the legislative direction to apply anti-SLAPP protections expansively and periodic judicial skittishness, primarily in the lower courts, tending to apply the statute with undue stinginess. One recent important example is reflected in the distinction between the narrow 2007 opinion of Dyer v. Childress and the considerably more broad (and more appropriate) recent decision in Tamkin v. CBS Broadcasting, Inc. As discussed in the article, Tamkin does not formally overrule Dyer, but in effectively limiting Dyer to the specific facts in that case, Tamkin underscores the broad applicability of the anti-SLAPP statute in an entertainment context.
Tamkin is significant to media law practitioners for two discrete reasons: First, in its rebuke of Dyer, it properly redirects the initial inquiry as to the applicability of the anti-SLAPP statute to the defendant’s expressive activity, as opposed to the plaintiff’s alleged harm. Second, the Tamkin opinion explicitly recognizes that the film and television (pre-publication) production process is both an act “in furtherance of” constitutional expression, as well as itself a matter of public interest for purposes of the anti-SLAPP statute. -
California Intellectual Property Laws (annually updated) (2017 - present)
Matthew Bender Elite Products (a LexisNexis Imprint)
Includes complete and fully updated provisions of all relevant California and federal intellectual property statutes with expert commentary as well as annotations to key cases and secondary sources.
Other authorsSee publication -
Intellectual Property Counseling and Litigation, Chapter 16, “Intellectual Property Protection of E-Commerce” (annually updated) (2026 - present)
Matthew Bender Elite Products (a LexisNexis Imprint)
See publication"Intellectual Property Counseling and Litigation" is built to give the general practitioner a tool to in advising clients on various aspects of IP law. Each chapter of the treatise covers a specific area of IP law in a way that someone unfamiliar with that area can quickly get up to speed and advise clients. Each chapter is written by an expert in that area of IP law and not only provides a general overview of that area, but also gives insights that only come with years of practical experience.
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Intellectual Property Enforcement in the Digital World (annually updated) (2022 - present)
Matthew Bender Elite Products (a LexisNexis Imprint)
"Intellectual Property Enforcement in the Digital World" explains the legal implications of the Internet’s infrastructure and teaches you how to look for and interpret the evidence. The chapters are organized by type of problem instead of by legal topic. Many legal professionals can identify a problem in a general way (i.e., as defamation or counterfeiting), but may not be able to identify the wide range of interdisciplinary laws needed to resolve a problem when it occurs on the Internet.
Other authorsSee publication -
Lexis Practice Advisor
LexisNexis
See publicationEditor of following sections:
• Gramm-Leach-Bliley Act (GLBA) Privacy Requirements
• Document Production Requests (Trademark Litigation) (Trademark Owner to Alleged Infringer)
• Document Requests in Trademark Infringement Litigation (Alleged Infringer to Trademark Owner)
• Interrogatories (Trademark Litigation) (Alleged Infringer to Trademark Owner)
• Interrogatories (Trademark Litigation) (Trademark Owner to Alleged Infringer)
• Objections and Responses to Document…Editor of following sections:
• Gramm-Leach-Bliley Act (GLBA) Privacy Requirements
• Document Production Requests (Trademark Litigation) (Trademark Owner to Alleged Infringer)
• Document Requests in Trademark Infringement Litigation (Alleged Infringer to Trademark Owner)
• Interrogatories (Trademark Litigation) (Alleged Infringer to Trademark Owner)
• Interrogatories (Trademark Litigation) (Trademark Owner to Alleged Infringer)
• Objections and Responses to Document Requests in Federal Trademark Litigation (Alleged Infringer to Trademark Owner)
• Objections and Responses to Document Requests in Federal Trademark Litigation (Trademark Owner to Alleged Infringer)
Projects
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Speaking & Thought Leadership
- Present
Frequent speaker on intellectual property, brand protection, cybersecurity, and AI-related legal challenges. Select engagements include:
• Variety Content Protection Summit
• ISSA-LA Cybersecurity Conference (Multiple)
• Daily Journal Cybersecurity Conference
• Corporate Counsel Business Journal (Multiple)
• Today’s General Counsel Institute (Multiple)
• Cybersecure LA (Multiple)
• Global Brand Protection Conference (London)
• Surface Mount Technology Association /…Frequent speaker on intellectual property, brand protection, cybersecurity, and AI-related legal challenges. Select engagements include:
• Variety Content Protection Summit
• ISSA-LA Cybersecurity Conference (Multiple)
• Daily Journal Cybersecurity Conference
• Corporate Counsel Business Journal (Multiple)
• Today’s General Counsel Institute (Multiple)
• Cybersecure LA (Multiple)
• Global Brand Protection Conference (London)
• Surface Mount Technology Association / CALCE
• ASU-Arkfeld eDiscovery and Digital Evidence Program
• OpSec Security Client Events (Multiple)
• 3D Printing: Addressing the New Dimension in Brand and IP Infringement (Webinar) -
Industry Patent Defense Coalition
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Led development of a litigation strategy to address patent litigation that posed an existential threat to the business. Organized an industry coalition to challenge the asserted patents while leveraging insurance coverage to support the district court defense, fundamentally changing the economics of the dispute and preserving the company's ability to continue operating.
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SecureTheVillage Cybersecurity
Served on the Advisory Board of SecureTheVillage, a nonprofit organization dedicated to advancing cybersecurity awareness and organizational resilience. Participated in the organization's strategic direction and governance while contributing to educational programming and speaking on cybersecurity and information governance.
Other creatorsSee project -
Law on IP (Intellectual Property Attorney Working Group)
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See projectMember of LawOnIP, a collaborative network of intellectual property attorneys advising companies on the protection, commercialization, enforcement, and defense of intellectual property worldwide. Regular contributor to thought leadership on emerging intellectual property and technology issues until the practice group's conclusion in 2017.
Languages
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German
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English
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Organizations
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Association of Corporate Counsel
Intellectual Property Committee
- PresentThe Association of Corporate Counsel is the world’s largest community of in-house counsel, serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations and other private-sector organizations around the globe.
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Los Angeles Copyright Society
Member
- PresentThe Society, whose roots trace back for 50 years, is a members-only organization of attorneys who practice in copyright, trademark, communications and related areas. LACS’s members include outside lawyers, lawyers at motion picture studios, media companies and other corporations and entities dealing with intellectual property.
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Security the Village Cybersecurity Organization
Board of Directors & Advisory Board
-SecureTheVillage (https://securethevillage.org/) provides executives the knowledge and relationships they need to meet today’s cyber crime, cyber privacy and information security challenges.
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Information Systems Security Association - Los Angeles (ISSA-LA)
Advisory Board Member
-ISSA-LA is the leading data security organization in Southern California, and strives to be the premier catalyst and information source in the Los Angeles community for improving the practice of information security.
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Los Angeles Bach Festival
President, Board of Directors
-Oldest fine arts cultural festival in the Los Angeles area and the oldest Bach Festival west of the Mississippi. Served as President of Board of Directors.
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