Michael A. Kahn

MAK_008Of Counsel

P: 314.505.5406
F: 314.505.5407
kahn@capessokol.com

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Areas of Concentration

Intellectual Property
Commercial Litigation
Media and Entertainment
First Amendment

Education

Harvard University, J.D. cum laude, 1979
Northwestern University, M.A. 1975
Amherst College, B.A. magna cum laude, 1974

Designations & Awards

  • The Best Lawyers in America®, 2013 Lawyer of the Year, Litigation-Intellectual Property (St. Louis)
  • The Best Lawyers in America®, 2014 Lawyer of the Year, Copyright Law (St. Louis)
  • Listed in The Best Lawyers in America® in the categories of Copyright Law, Litigation-Intellectual Property Law, Litigation-First Amendment Law, Entertainment Law-Motion Pictures and Televison, Entertainment Law-Music, and Media Law (2001 to present)
  • “Missouri Super Lawyer” (2005 to present)
  • University City (MO) High School Hall of Fame, 2000

Biography

Michael A. Kahn concentrates his practice in copyright, trademark, First Amendment and media law (libel, privacy rights). He is a widely recognized trial lawyer, including in the area of general commercial litigation, and regularly advises clients on a range of intellectual property matters. A veteran of numerous jury trials, Mike has handled lawsuits and arbitrations in various venues across the nation.

Mike has served as a court-appointed mediator in a variety of intellectual property lawsuits, including copyright, trademark, patent and libel cases.

In addition to his active practice, Mike is an adjunct professor at Washington University School of Law, where he teaches an upper level course on Censorship and Free Expression. He is also the award-winning author of several mystery novels and legal thrillers.

Prior to joining Capes Sokol, Mike had been a principal of Kahn Gerber PC and a partner in the international law firm of Bryan Cave LLP.

Mike and his wife Margi met in high school. They have five children and, so far, five grandchildren.

Select Representations

  • Represented the Mike Tyson tattoo artist in his copyright infringement lawsuit over the use of his facial tattoo artwork on another character in the motion picture The Hangover Part II. (Whitmill v. Warner Bros. Entertainment, Inc., Civil Action No. 4:11-cv-752 (E.D. Mo.)
  • Represented international photographer Michael Eastman in his copyright infringement lawsuit against NBCUniversal and Bravo TV over use of one of his photographs in an episode of Million Dollar Decorators (Eastman et al v. NBCUniversal Media, LLC et al, Civil Action No. 4:11-cv-1296 (E.D. Mo.).
  • Successfully represented various firms (including professional sports teams, radio and TV stations, and newspapers) and individuals (including authors, artists and professional athletes) in connection with copyright, trademark, First Amendment and general commercial litigation.
  • Has been counsel of record for the National Basketball Association, Oprah Winfrey, Lions Gate Entertainment, Mark McGwire, McFarlane Toys, Radio One, Emmis Communications, the St. Louis Business Journal, Eveready Battery Company, The New York Yankees, Paramount Pictures, and The Topps Company in various disputes.
  • Has negotiated intellectual property licenses with professional sports leagues, publishers, musicians, and others.
  • Awarded for services as special counsel to the Examiner in a major bankruptcy proceeding in St. Louis, the only bonus ever given by a bankruptcy court to an examiner’s counsel.

Admissions

  • Missouri, 1985
  • Illinois,1979
  • Supreme Court of the United States, 1991
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. District Courts, Illinois (Northern, Central, and Southern Districts)
  • U.S. District Courts, Missouri (Eastern and Western Districts)

Professional Affiliations

  • The Missouri Bar
  • Illinois Bar Association
  • The Authors Guild
  • Mystery Writers of America

Civic and Charitable Organizations

  • St. Louis Public Library Foundation-Board of Trustees
  • Center for the Humanities at Washington University in St. Louis-Advisory Board Member
  • St. Louis Journalism Review-Board of Directors
  • Volunteer Lawyers and Accountants for the Arts

Speeches and Seminars

  • “Lawsuits of the Rich and Famous: The Hazards of Celebrity Promotions,” Bar Association of Metropolitan St. Louis, May 2013
  • “ABCs of Intellectual Property,” St. Louis County Law Library, April 2013
  • “New Wine in Old Bottles: Fair Use in an Era of new Use,” Missouri Bar Association, October 2007
  • “Weird Issues in Copyright Law,” Bar Association of Metropolitan St. Louis, July 2007

Publications

  • “More Companies Involve Intellectual Property Legal Counsel in Business Development Strategy,” Stltoday.com and IPFrontline, April 2014
  • “From Shylock to Billy Budd: The Literary Headline Trial,” St. Louis University Law Journal Vol 54, Issue 4 (2011)
  • “Bulls in the China Shop,” Belles Lettres: A literary Review, Vol. V, No., 2, December 2004
  • “The Missouri Franchise Act: Much Ado About Nothing,” St. Louis Bar Journal, 1991
  • Award-winning author of The Flinch Factor and many other legal thrillers and short stories