James Gatto

James Gatto

  • Business Law, Entertainment & Sports Law, Health Care Law ...
  • District of Columbia, U.S. Patent and Trademark Office, Virginia
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Biography

James Gatto is a partner in the Washington, D.C. office of Sheppard Mullin. He is the founder and Co-Leader of the 110+ person Artificial Intelligence Team and co-leader of the Blockchain and Fintech Team. He has over 20 years of experience advising clients on AI legal issues and is an adjunct professor at Ole Miss Law School, teaching AI Legal Issues. He is a prolific blogger and author, and has been invited to speak internationally by governments, industry organizations and companies, on AI legal and policy issues. He helps companies understand AI legal issues and develop policies to manage the risks, handles AI agreements and transactions and advises on all aspects of legal and regulatory issues with the development and deployment of AI and open source issues with AI code generators.

Education
Georgetown University Law Center
J.D.
Georgetown University Law Center Logo
Manhattan College
B.E. | Electrical Engineering (with a Physics minor)
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Professional Experience
AI Team Co-Leader
Sheppard Mullin
Current
Publications
Articles & Publications
CFPB Reality Check: Video Game Cash Is Still Money
Law360
The USPTO and USCO Deliver Report to Congress on IP Issues with NFTs Maintaining Existing IP Regime
The Licensing Journal
Legal Issues When Training AI On Previously Collected Data
Law360
5 AI Risks For Corporate Boards To Examine
Law360
Valve Rejects Games with AI Assets over Copyright Concerns
The Licensing Journal
Questions To Ask Before Using Company Data To Train AI
Law360
ChatUSG: What Government Contractors Need To Know About AI
Briefing Papers
Understanding the Different Angles of Artificial Intelligence with James Gatto
Lawyers Who Lead
Legal Considerations When Using Consumer Data To Train AI
Law360
ChatUSG: What government contractors need to know about AI
Westlaw Today
U.S. Policymakers Examine the Role of Blockchain Technology in Energy Transitions
New York Law Journal
Protecting IP and Limiting Liability When Licensing IP for Digital Art and NFTs
The Licensing Journal
Regulatory Uncertainty
Blockchain Game Alliance 2021 Member Survey & Report
Supreme Court Scraps LinkedIn Data-Scraping Decision
Bloomberg Law
The legal considerations of esports NFTs
Esports Insider
Will Blockchain Game Use Drive Greater Overall Blockchain Adoption?
CIO Review
Controversial New Open Source License for Decentralized Apps Protects Users’ Data and Cryptographic Keys
The Licensing Journal
Open Source-ish! What Defines Open Source Licensing and Why it Matters to Businesses
The Licensing Journal
A Blow To Crypto Miners Disputing Local Energy Rates
Law360
Blockchain Tech has Numerous Applications for Defense
National Defense
Understanding Bitcoin and Virtual Currency
Lexis Practice Advisor
Gambling Laws Have Changed A Lot In The Past Year. Here’s How.
PlayUSA
Not Every Open Source Cloud Has A Silver Lining
Law360
INSIGHT: Interstate Online Gambling Dealt Blow by DOJ Flip Flop on Wire Act
Bloomberg
Considering Blockchain In The Electricity Industry
Law360
10 Lessons On Blockchain And Open-Source Licenses
Law360
Insight: How Blockchain Can Affect Health Care
Bloomberg Law
Considerations for Developing Corporate Open Source Policies
Thomson Reuters
Open Source and SaaS
Thomson Reuters
Open Source Software in M&A and Finance Transactions
Thomson Reuters
Patent Issues with Open Source Software (OSS)
Thomson Reuters
Potential Repercussions of the Big Fish Decision
Casino Journal
Virtual Advertising: Uncharted Legal Waters
Advertising Age
Alternative Fantasy Models Face Legal Scrutiny
Law360
Federal Circuit Is In Sync With Patent’s Validity Under Section 101
IPFrontline
"Hospitality's Move to Mobile Raises Legal Risks"
HOTELS Magazine
2 Courts Dismiss Class Actions Involving Virtual Casinos
Law360
Speaking Engagements
AI & Ethics: Using Artificial Intelligence Responsibly in Legal Practice, Justia Webinars
Overview of Legal Issues with mHealth, mHealth Applications Legal Issues
Intellectual Property Strategy for Games, Pillsbury panel discussion
The Interface Evolves – Sensory Gaming Platforms, NeuroGaming Conference & Expo 2015
Intellectual Property Protection & Licensing Strategies for Small Business
Legal Issues with Social Games, eSports, and Fantasy Sports
Don’t gamble with your Business Model: Cutting edge legal issues and potential regulatory enforcements for social gaming, eSports and fantasy sports, Gaming NOW Summit
The Critical Difference between eSports and Other Video Games, eSports Conference
Intellectual Property & Licensing Strategies for Small Businesses WEBINAR
Center for Innovative Technology,
Virtual Reality Year in Review
YetiZen
Liability Issues in Virtual and Augmented Reality, Game Technology Conference
Law Seminars International
October 13-14 2016
Fourth Annual Sports & Entertainment Law Journal Symposium
Panelist
GDC Seminar & Reception, Game Developers Conference
Blockchain Webinar
Serious Play Conference,, George Mason University
July 18-20, 2017
Open Source Software: Guidance for Corporate and Technology Counsel on Mitigating Legal and Security Risks, Stafford Webinars
The Business Opportunities and Legal Risks with Blockchain – What You Need to Know
Manhattan College Blockchain Forum
Blockchain for International Trade and Supply Chain Logistics – Business Opportunities and Legal Concerns
Crypto Games & Digital Collectibles
Venezuela: Cryptocurrency, Sanctions and the Current Legal Climate
D.C. Bar
Get Smart on the Law of Smart Contracts, Webinar
Business Center for International Understanding Blockchain and Cloud Storage Forum
Keeping Cryptogames, Gambling Issues and IP Legal,, Crypto Games Conference
LA Games Conference
Retail's Top 5 Legal Trends & Issues Webinar,
Blockchain-Based Securitization of Non-Liquid Assets - What You Need to Know,
CryptoMondays: What's so Stable about cryptocurrencies
Blockchain Music & Media
The Big Picture: A Macro Perspective on Cryptocurrency and Blockchain, an Diego Blockchain Legal Forum
IEEE
Keynote Speaker
San Diego Blockchain Legal Forum
Emerging Health Technology: Privacy and Data Protection in the Age of Digital Healthcare, VA Privacy Symposium, Webinar
Blockchain Applications in the Digitization of Transport
The World Bank
Overview of Cryptocurrency and Blockchain Technology, Business Law Section Fall Meeting
NEW YORK STATE BAR ASSOCIATION
Using Blockchain Technologies to Streamline Contract and Supply Chain Management, Webinar
Webinar on Blockchain Games, Collectibles and Markets — Keeping it Legal,, Webinar
Legal Issues to Consider in a COVID-19 World, Virtual Reality Location-based Entertainment Summit
NFTs — Keeping it Legal and Staying Compliant, The Global NFT Summit
Season 1, Episode 3: NFTs - Keeping it Legal! (ft. Jim Gatto)
Covering Your Digital Assets: Intellectual Property Rights and Gaming, Game On! Summit
Panelist
The Intersection of NFTs and Intellectual Property, NFTCON
Moderator
NFT Law Power Panel, DCentral Conference
Panelist
Artwork Ownership Authentication Digital Art and Copyrights and International Property Rights Protection
Dubai Culture and Arts Authority
Crypto Collectibles Blockchain, NFTs and Monetizing Digital Art
Dubai Culture and Arts Authority
Crypto-art and Economic Development Creating accessible art and digital assets
Dubai Culture and Arts Authority
Regulating Cryptocurrency Assets Around the World,
Houston Bar Association - International Law Section
Panelist
Can You Copyright AI Generated Content?, The Web3, Metaverse and AI Show
Copyrights and Artificial Intelligence: The Battle Between Content Creators and AI Developers
IPWatchdog Software Masters
Generative AI and Copyright Issues for Game Companies, Webinar
Entertainment Software Association
AI Inventorship, Listening Session - East Coast
United States Patent And Trademark Office
Panelist
Artificial Intelligence and Visual Arts
U.S. Copyright Office AI Listening Session
Panelist
AI Inventorship, Listening Session - West Coast
United States Patent And Trademark Office
Panelist
Generative AI: Legal Issues and Solutions, Marketing & Creative Conference
Generative AI Media
Intellectual Property – Boundaries of Permitted Use in New Tech Fields,, Technology Law Conference
ITechLaw World
Panelist
NFT and Blockchain Technology, Intellectual Property Law Section Seminar
Oklahoma Bar Association
Awards
Best Lawyers in America - Patent Law
BEST LAWYERS
Awarded 2021-2024
The World's Leading Patent Professionals
IAM Patent 1000
Awarded 2023-2024
Super Lawyer
Super Lawyers
Awarded 2006-2008, 2010-2014, 2017-2024
IP Star
Managing Intellectual Property
Awarded 2013-2014, 2018-2020, 2022-2024
Intellectual Property - Northern Virginia
Chambers USA
Awarded 2007-2024
Leading IP Strategist
IAM Strategy 300
Recommended Lawyer - Media and Entertainment
Legal 500
Technology Transactions
Legal 500
Awarded 2016, 2020-2022
Cryptocurrency, Blockchain and Fintech Trailblazer
The National Law Journal
Thought Leader on Blockchain & Cryptocurrencies
National Law Review
Top Rated Lawyer
Martindale-Hubbell AV Preeminent
Professional Associations
Virginia State Bar
Member
Current
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AMERICAN INTELLECTUAL PROPERTY LAW ASSOCIATION
Member
Current
Activities: Chair Blockchain/NFT subcommittee
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American Bar association
Member
Current
Activities: Member IP Section, NFT Task Force and Artificial Intelligence/Machine Learning (AI/ML) Task Force
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NIST Generative AI Public Working Group
Member
Current
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Blockchain Games Association
Member
Current
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Government Blockchain Association
Member
Current
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International Technology Law Association
Member
Current
Activities: Helped form Interactive Entertainment and Media Committee; lead Startup Committee
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District of Columbia Bar
Member
- Current
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Jurisdictions Admitted to Practice
District of Columbia
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U.S. Patent and Trademark Office
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Virginia
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Federal Circuit
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U.S. Court of Federal Claims
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U.S. District Court for the District of Columbia
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Practice Areas
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Entertainment & Sports Law
Health Care Law
Patents
Patent Appeals, Patent Litigation, Patent Prosecution
Intellectual Property
Additional Practice Areas
  • Advertising
  • Artificial Intelligence
  • ESG and Sustainability
  • Technology Transactions
Languages
  • English: Spoken, Written
Websites & Blogs
Website
James Gatto's Attorney Profile
Contact & Map
Sheppard Mullin
2099 Pennsylvania Avenue, N.W.
Suite 100
Washington, DC 20006
Telephone: (202) 747-1945
Fax: (202) 747-3893