Jonathan Blavin is a partner in the San Francisco office of Munger, Tolles & Olson.
Mr. Blavin has substantial experience in Internet and privacy-related litigation involving the Electronic Communications Privacy Act, Section 230 of the Communications Decency Act, the Children’s Online Privacy Protection Act and the Computer Fraud and Abuse Act. He also has significant experience in high-technology intellectual property disputes, including claims brought under the Copyright and Digital Millennium Copyright Acts, the Lanham Act and state trademark statutes and trade secret laws. Additionally, he has litigated federal antitrust actions, consumer class actions, and constitutional matters.
Mr. Blavin has been named a Top Cyber Lawyer by the Daily Journal in 2019, a top attorney under 40 in the field of technology law by Law360, and was chosen for the National Law Journal's inaugural list of "50 Intellectual Property Trailblazers & Pioneers." Mr. Blavin served as co-chair of the 2015 Legal Frontiers in Digital Media Conference, sponsored by the Media Law Resource Center and The Berkeley Center for Law & Technology. He also has served as chair of the San Francisco Barristers Intellectual Property and Internet Law Section, and is on the board of the San Francisco Intellectual Property Law Association. Mr. Blavin is a member of the San Francisco Bay Area Intellectual Property American Inn of Court, and is a panel attorney for California Lawyers for the Arts.
Prior to joining the firm in 2004, Mr. Blavin served as a law clerk to Judge Richard R. Clifton of the U.S. Court of Appeals for the Ninth Circuit. Mr. Blavin received his J.D. magna cum laude from Harvard Law School. While at Harvard, he served as a primary editor of the Harvard Law Review. Mr. Blavin received his B.A. in history with highest distinction from the University of Michigan, where he was elected Phi Beta Kappa.
- Airbnb, in obtaining dismissal under the Communications Decency Act of lawsuit brought by real estate investment trust company alleging that Airbnb interfered with its lease agreements and aided and abetted trespass.
- Airbnb, in obtaining dismissal of putative class action asserting claims that Airbnb facilitated the violation of San Francisco short-term rental laws; affirmed on appeal.
- LinkedIn, in matters before the Foreign Intelligence Surveillance Court and U.S. Court of Appeals for the Ninth Circuit challenging government restrictions on disclosure of government requests for member data. This representation led the government to alter its rules on Jan. 27, 2014 to permit greater transparency of the number of such requests.
- Facebook, in appeal in U.S. Court of Appeals for the Ninth Circuit in a putative class action brought by advertisers who claim they have been overcharged. The Ninth Circuit affirmed the district court’s ruling in Facebook’s favor.
- LinkedIn, in action against website scraping LinkedIn data and reposting the data on its site. Representation led to a consent judgment in LinkedIn’s favor that permanently bars the defendant from scraping LinkedIn and orders it to destroy all the data it obtained.
- LinkedIn, in putative nationwide class action challenging the importation and use of email addresses from members’ external email accounts as violating California’s right of publicity and unfair competition law, as well as the Federal Wiretap Act and Stored Communications Act.
- Facebook, in an appeal before the U.S. Supreme Court challenging the use of cy pres in privacy class action settlement.
- HTC, in nationwide class actions concerning alleged installation of data collection software on smartphone devices, asserting claims under the Wiretap Act, Stored Communications Act, Computer Fraud and Abuse Act, and related state law causes of action.
- Emeco Industries, Inc., in pursuing trade dress and trademark infringement claims against Restoration Hardware, Inc. for copying the design of its iconic aluminum chair, “The Navy Chair.” The action settled with Restoration Hardware agreeing to permanently cease sales of its chairs and having its existing inventory of chairs recycled.
- Microsoft, against device manufacturer Datel, alleging copyright infringement of the Xbox 360’s source code and violations of the Digital Millennium Copyright Act stemming from Datel’s circumvention of the Xbox 360’s technological protection measures.
- Electronic Arts, in copyright litigation against Zynga in which EA alleged that Zynga's online social game "The Ville" infringes EA's copyrighted game "Sims Social."
- Vostu, Brazil’s market leader in social gaming, against claims of copyright violations by Zynga in both the U.S. and Brazil.