David is a Principal and trial lawyer in the Boston and New York offices of Fish & Richardson P.C., where he specializes in media, copyright and trademark litigation. In his twenty-year legal career, he has represented prominent clients including The New York Times, The Boston Globe, New Balance Athletic Shoe, Cablevision and Houghton Mifflin Harcourt in significant media and intellectual property matters of first impression. He is currently lead trial counsel for the defendant in ABC v. Aereo, and WNET v. Aereo, two highly publicized copyright cases on remand from the United States Supreme Court. In 2013, The Hollywood Reporter included David in its annual Power 100 edition, highlighting the most influential entertainment attorneys in the country, and naming his team’s defense of Aereo as “Case of the Year.” He has been recognized as a leading practitioner in The American Lawyer, The World Trademark Review 1000, and The Legal 500, among other legal publications. He writes extensively about the law, and has lectured at Harvard Law School’s Berkman Center and Boston College Law School.
Throughout his career, David has been involved in some of the most widely followed cases in the area of copyrights, trademarks and media law. In addition to serving as Aereo’s lead trial counsel in the successful defense in the district court (874 F. Supp.2d 373 (S.D.N.Y. 2012)) and lead appellate counsel in the successful appeal at the Second Circuit (712 F.3d 676 (2d Cir. 2013)), David represented Cablevision at the district court in Cartoon Network LLP v. CSC Holdings, Inc. (478 F. Supp. 2d 607 (S.D.N.Y. 2007)), and was instrumental in developing the arguments that ultimately succeeded at the Second Circuit, which clarified copyright law on issues of both reproduction and public performance (536 F.3d 121 (2d Cir. 2008). His successful trial defense of his client in a trademark matter in Coach Services, Inc. v. Triumph Learning LLC (96 U.S.P.Q.2d 1600 (T.T.A.B. 2010)), and his subsequent success in defending that verdict before the Federal Circuit (668 F.3d 1356 (Fed. Cir. 2012)) established a new standard for “fame” in trademark dilution cases. He was lead trial counsel for the New York Times and The Boston Globe in Gatehouse v. The New York Times, a case of first impression that involved both copyright and trademark claims, which settled favorably just prior to trial. His team’s defense of Recorded Books against trademark and copyright claims in Brilliance Audio v. Haights Cross Communications at the trial court established new law with respect to the first sale doctrine, and he successfully defended that result before the Sixth Circuit (474 F.3d 365 (6th Cir. 2007)). As a senior associate, he was a member of the trial and appellate team in Lorillard v. Reilly, a case that was ultimately decided in the client’s favor at the United States Supreme Court (533 U.S. 525 (2001)), in one of the leading first amendment commercial speech decisions in recent jurisprudence.
David brings the creativity and determination necessary for cases of first impression to all of the matters he handles, whether they involve issues that are novel and complex or more traditional. He has tried matters to both juries and judges, and prepares every one of his cases with the assumption that the matter will be tried to verdict. That attention to preparation often leads to positive results before trial in favorable settlements or rulings on motions to dismiss or on summary judgment, which saves clients time and expense.
David is also a novelist who writes on his ferry commute to work. His first book, DARK HARBOR, was nominated for the Barry Award for best first novel in 2005, and was one of Book Sense’s picks of the month. Since then, six more of his novels have been published, including the bestsellers INNOCENCE and AMONG THIEVES. His books have been translated into numerous foreign languages, including French, German, Polish, Spanish, Japanese and Dutch. Of David’s writing, London’s Daily Telegraph has commented, “Hosp is a born storyteller, a master of quirky character and detail who enthralls through the simple, but elusive, expedient of never seeming to write a dull sentence.”
World Trademark Review 1000, a peer and client survey, has recognized Mr. Hosp as a leading intellectual property litigator since its inaugural edition (2011-2014). WTR 1000 noted his “enviable track record on high-profile, high-value soft IP cases,” and has characterized his litigation work as “incredibly impressive.” He has also been praised by The Legal 500, another peer and client survey, for being “smart, creative, and anticipat[ing] everything.”
In May 2013, The Hollywood Reporter selected Mr. Hosp for their Top 100 Power Lawyers for his lead role in the successful defense of Aereo, Inc. In July 2012, Mr. Hosp was recognized as Litigator of the Week by The American Lawyer.
Mr. Hosp has been selected as a Rising Star in multiple editions of Massachusetts Super Lawyers. While at George Washington University Law Center, Mr. Hosp was a member of the George Washington University Law Review.