Approaching Litigation as a Chess Match

Terry Budd has spent over 35 years as a First Chair trial lawyer and litigator prosecuting and defending a wide range of Intellectual Property, Cybersecurity, Internet, First Amendment/Libel, and Complex Commercial litigation claims for corporations across the US and abroad.

He has been prosecuting and handling complex commercial and cyber-tech claims for over 35 years, delving right into complicated cases with often internationally renowned corporations, including Playboy, Coca-Cola, CBS Networking, WWE and Turner Broadcasting.

Mr Budd is known for advocating a counter-intuitive approach, while remaining solidly grounded in well-established legal principles and is well-known for his talent of understanding complex software issues which enable him to flaunt his talent of constructing creative and practical legal solutions for problematic IT cases at hand.

After decades as an equity partner serving an array of Fortune 500 companies at the International law firm K&L Gates, Mr Budd decided to custom tailor his practice to serve a small number of select clients through a boutique firm model in the special role as First Chair Trial Counsel and strategic outside General Counsel in matters across the globe from the US to the European Union to the Asian markets.

With a tremendous knack for analysing international laws and how they intersect with real-world business challenges that are presented to software companies, Mr Budd has repeatedly received The Best Lawyers in America Award and is a member of the Academy of Trial Lawyers (ATLAC). He has been recognized as one of Pennsylvania’s Top Rated Lawyers and has consistently achieved the highest Martindale-Hubbell Preeminent – AV Rating plus its 5.0 Highest Ethical Standards Award.

Focusing his practice on the businesses of a select number of clients – while utilising large International law firms as his special Litigation Teams – has enabled Mr Budd to bring a new level of excellence to his clients’ cases. Expanding his International practice for clients across the European Union, Mr Budd actively participates in a number of International Law associations and High Tech organisations. Mr Budd’s practice primarily focuses on Cybersecurity, Software Litigation, AI/Machine Learning Developments, Blockchain Legal Disputes, and Intellectual Property matters. Mr Budd has lectured extensively on Trial Tactics, developing and examining expert trial witnesses, jury psychology/jury selection, Cybersecurity, and Intellectual Property law – as well as effective strategic business planning for avoiding costly litigation. He has also authored and served as an Editor for a number of books and articles on Trial Tactics and legal strategies. Mr. Budd has been a contributor/commentator in various media publications, including the Wall Street Journal, the Chicago Tribune, NBC News, and the ABA Journal.

Mr. Budd has been honoured to gain a reputation given to him by his peers as “a lawyer’s lawyer”, who approaches litigation as a chess match and who’s always ready for a bare-knuckled fight.

 

Terry’s notable cases:

Enigma Software Group USA, LLC vs. Bleeping Computer, (S.D.N.Y.)

Prosecuted Lanham Act, libel/defamation, business tort, and Intellectual Property infringement claims against a website to a successful business resolution after securing a Federal Court Opinion defining the limitations of the scope of protections afforded under Section 230 of the Communications Decency Act and establishing the scope of liabilities of website owners.

Enigma Software Group USA, LLC vs. ESET, (Hamburg, Germany Trial Court)

Successfully obtained an initial stage Preliminary Injunction against ESET for wrongfully blocking and interfering with Enigma’s customers’ use and access to Enigma’s software system optimization products and for unfair business competition under German law. The prosecution of Enigma’s comprehensive claims is proceeding.

Enigma Software Group USA, LLC vs. Malwarebytes, Inc., (Paris Business Court)

Prosecution of claims under French law for unfair competition and tortious interference with Enigma’s customer relationships for Malwarebytes’ unlawful blocking of Enigma’s anti-malware software products. (Case pending).

WWE vs. Playboy Entertainment, Inc., (S.D.N.Y.)

Successfully prosecuted emergency suit in NYC Federal Court and secured Preliminary Injunction against Playboy Magazine for Intellectual Property infringement claims for unauthorized use of WWE’s characters and trademark/copyright materials.

WWE vs. Brent Bozell and Parents Teachers Council, (S.D.N.Y.)

Prosecuted to successful resolution extended litigation for claims for disparagement, trade libel, and tortious interference against an activist group to protect WWE TV Programming and Intellectual Property rights from unlawful campaign of attacks.

Print Café Software vs. F*#^cked Company.Com, (Pa. Ct of Common Pleas)

Prosecuted one of the earlier original cases for defamation/libel and theft of proprietary information against anonymous Internet posters through pursuit of litigation against ISPs for disclosure of true identity of the defendant posters.

Turner Broadcasting Corporation (TBS) vs. WWE, CBS, et al, (Delaware Chancery Ct)

Successfully defended through trial, verdict, and appeal alleged claims for breach of TV Programming contracts to enable WWE to pursue new TV Programming deals with alternative TV stations.

Jeannette Glass, Inc. vs. Coca Cola, Inc., Security Pacific Bank, N.A., et al, (W.D. Pa)

Successfully defended and conducted forensic accounting investigation in a protracted litigation concerning alleged financial fraud and accounting improprieties with damages alleged in excess of $50 Million in connection with a leveraged buyout – and obtained winning defense verdict after a full trial.

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