Dominique Shelton is a partner in the Intellectual Property department of Edwards Wildman's Los Angeles office. Her practice focuses on digital marketing and privacy counseling as well as complex commercial litigation with particular concentrations in the areas of privacy, intellectual property, unfair competition and antitrust. Dominique has represented Fortune 500 companies, startup ventures, and privately held companies in litigation involving advertising, technology, entertainment, and software industries. Her representative clients include original equipment manufacturers, television and film studios, cable channels, technology companies, semiconductor distributors, and major arts institutions in Los Angeles.
Ms. Shelton has litigated matters involving various state and federal laws, including but not limited to the Fair Credit Reporting Act, Telephone Consumer Protection Act (TCPA), Federal Trade Commission Act (FTC Act), Electronic Communications Privacy Act (ECPA), Computer Fraud & Abuse Act, California False Advertising Law (Business & Professions Code §17500), California Unfair Competition Law (Business & Professions Code §17200), and California Penal Code § 502. She has also negotiated with the CA AG and FTC.
In addition to her litigation practice, Ms. Shelton regularly counsels clients on how to avoid litigation through compliance with rapidly evolving privacy and digital advertising laws. As a counselor, Dominique has represented companies in a variety of industries and service sectors, including digital sales and marketing, advertising, wireless/mobile, Internet, lead generation, manufacturing and electrical, software, telecommunications, television, music and entertainment, legal services, automotive parts and services, dietary supplement, food, and health and beauty. She has advised clients on cutting edge legal issues arising from Web 3.0 marketing, including behavioral advertising, social networking websites, user-generated content, mobile marketing, mobile apps and digital advertising.
Dominique is a Certified Information Privacy Professional, accredited by the International Association of Privacy Professionals.
- Advising companies on “Do not Track” and behavioral advertising, and industry best practices as articulated by the FTC, CA AG, self-regulatory groups DAA, IAB and NAI, Truste, Better Business Bureau.
- Advising significant financial entities, ecommerce sites, and media and entertainment companies on best practices for mobile privacy compliance.
- Counseling companies on best practices for collection of data through digital advertising promotions, contests and sweepstakes.
- Counseling clients regarding best practices for use of data in data management platforms (“DMP”) and other “Big Data” database platforms.
- Advising clients on best practices for sharing data with affiliates, co-branded marketing teams, and third parties.
- Advising clients on compliance with the Children’s Online Privacy Protection Act (“COPPA”).
- Counseling clients on developments with litigation involving the Video Privacy Protection Act (“VPPA”) and how to achieve compliance with December 2012 amendments.
- Conducting data security audits and assisting with cypersecurity programs to implement data governance standards and best practices for data security.
- In 2010, obtained denial of class certification in privacy class action litigation in which statutory damages were up to $29 billion.
- Successfully defended a technology company and obtained denial of Temporary Restraining Order and Permanent Injunction in 2010.
- Representing technology company in $40 million copyright litigation against government contractor, and in 2009 obtained denial of summary judgment where court rejected defendants' government contractor defense. Obtained second denial of summary judgment on copyright claims in January 2011.
- Representing technology company in multimillion dollar copyright and trademark litigation.
- Representing media agency in intellectual property litigation related to malvertisement under the Copyright Act, Lanham Act and Anti-Cybersquatting Act.
- Representing the bankruptcy trustee in significant litigation concerning ownership of a digital music catalogue.
- Representing a financial institution in enforcement actions pertaining to their online intellectual property protection, including trademark infringement.
- Represents large companies in class action litigation in state and federal court, including class action litigation pertaining to the Fair and Accurate Credit Card Transaction Act ("FACTA").
- Represented national automobile company regarding an online copyright and trademark enforcement program, which settled favorably for the client.
- Successfully defended a manufacturer of inkjet refill kits against a competitor's claims for recovery based upon theories of trademark infringement, trade dress and dilution.
- Defended a medical device manufacturer in patent revocation lawsuit, quickly preventing revocation of the patent that was at the core of the client's business.
- Defended a major Los Angeles-based art museum in trademark infringement and unfair competition case relating to claims under the Federal Lanham Act, California state trademark law, and California's Unfair Business Practices Act, resulting in no out-of-pocket payments by the client.
- Represented a major Los Angeles based contemporary arts museum in intellectual property matters.
- Represented the fourth largest distributor of electronic components in trademark infringement lawsuit against a competitor that was using the client's mark in print and online. Dominique successfully obtained a final injunction order in the Central District Court preventing the use of the mark, and revoked the web domain name under the Uniform Domain Name Dispute Resolution administrative procedures.
- Represented a private venture capital fund in recovering damages from radio station owners in Dayton, Ohio for breach of promissory notes, guarantees and security instruments. Successfully obtaining summary judgment, and ruling for receiver after the defendant filed for bankruptcy.
- Advising advertisers, product manufacturers, smart phone application developers, major entertainment associations, production companies, media and event companies and cable studios regarding intellectual property, privacy, and regulatory issues arising from Web 2.0, social networking websites, user-generated content, mobile content and digital advertising. Represented a web to on-online video-on-demand channel in intellectual property licensing litigation in California and Massachusetts.
- Named Intellectual Property Lawyer of the Year by the Century City Bar Association in 2012.
- Included in the 2012 and 2013 Southern California Super Lawyers Intellectual Property listings by Thomson & Reuters.
- Named Woman of Achievement by the Century City Chamber of Commerce (2006).
- Named by the Los Angeles Daily Journal as a Top Woman Litigator in 2005.
- President of Women Lawyers Association of Los Angeles (2005-2006).
- Named by the Los Angeles Daily Journal as one of "20 Under 40" lawyers most likely to succeed in 1997.
- Named by the Legal Aid Foundation of Los Angeles as the "Maynard Toll Pro bono Associate of the Year" in 1996.
Recent Speaking Engagements and Publications
- Co-Author, “Citing Cablevision Decision, Second Circuit Affirms Lower Court Denial of Broadcasters’ Request for a Preliminary Injunction Against Aereo’s Antenna/DVR Service,” Edwards Wildman Client Advisory, April 3, 2013.
- Speaker, Update on Social Media and Mobile Computing, IAPP Knowledge Net, Los Angeles, CA April 2, 2013.
- Co-Author, “Regulators are Expressing Heightened Interest in Mobile Apps and Privacy Enforcement: Is Your Company Prepared?,” Edwards Wildman Client Advisory, April 2013.
- Speaker, “New FTC Mobile Privacy Guidelines" Law Seminars International, March 28, 2013, (Telebriefing).
- Author, “Litigation Risk for Website and Mobile Apps Marketing,” Today’s General counsel, March 2013.
- Co-Author, "CVAA Compliance Reminder," Edwards Wildman Palmer LLP Client Advisory, March 2013.
- Co-Author, "FTC Announces $800,000 Settlement with Mobile Social Networking App Developer and Mobile Privacy Guidance," Edwards Wildman Client Advisory; Also published in Law360, February 2013.
- Co-Author, "FCC’s Accessibility Recordkeeping Requirements Go Into Effect," Edwards Wildman Palmer LLP Client Advisory, January 30, 2013.
- Author, "The Benefits and Risks of Privacy in Today's Digital Marketing Age," Corporate Compliance Insights, January 10, 2013.
- Author, "CA State AG Issues Broad Report on Mobile Apps – More Obligations and Enforcement Coming," Edwards Wildman Client Advisory, January 2013.
- Quoted, "Web Firm Settles Claims Over 'Surreptitious' Internet Tracking," Reuters Westlaw Journal Computer & Internet, December 21, 2012.
- Speaker, “Putting it Together: Running Programs on Social Media, Mobile, and Apps" PLI’s Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2012 Conference, November 13, 2012 (San Francisco, CA).
- Author, "Online Behavioral Advertising Tracking Users: Gold Mine or Land Mine?," Landslide, Volume 5, Number 1, Sept/Oct 2012 (published by the American Bar Association)
- Speaker, “Behavioral Advertising and Other Privacy Issues in Social Media: The Benefits and Risks of Targeted Ads,” PLI’s Technology and Entertainment Convergence 2012: Hot Business and Legal Issues in "Technotainment", September 7, 2012 (New York, NY); September 19, 2012 (San Francisco, CA).
- Speaker, Stanford Law School’s E-Commerce Best Practices Conference, June 18, 2012.
- Speaker, "Litigation Considerations," IAPP Practical Privacy Series: Data Breach, June 6, 2012.
- Speaker, " the Current Online Behavioral Advertising Landscape," PLI’s Privacy and Data Security Law Institute, May 21-22, 2012.
- Speaker, "Protecting Privacy and IP in Social Media," Black Women Lawyers Association of Greater Chicago’s 2012 National Summit, Chicago, Illinois, April 13, 2012.
- Speaker, Media Concentration in a Global Digital Universe: The Changing Role of Hollywood and the Entertainment Industry, University of Tennessee College of Law Entertainment Law Conference titled, "Metamorphosis How Technology is Reshaping Entertainment," March 31, 2012.
- Co-Author, "FCC Announces Effective Date of Closed Captioning Rules for IP-Delivered Programming," Edwards Wildman Palmer LLP Client Advisory, March 30, 2012.
- Co-Author, “Big Brother Is Online And A Rising Risk For Insurers,” Law360, March 29, 2012.
- Co-Author, "Online Behavioral Advertising/Tracking Litigation: A Rising Risk Facing Insurers and Insureds," Edwards Wildman Insurance and Reinsurance Review, March 2012.
- Author, “Takeaways From Obama’s New Consumer Privacy Framework,” Daily Journal, March 2, 2012.
- Moderator, “Cloud Computing: Healthcare IT Models,” ABA Section of Science & Technology Law’s Think Outside the Box Lunch, Chicago, Illinois, March 2, 2012.
- Co-Author, “California and White House Privacy Announcements Usher in New Era for Consumer Data Privacy – Mobile and Targeting Are Reform Priorities,” Edwards Wildman Palmer LLP Client Advisory, March 2012.
- Speaker, "Social Media's Evolving Legal and Ethical Considerations: Can We All Be Friends?,” National Bar Association Commercial Law Section’s 25th Annual Corporate Counsel Conference, February 24, 2012.
- Speaker, "Bonjour! Bonjour! The Internet World Tour!,” The Copyright Society of the USA 2012 Mid-Winter Meeting, Los Angeles, California, February 4, 2012.
- Author, "Montz – Breaking New Ground for Idea Submission Law after the U.S. Supreme Court Denies Cert," Entertainment & Intellectual Property Law Journal, Volume 2, Number 1, February 2012.
- Co-Author, "FCC Adopts Closed Captioning Rules for IP-Delivered Programming," Edwards Wildman Palmer LLP Client Advisory, January 2012.
- Quoted, "FTC Settlement Gives Facebook Leverage Over Competitors," The Washington Post, January 30, 2012.
- Speaker, “Claims and Defenses on the Merits: Defendant’s Perspective,” PLI’s Privacy and Behavioral Advertising Class Action Suits: What Every Litigator and In-House Lawyer Needs to Know Seminar, Palo Alto, California, January 24, 2012.
- Co-Author, "Oft-ignored California Law Spawns New Batch of Class Actions – Companies Dealing with California Consumer Data Need to Audit Practices and Policies," Edwards Wildman Palmer LLP Client Advisory, January 2012.
- Author, “The Right to Track,” The Recorder, January 9, 2012.
- Co-Author, "Online Behavioural Advertising: The Gathering US and European Union Storm," International Institute of Communications InterMedia Magazine, Volume 39, Issue 5, December 2011.
- Quoted, “Fans' Ideas at Risk,” LA Daily Journal, December 20, 2011.
- Speaker, “Data Privacy Class Actions: Key Strategic Considerations for Businesses,” Law Seminars International TeleBriefing, December 2, 2011.
- Quoted, “Dance Reality Show IP Case Settles,” LA Daily Journal, November 11, 2011.
- Quoted, “‘Ghost Hunters’ Case Could Limit the Way Projects are Presented to Nets, Studios,” Variety, November 8, 2011.
- Quoted, “Supreme Court Deals Setback to Hollywood, Won't Hear Key 'Ghost Hunters' Case,” The Hollywood Reporter, November 7, 2011.
- Guest Speaker, "Protect Your Privacy in the Information Age," KUCI Radio, November 7, 2011.
- Speaker, “Online Privacy: An Oxymoron? The Risks of Online Behavioral Advertising,” Professional Liability and Underwriter Society ("PLUS") 2011 Conference themed Your Global Neighborhood, November 3, 2011.
- Speaker, “Online Behavioural Advertising: The US and EU Regulatory Regime,” Edwards Wildman Palmer LLP Webinar, November 2, 2011.
- Speaker, "New Rules for a Changing Landscape: The Evolving Practice of Entertainment and Media Law," Black Entertainment and Sports Lawyers Association Annual Conference, October 28, 2011.
- Speaker, "Hot Topics in Entertainment Litigation for the In-House Attorney and the Talent, Studio, Network or Label Litigator," Black Entertainment and Sports Lawyers Association Annual Conference, October 27, 2011.
- Co-Author, “Defending Behavioral Ad Class Actions,” Law 360, October 20, 2011.
- Speaker, "The Perils of Social Media Under the Laws of the United States and Canada," American Bar Association (ABA) Annual Meeting, August 4, 2011.
- Speaker, “We Know Where You've Been: Emerging Rules in Online Behavioral Advertising,” Twelfth Annual Privacy and Data Security Law Institute, Chicago, Illinois, July 19, 2011.
- Co-Author, “Online Behavioral Advertising Litigation and Proposed Legislation: Lessons for Online Publishers and Advertisers,” M/E Insights, Winter/Spring 2011.
- Co-Author, “Do Not Track Me,” Corporate Counsel, May 18, 2011.
- Author, “Online Behavioral Advertising,” e-Commerce Law & Strategy, May 2011.
- Author, “Online Behavioral Advertising: Numerous Class Actions Pending: Preliminary Results Indicate More to Come,” Client Bulletin, March 23, 2011.
- Co-Author “How to Respond to Recent Developments in Consumer Information Regulation,” Client Bulletin, March 23, 2011.
- Speaker, “Approaching Web and Mobile 3.0: the Practical Evolution of a Digital Marketing Campaign,” In-house presentation at cable network, March 2, 2011.
- Co-Author, "The Descent of Behavioral Advertising Class Actions," The Daily Journal, March 2, 2011.
- Moderator, “Retweet This: Social Media & Internet Issues for In-house counsel,” National Bar Association Commercial Law Conference, February 25, 2011.
- Co-Author, “Consumer Privacy Litigation Alert: A Rash of Behavioral Advertising Class Actions Have Been Filed Implicating Company Websites and Mobile Applications,” Client Bulletin, January 21, 2011.
- Speaker, "Behavioral Advertising: Legal Update," Wildman Harrold, Chicago, January 12, 2011.
- Moderator, "Entertainment Law Year in Review," Beverly Hills Bar Association, January 2011.
- Speaker, “Approaching Web and Mobile 3.0: The Practical Evolution of Digital Marketing,” Insights for In-House Counsel, Wildman Harrold, Chicago, IL, March 5 and June 11, 2010; Silver Springs, MD, April 22, 2010.
- Moderator, “Courts and Social Media,” 2010 Central District of California Judicial Conference, April 17, 2010.
- Speaker, “Online, Social and Mobile Media: Navigating the Changes,” presented to Edelman PR April 27, 2010; and Mattel’s in-house counsel, March 30, 2010.
- Speaker, “Copyright Wars,” MCCA CLE Expo, March 18, 2010.
- Speaker, “ABA Section of Antitrust Law Consumer Protection Update,” March 1, 2010.
- Speaker, “Software in the Stratosphere: Practical Strategies for Copyright Enforcement in the Digital Age,” State Bar of California, 34th Annual Intellectual Property Institute: IP in Vogue, November 12, 2009.
- Speaker, "Recent Developments: Assessing the Behavioral Advertising Landscape," ABA Section of Antitrust Law - Privacy and Information Security, Consumer Protection, and Private Advertising Litigation Committees, October 7, 2009.
- Speaker, "Brave New World: New IP Risks in Evolving Media," MediaMorphosis2009, Beverly Hills, CA, February 3, 2009.
- Speaker, "January 2009 Privacy Update," ABA Section of Antitrust Law - The Privacy and Information Security, Corporate Counseling and Computer Industry & Internet Committees, January 13, 2009.
- Co-Author, "A Game Changer," Los Angeles Daily Journal, November 5, 2008.
- Keynote Address, "Web 2.0-Evolving Legal Issues Raised by User-Generated Content, Social Networking and Digital Advertising," 2008 Computer & Technology Law Institute, October 24, 2008.
- Speaker, "Web 2.0 Social Networking, User-Generated Content and Digital Advertising: Evolving Legal Issues," USC 50th Anniversary Institute on Entertainment Law and Business Your Television is Ringing: Entertainment in a Digital World, October 18, 2008.
- Speaker, "Digital CrossRoads in Entertainment," Georgetown Entertainment Media Alliance October 1, 2008.
- Co-Author, "California Sweepstakes Bill Signed Into Law By Governor Schwarzenegger," Client Bulletin, October 2008.
- Author, "EU, US Grapple With Online Counterfeit Goods," Law 360, October 1, 2008.
- Author, "Will Congress Squelch Behavioral Advertising?" E-Commerce Times, August 27, 2008.
- Author, "Online Behavioral Advertising—Key To Internet Monetization Or Privacy Probes?" Privacy & Information Law Report, July/August 2008.
Besides Edwards Wildman
Dominique has mentored students through the Urban League's Black Executive Exchange Program, and through her involvement in bar associations. Since 2003, she has been a member of the Museum of Contemporary Art's ("MOCA") Drawings Committee, which advises and oversees MOCA's acquisitions and collections management. Prior to joining the Drawings Committee, Dominique served as a member of the MOCA Contemporaries Board from 1998 to 2003.