Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Randall A. Brater

Randall A. Brater
Washington, DC

Randy Brater is a partner in the Commercial and Intellectual Property Litigation groups at Arent Fox. His practice involves litigating matters in both state and federal courts, from preliminary injunctions to motions practice to jury and bench trials, as well as arbitrations and mediation. He has experience defending and pursuing civil actions in numerous areas including a variety of tort and contract actions, commercial and real estate actions, trademark and copyright infringement claims, rights of publicity, claims under the False Claims Act, environmental actions under CERCLA and FIFRA, and employment, trade secret and competition actions.

Client Work

In the trademark and copyright area, Mr. Brater has litigated and assisted in the settlement of several trademark disputes in federal court, including claims arising out of the titles of television programs and claims related to the publicity rights of famous personalities. Mr. Brater also serves as part of the team that services the intellectual property portfolio for a number of media and entertainment clients, including litigating and advising on trademark, copyright, publicity rights matters and related licensing issues.

Significant matters in which Randy has participated include:

  • Part of the litigation team that defended a trademark infringement and dilution action on behalf of a major media and entertainment company in a jury trial. The court granted partial dismissal of the action at both the motion to dismiss and summary judgment phases. Monster Cable Products, Inc. v. Discovery Communications, Inc., 2004 WL 2445348 (N.D. Cal. 2004);
  • Defense of a claim for breach of a non-solicitation clause against the manager of a real estate office and the granting of an award of attorney’s fees under a fee-shifting provision in the agreement. Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust, 989 A.2d 1227 (Md.App. 2010); Weichert Co. of Maryland, Inc. v. Dorothy Crago Faust,19 A.3d 393 (Md. 2011);
  • Defense of a trade secret and corporate raiding claim in a jury trial in federal court. Galaxy Computer Services, Inc. v. Baker, 325 B.R. 544 (E.D. Va. 2005); 2005 WL 2171454 (E.D. Va. Sept. 02, 2005);
  • Part of the trial team that litigated a contract counterclaim in a bench trial that resulted in an award for the client and a jury trial on the same matter that resulted in a verdict in the client’s favor. Contract Materials Processing, Inc. v. KataLeuna GmbH Catalysts, 303 F.Supp.2d 612 (D. Md. 2003);
  • Defense of a CERCLA claim in which the court granted summary judgment and made a determination that the client was an innocent landowner under the statute. 1325 "G" Street Associates, LP v. Rockwood Pigments NA, Inc., 2004 WL 2191709 (D. Md. 2004).
  • Representation of a sovereign nation in a breach of contract action, including dismissal upon motion and an award of attorneys’ fees for the client in the process.

Mr. Brater is also committed to pro bono activities. In 2010, Mr. Brater was awarded the Klepper Prize for Volunteer Excellence for his work with the Legal Aid Society of the District of Columbia. In 2006, Mr. Brater was awarded the Albert E. Arent Pro Bono Award for his work with Legal Aid.

Read More

See Mr. Brater's full bio here.


Blog Posts by Randall A. Brater

Health Privacy & Security, Advertising
False Ad Plaintiffs Out of Joint and Out of Luck in Fourth Circuit

The Fourth Circuit has recently made it more difficult for false advertising plaintiffs to survive a motion to dismiss where their claims are based on an allegation of “literal falsity.” In the suit, plaintiffs, purchasers of certain joint health supplements, alleged that GNC and Rite Aid engaged in false advertising and violated various state consumer protection laws, deceptive advertising, and express warranty statutes in marketing joint health supplements containing glucosamine and chondroitin. Specifically, plaintiffs alleged that the joint health representations on defendants’ product packaging were false because the “vast weight” of scientific evidence has shown that those ingredients are not more effective than placebos at treating osteoarthritis. 

Continue Reading →


Add this blog to your RSS feed reader.

Arent Fox In Your Inbox
To subscribe to Arent Fox Alerts and other news, click here.


Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.