In a recent decision, a federal court in Washington, D.C. dismissed a trademark owner’s in rem action under the Anticybersquatting Consumer Protection Act (“ACPA”), finding that the presence of an Internet Corporation for Assigned Names and Numbers (“ICANN”) office in that district was insufficient to give the court in rem jurisdiction.
Continue Reading District Court: ICANN Not a Domain Name Authority for In Rem Jurisdiction Under the ACPA
Patrick M. Phelan
Patrick Phelan is a vice-chair for Covington’s White Collar Defense and Investigation group who focuses his practice on representing major pharmaceutical and biotechnology companies facing civil and criminal investigations by the Department of Justice, the Securities and Exchange Commission, and other federal and state agencies.
He also represents clients in civil litigation arising from government investigations, including cases pursued after successfully obtaining a declination from the government agencies. Patrick is able to draw on his extensive enforcement and litigation experience and industry knowledge to advise clients on their compliance programs and mitigating risks across their businesses.
Patrick has represented companies in government investigations concerning a variety of issues, including sales and marketing practices, fraud and abuse, and government price reporting. He regularly helps clients navigate alleged violations of the False Claims Act, Anti-Kickback Statute, Food Drug and Cosmetic Act, and Foreign Corrupt Practices Act.
Patrick’s pro bono work includes representing a defendant in litigation brought by the District of Columbia for alleged violations of the DC False Claims Act. He also has obtained an acquittal for an indigent defendant charged with second-degree assault and represented a plaintiff in a § 1983 case arising out of a wrongful conviction and Brady violations.
Earlier in Patrick’s career, he coupled his white collar work with an active civil litigation practice representing clients in trademark disputes before federal courts and arbitration forums.