Gregory W. Herbert

Attorney in Orlando, FL
For more than 20 years, Gregory Herbert has litigated and counseled clients in the areas of intellectual property law, media/First Amendment law, Internet law, eCommerce, entertainment law and complex commercial litigation. Greg is board certified as a specialist in Intellectual Property Law by the Florida Bar's Board of Legal Specialization and Education, a distinction held by less than 1% of Florida attorneys. Greg has broad trial experience, jury and non-jury, in state and federal court, having tried multimillion-dollar cases to verdict as lead trial counsel. Greg also has extensive experience representing for-profit higher education institutions in connection with intellectual property and litigation matters. Greg was voted by his peers as Lawyer of the Year in the Intellectual Property Litigation practice area in the Orlando market for 2014, as noted inThe Best Lawyers in Americaannual vote.

Prior to joining Greenberg Traurig's Orlando office in 1996, Greg was with a media and IP litigation boutique firm in New York. Greg frequently lectures on media, IP, and Internet law issues, has published several articles on those topics, and has taught Internet law as an Adjunct Professor at the Dwayne O. Andreas School of Law, Barry University. Greg has had two media and IP cases featured on the front page ofUSA Todayas well as other publications.

Areas of Concentration

•Intellectual property litigation

•Media law, defamation and First Amendment litigation

•Internet, Cyberlaw and eCommerce litigation

•Commercial litigation

Awards & Recognition

•Listed,TheBest Lawyers in America, Litigation - Intellectual Property; Litigation - Patent, 2010-2014

•Lawyer of the Year, Litigation - Intellectual Property, Orlando, 2014

•Listed,Super Lawyersmagazine,Florida Super Lawyers, 2013-2014

•Listed,Orlandomagazine, The Best Lawyers in Orlando, 2010, 2013

•Team Member, aLaw360Employment Practice Group of the Year, 2011 & 2013

•Listed,The Legal 500 United States, Intellectual Property Litigation - Copyright: National, 2007

•Rated, AV Preeminent 4.9 out of 5AV , BV , AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Noteworthy Experience

•Adjunct Professor, Barry University School of Law, Internet Law, 2008-2009

•Board Certified, The Florida Bar, Intellectual Property Law, Board of Legal Specialization and Education

Articles, Publications, & Lectures

Articles/Media

•Quoted, All's Fair (But Not Necessarily Smart) in Online War ,Corporate Counselmagazine, February 3, 2014

•Quoted, NCAA, Players Both Still Going for 'W' After Mixed Ruling,Law360, November 13, 2013

•Quoted, NCAA's Antitrust Immunity Defense Weakened By Ruling,Law360, October 29, 2013

•Author, How to Combat Cybersmears and Online Attackers,Chief Executive, October 18, 2013

•Quoted/Featured, What is the Most Common Legal Business Issue You See?Orlando Business Journal, October 4, 2013

•Quoted, EA Out Of Antitrust Suit But NCAA Won't Budge An Inch,Law360, October 3, 2013

•Quoted/Featured, Fox 35 News, WOFL-TV, NASA v. Nelson Supreme Court PrivacyCase, evening news, October 4, 2010

•Quoted/Featured, Fox 35 News, WOFL-TV, Military Funeral Protests , evening news, September 1, 2010

•Quoted/Featured, Fox 35 News, WOFL-TV, Court Rules Roadside Crosses Unconstitutional, evening news, August 25, 2010

•Quoted/Featured, Fox 35 News, WOFL-TV, Defending Your Online Reputation, evening news, May 13, 2008

•Quoted/Featured, Fox 35 News, WOFL-TV, The Tricia Walsh-Smith YouTube Video Controversy, evening news, April 16, 2008

•Quoted, Court Cases Focus on Famous Faces,USA Today, October 2, 2007

•Quoted, Burnham Expansion May Affect Intellectual Property Law,Orlando Business Journal, June 22-28, 2007

•Quoted, Legal 'Blawgs': Attorneys Offer Advice, Discuss Current Issues Online,Orlando Business Journal, June 22-28, 2007

•Quoted, Courts are Asked to Crack Down on Bloggers, Websites,USA Today, Oct. 3, 2006, A1, 82Notre Dame Law Review1537, 1538 n.9, April 2007

•Quoted, Court Says Blogs Can't Be Sued for Postings,USA Today, November 22, 2006

•Quoted, Hold That Thought: Pre-Publication Review is a Thankless but Necessary Task,Hollywood Reporter, Esq., November 14-27, 2006

•Quoted, Lawsuit Seeks to Block Blogger: First Amendment Advocates Decry Prior Restraint, Orlando Sentinel, September 5, 2006

•Featured, Orlando Lawyer is Web Hero After Defending Blogger,Orlando Sentinel, May 12, 2006

•Author, Avoiding Litigation a Good Rationale for Copyright, Non-Compete Agreements,Engineering Times, August/September 1999

•Author, The Quick and the Dead and the Descendible Right of Publicity,First Amendment & Media Law Litigation Newsletter, American Bar Association, Winter 1995

•Co-Author, The Emerging Publication Torts Chapter, Communications Law, Practicing Law Institute Media Litigation Handbook , 1994

•Author, Waiving Rights and Burning Flags: The Search for a Valid State Interest in Flag Protection,Harvard Civil Rights-Civil Liberties Law Review, Summer 1990

Lectures

•Speaker, Defending Against Online Attacks, Gripe Sites and Cyber-Smears, and Top Ten IP Protection Mistakes for In-House Counsel to Avoid, CLE Presentation, ACC, Central Florida Chapter, November 21, 2013

•Speaker, Copyright Preemption: Recent Developments for Implied-In-Fact Contract Claims, Orange County Bar Association Intellectual Property Committee, March 2013

•Panelist, Libel and Privacy: Minimizing the Risks of Publishing Online, Media Law in the Digital Age Conference, Berkman Center for Internet & Society at Harvard Law School, Atlanta, GA, September, 2010

•Panelist, Ethical Issues in Trademark and Copyright Practice, Barry University School of Law, Orlando, FL, November 2007

•Speaker, Common Intellectual Property Issues Facing Corporate Counsel, Hillsborough County Bar Association Corporate Counsel Section, Tampa, FL, October 2007

•Speaker, Guetzloe v. WKMG: Privacy Rights and Prior Restraint Law, First Amendment Foundation's Sunshine Seminars, University of Central Florida, October 2007

•Panelist, Maine Blogger Case, Media Giraffe Conference, University of Massachusetts at Amherst, June 2006

•Moderator, FCC Indecency Regulations and Free Speech, Florida Bar Media Law Conference, Tampa, FL, February 2006

•Speaker, First Amendment Foundation's Sunshine Seminars, Florida Media Law and Open Government Topics, Leesburg, FL, Spring 2004

Associated News & Events

Press-Releases

07.07.14 12 Greenberg Traurig Attorneys Named 2014 Florida Trend Legal Elite

07.02.14 98 Greenberg Traurig Attorneys Named 2014 Florida Super Lawyers

08.15.13 20 Greenberg Traurig Attorneys Named 2014 'Lawyers of the Year' by Best Lawyers in America

12.23.11 Greenberg Traurig's Labor and Employment Practice Recognized Among Law360's Employment Groups of the Year

09.21.11 103 Greenberg Traurig Attorneys in Florida Listed In Best Lawyers in America 2012

09.01.09 Greenberg Traurig Takes Top Spot in Best Lawyers in America for 3rd Year

06.20.07 Greenberg Traurig Litigation Attorneys Recognized in Legal 500 US - Volume III

04.30.07 Greenberg Traurig Entertainment and Intellectual Property Attorneys Recognized in Inaugural Issue of Legal 500 US - Volume II

05.05.06 Blogger Case Yields Unconditional Surrender

03.26.01 Greenberg Traurig LLP's Orlando Office Names Gregory W. Herbert Of Counsel

Published Articles

10.18.13 How to Combat Cybersmears and Online Attackers

407.418.2431
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Peer Rating 4.9 of 5

Areas of Law

  • Litigation
  • Entertainment and Media
  • Intellectual Property & Technology

 

Peer Rating

av

Overall Peer Rating

in Commercial Law, Intellectual Property and Litigation
4.9 out of 5.0

Legal Knowledge
4.9
Analytical Capabilities
4.9
Judgment
4.9
Communication Ability
4.8
Legal Experience
4.9

  • Meets very high criteria of general ethical standards
No feedback is available.
The individuals that have reviewed this lawyer have not provided any additional feedback.

Experience & Credentials

Position

Shareholder

Admission Details

Admitted in 1992, New York
1997, Florida

Law School Attended

Harvard Law School
Class of 1990
J.D.
Editor, Harvard Environmental Law Review, Co-Editor-in-Chief, Harvard Law Record

University Attended

Florida State University
Class of 1986
B.A.
Business, English, with honors

Birth Information

Born in 1964
1964

Associations & Memberships

Professional & Community Involvement•Board Member, Winter Park Crew Boosters, Board of Directors, 2013-2014•Consultant, Harbor House Domestic Violence S... More

Representative Cases

Celorio v. Google, Inc. (N.D. Fla. 2013)(patent): Obtained Summary Judgment for Google, dismissing patent infringement claims relating to on-demand publishing technology, and Protective Order blocking deposition of Google's founders. See 2013 WL 4536527 (N.D. Fla. 2013).; Copyright Infringement Defense (S.D.Fla. 2013) (copyright/television): Curren... More

Contact Information

Phone

407.418.2431

Fax

407.420.5909

Email

Send email to Gregory W. Herbert


Office Information
Gregory W. Herbert
Shareholder
 450 South Orange Avenue, Suite 650,
Orlando, FL 32801

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Greenberg Traurig, LLP (Orlando, Florida)

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