Kimberly B. Herman

Kimberly B. Herman is a partner in the Corporate Department of our Boston office and leader of the firm's Intellectual Property Group. Ms. Herman’s practice spans the United States, Europe and the Middle East and emphasizes the law and business of intellectual property. In particular, her practice focuses on structuring and negotiating complex commercial transactions dealing with media and entertainment (including representation of clients in the news, documentary, feature film and video industries), First Amendment and privacy issues, gaming and sanctioned gambling including wager-based, free-play and social gaming and e-sports, software, and all things Internet, music and art on behalf of leading media, entertainment, technology and consumer-products companies, as well as artists, museums and art galleries.

Ms. Herman conducts audits and provides strategic counseling to assist clients in identifying, protecting and exploiting key intellectual property assets and represents clients in a wide variety of trademark and copyright enforcement and defense matters. In addition, she advises clients in responding to claims of infringement of adversely held trademarks and copyrights and prepares and responds to cease and desist letters regarding the same, as well as providing advice on litigation settlements.

Recently, Ms. Herman successfully represented the estate of a world-renowned Israeli artist in a copyright infringement dispute against a global television network for its unauthorized use of the artist's magnum opus in the network's wildly popular television series. Ms. Herman also recently settled a copyright dispute against NBCUniversal for its use of her client's recognized street art in a popular television series.

She completed the courses "Museums and the Law;" "Museum Exhibition Content Development;" "History of Museums;" and "Collections Management: Issues and Solutions" at Harvard University.

Ms. Herman's copyright enforcement activities also extend to representing a billion dollar multi-national software company in connection with its anti-piracy initiatives in North America.

Ms. Herman recently represented Challengeme Esports GmbH (CME), a provider of one of the most sophisticated eSport matchmaking and tournament platforms, in its acquisition of US-based platform provider, eSports Hero Inc., and also advised CME in connection with a strategic investment in the company by eSports Mogul (ESM), an ASX-listed eSports media company, as well as a multi-year licensing agreement with ESM for the Asia-Pacific region.

Ms. Herman represents a variety of clients from Fortune 500 companies to smaller businesses. Some of Ms. Herman's more well-known clients include IGT, Bain & Company, Vice Media, A.T. Cross and Dassault Systems.

Representative Client Work

Entertainment and Copyright Matters
Gaming and Online Activities
Software and Hardware Deals
Trademark and Domain Names Matters
Life Sciences and Healthcare Matters
Mergers & Acquisitions

Client Advisories

News & Publications

Seminars & Presentations