Gregory W. Herbert

Attorney in Orlando, FL
For 25 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 in The Best Lawyers in America annual 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 of USA Today as well as other publications.

Areas of Concentration

•Intellectual property litigation (copyright, trademark, patent, right of publicity, trade secrets)
•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, 2010-2015
•Lawyer of the Year, Litigation - Intellectual Property, Orlando, 2014
•Listed, Florida Trend magazine, Legal Elite, 2014
•Listed, Super Lawyers magazine, Florida Super Lawyers, 2013-2014
•Listed, Orlando magazine, The Best Lawyers in Orlando, 2010, 2013
•Team Member, a Law360 Employment 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 5

AV, 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.

Articles, Publications, & Lectures

•Mentioned, Telemundo Runs Off With Atty Fees in Telenovela IP Row, Law360, January 15, 2015
•Quoted, Telenovela Producers Fight Sanctions in Federal Dispute, Daily Business Review, January 12, 2015
•Author, Motion to Dismiss: Olsson v. Simon & Schuster, Media Law Daily, January 5, 2015
•Mentioned, Forgery Claim Allegation Produces Sanctions in Soap-Opera Saga, Daily Business Review, December 16, 2014
•Quoted, All's Fair (But Not Necessarily Smart) in Online War, Corporate Counsel magazine, 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 Privacy Case, 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, 82 Notre Dame Law Review 1537, 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
•Panelist, The NCAA: A Brave New World? A Look at the Legal Challenges Facing the Most Recognized Governing Body in Collegiate Sports, Entertainment and Sports Law Committee's Mid-Year Meeting, Florida Bar Association, Lake Buena Vista, FL, January 24, 2015
•Moderator, Recent Trends & Developments in the Law of Spoliation, CLE Presentation, ACC, Central Florida Chapter, November 20, 2014
•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

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

Associated News & Events

Press Releases

08.20.14 17 Greenberg Traurig Orlando Attorneys Listed In Best Lawyers In America 2015

08.19.14 129 Greenberg Traurig Florida Attorneys Listed In Best Lawyers In America 2015

07.07.14 12 Greenberg Traurig Attorneys Named 2014 Florida Trend Legal Elite

07.02.14 96 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

09.21.11 102 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

Published Articles

10.18.13 How to Combat Cybersmears and Online Attackers

Client Rating N/A help_info
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Peer Rating 4.9 of 5

Areas of Law

  • Litigation
  • Entertainment and Media
  • Intellectual Property & Technology


Peer Rating


Overall Peer Rating

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

Legal Knowledge
Analytical Capabilities
Communication Ability
Legal Experience

  • Meets very high criteria of general ethical standards
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Experience & Credentials



Admission Details

Admitted in 1992, New York
1997, Florida

Law School Attended

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

University Attended

Florida State University
Class of 1986
Business, English, with honors

Birth Information

Born in 1964

Associations & Memberships

Professional & Community Involvement•Board Member, Winter Park Crew Boosters, Board of Directors, 2013-2014
•Member, Florida Bar Association, Media Law... More

Representative Cases

Significant Representations: LaTele Television, C.A. v. Telemundo Network Group, LLC (S.D.Fla. 2014) (int'l copyright); Defending NBC/Telemundo against high-profile, int' l copyright claim filed by Venezuelan TV network over telenovela. See 2014 WL 5816585 (S.D. Fla., Nov. 10, 2014) (awarding attorneys' fees and add' l discovery to clients due to p... More

Contact Information






Send email to Gregory W. Herbert

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


Greenberg Traurig, LLP (Orlando, Florida)

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