Evan Brown’s practice is focused on both litigation and transactional matters involving intellectual property and technology. As an experienced copyright and trademark lawyer he frequently advises clients on
issues relating to the distribution of content over the Internet, with special emphasis on technology licensing and acquisition, online branding, website development, prepublication review and domain name issues. In addition, Mr. Brown assists Internet-based clients in managing the risk of secondary liability for the actions of their users, with particular focus on the safe harbor provisions of the Digital Millennium Copyright Act, as well as the Communications Decency Act.
Mr. Brown also
applies his technological acumen as a member of the firm’s Electronic Discovery Response Team, providing analysis and guidance in litigation matters involving the need for preservation, review and production of electronically stored information.
Mr. Brown is the author and publisher of InternetCases.com, a blog that tracks current developments in Internet and technology law.
Mr. Brown joined Hinshaw & Culbertson LLP in January 2006. Previously he was for three and a half years an associate with Davis McGrath LLC in Chicago, focusing on copyright and trademark law. Upon graduation from law school, Mr. Brown worked as an attorney editor with Lexis-Nexis, and was in private practice for one year in Denver, Colorado. During law school, Mr. Brown served a series of clerkships with multiple firms in Denver.
Mr. Brown is the Chair of the Chicago Bar Association’s Cyberlaw and Data Privacy Committee. He is also a member of the Chicago-Lincoln Inn of Court. He is a past member of the Intellectual Property Law Association of Chicago (IPLAC) and former chair of its Internet Law Committee.
Mr. Brown writes a monthly case law column for Aspen Publishing’s
Journal of Internet Law. In addition, he has been quoted and featured in articles published by Law.com, BusinessInsurance.com,
Chicago Tribune (and its
Redeye edition
), Chicago Daily Law Bulletin,
Chicago Lawyer, Echo Magazine, CBA Record, Inside Counsel, InfoWorld,
Los Angeles Daily Journal, Wired Magazine and
Chicago Decider.
His other publications include:
- “Do Not Let the Convenience of Email Destroy the Attorney-Client Privilege,” E-Discovery column, IDC Quarterly, Second Quarter 2009.
- “Schools and Social Media: First Amendment Issues Arising from Student Use of Social Media,” co-author, Intellectual Property & Technology Law Journal, Aspen Publishers, April 2009.
- “Online Copyright Infringement Presents Special Issues,” The Brief, a publication of the DuPage County Bar Association, October 2008.
- “Immunity Under the Communications Decency Act: Effective Defense Tool for Internet-based Tort Claims,” The Business Suit, a publication of the Defense Research Institute’s Commercial Litigation Committee, March 2007.
- "The Letter of the Law Part II: Copyright Protection for your Projects," Creative Techniques Magazine, Winter 2006.
- “Secondary Liability for Hotspot Operators," Journal of Internet Law, Aspen Publishers, September 2006.
- “Summary Judgment Denied in a Case of Creative Typosquatting,” CircleID, online journal, September 6, 2006.
- “The Letter of the Law Part I: Copyright Protection for your Projects,” co-author, Creative Techniques, Fall 2006.
- “In Rem Domain Name Proceeding: Sometimes 'may' Means 'must',” CircleID, online journal, July 27, 2006.
- "Macabre Result Avoided in Mortician Domain Name Case,” CircleID, online journal, June 21, 2006.
- “Trademark Law Can Protect Your Podcast’s Name,” ID3 Podcast Magazine, April 16, 2006.
Mr. Brown is also a frequent speaker on topics relating to the use and distribution of intellectual property on the Internet. His presentations include:
- “Internet Marketing in the 21st Century: Are You LinkedIn?” DRI Annual Meeting, Chicago, Illinois, October 2009.
- “Schools and Social Media: First Amendment Issues Arising from Student Use of the Internet,” DuPage County Regional Office of Education, Wheaton, Illinois, May 2009.
- “Copyright Law,” guest lecturer, DePaul University College of Computing and Digital Media, Chicago, Illinois, February 2009.
- “Facebook Licensing,” On Digital Media podcast guest, February 2009.
- “Twitter Copyright Issues,” This Week in Law podcast guest, February 2009.
- “Open Source Software – Traditional Copyright in Innovative Models,” 53rd Annual Intellectual Property Law Conference, Chicago, Illinois, February 2009.
- “Five Reasons for Lawyers to Use Social Media,” afternoon seminar, Chicago Bar Association’s Law Practice & Technology Committee, Chicago, Illinois, January 2009.
- “Blog Now, Pay Later – Legal Issues Concerning Social Networking Sites,” Illinois Association of School Boards, Annual Conference, Chicago, Illinois, November 2008.
- “Irreparable Harm in the Context of Open Source Infringement Litigation,” Chicago-Kent College of Law Intellectual Property Law Society, Chicago, Illinois, November 2008.
- “Copyrights 101,” Hinshaw and Defense Research Institute Commercial Litigation Committee webconference, “Intellectual Property Law,” Chicago, Illinois, August 2008.
- “Starting Up: What’s the Deal with Legal and Accounting?” TECH Cocktail Conference, Chicago, Illinois, May 2008.
- “Intellectual Property 101: Trademark Law,” LexisNexis CLE, Harpo Productions, Inc., Chicago, Illinois, May 2008.
- “Intellectual Property in a New Media World,” Chicago Women in Publishing, Chicago, Illinois, April 2008.
- “Content Licensing: Some Modern Issues,” LexisNexis teleseminar, January 2008.
- “Podcasting for Lawyers,” Chicago Bar Association, Chicago, Illinois, March 2008.
- “Copyright for the Congregation,” Evangelical Lutheran Church of America Congregational Resource Event, Malta, Illinois, March 2008.
- “Some Ediscovery Vignettes,” Chicago-Lincoln Inn of Court, Chicago, Illinois, January 2008.
- “Rights and Ownership on the Modern Web,” LexisNexis CLE program for Harpo Productions, Inc., Chicago, Illinois, September 2007.
- “YouTube and Copyright,” 51st Annual Conference on Intellectual Property Law, The John Marshall Law School, Chicago, Illinois, February 2007.
- “Tortious Web Postings, Who’s Responsible?” Chicago Bar Association, Chicago, Illinois, December 2006.
- "The YouTube Copyright Controversy," Loyola University Chicago School of Law, Chicago, Illinois, November 2006.
- “Liability Issues Arising from Blogs as a Publishing Medium,” Law Seminars International conference, “Blog Law: Legal Issues, Liabilities and New Opportunities,” New York, New York, November 2006.
- “Blogging Liability: Legal Issues to Watch for Online,” Second Chicago Blogger Meet-Up, Chicago, Illinois, September 2006.
- “Podcasting: What is it and How Does it Work?” Phi Beta Kappa Association of the Chicagoland Area, Chicago, Illinois, September 2006.
- “Blogging and Defamation,” Law Seminars International’s “Blog Law & Blogging for Lawyers: New Legal Issues and New Opportunities” conference, San Francisco, California, April 2006.
- “Constitutional Issues at the Intersection of Law and Technology,” Chicago-Lincoln Inn of Court, Chicago, Illinois, March 2006.
- “Intellectual Property Issues Related to Blogging,” Young Lawyers Section of the Intellectual Property Committee of the Chicago Bar Association, Chicago, Illinois, March 2006.
- “Google Print and Fair Use,” panel discussion, The John Marshall Law School, Chicago, Illinois, November 2005.
- “Basic Issues of Copyright Law,” Illinois professional engineers seminar, HalfMoon Seminars, Wheaton, Illinois, September 2005.