David Ervin is a partner in the firm's Washington, D.C. office and a member of the Advertising & Product Risk Management (APRM) and Intellectual Property groups. He focuses on the intersection of advertising and intellectual property law.
His practice focuses on the relationship between advertising and intellectual property law, primarily for consumer brands making significant investments in media and content creation and licensing. Specifically, David helps clients manage and protect their brands and intellectual property rights in connection with their advertising, media, sponsorship, licensing, sports marketing, e-commerce, loyalty program, and joint promotion activities. He routinely handles the negotiation and drafting of marketing, sponsorship, endorsement, and promotion agreements for advertisers and agencies with entertainment properties, broadcasters, publishers, athletes, models, celebrities, and professional sports leagues and teams (including the NFL, NASCAR, IndyCar, NBA, MLB, NHL, MLS, NCAA, and PBR). His clients include companies in the automotive, hospitality, wireless, retail, fashion, food & beverage, software, internet service providers (ISP), and financial services industries, as well as professional athletes, musicians, and sports leagues.
David assists clients with advertising production and media placement matters that involve music and content clearance, rights of publicity, SAG/AFTRA, claim substantiation, media barter, product placement, and new media issues. He also provides counsel on current industry topics, including social media, gift cards and payment devices, branded content, native advertising, IoT and geo-location, fair use, and blogging.
His litigation practice is focused on intellectual property, consumer protection and advertising matters, with recent cases involving copyright infringement, counterfeit and gray market goods, and unfair competition. Additionally, David regularly counsels and advises clients in structuring content, trademark, and patent licensing programs, including negotiating and drafting licensing agreements, establishing royalty structures, and ensuring compliance with e-commerce laws and regulations.
Prior to private practice, David served as a law clerk for the Honorable Leonie M. Brinkema in the U.S. District Court for the Eastern District of Virginia and for the Office of the General Counsel at the General Accountability Office in Washington, D.C. He earned his B.A. from The American University, cum laude with University Honors, and his J.D. from The American University, Washington College of Law, cum laude. He is a member of the District of Columbia and Virginia bars, as well as many federal, district, and appellate courts.
David is recommended by US Legal 500 2012-2014 for his work in the Marketing & Advertising area, and clients report that he does "an excellent job of balancing the legal risk and the business exigencies" concerning new media campaigns. He is also listed as a leading lawyer in both The International Who's Who of Sports & Entertainment Lawyers 2013 and 2014 and The International Who's Who of Business Lawyers 2014.
