Gaming and Interactive Media

Cooley helps clients create, acquire, activate, protect, and monetize gaming and interactive media related assets. Our deep experience, coupled with our international footprint and expansive resources, means we can scale with clients wherever they are and however they grow.

At every stage, we leverage our market-leading knowledge and cross-practice experience to proactively advise clients of “what’s around the corner” in terms of challenges, risks and opportunities that support their business goals and create trusted and strategic partnerships. That means continuing to serve as counsel throughout a company’s life cycle and pulling in practices that ensure that our clients get the highest level of service to meet their evolving needs. This continuity of service sets us apart as a deeply reliable team that knows your business inside and out.

Areas of Support

  • Corporate formation and structuring
  • Compliance strategies
  • Privacy strategy and policy
  • Publishing and distribution
  • Sponsorship partnerships
  • Endorsement agreements
  • Terms of service
  • Crisis management
  • Sensitive investigations
  • Class action litigation
  • M&A transactions
  • Trademark and copyright application and enforcement

Representative Experience

  • Assisted an award-winning independent games studio with their development and publishing agreements, game engine license agreement, international distribution agreements, esports franchise program, collaboration and publishing agreements, gaming tournament agreements and trademark license agreements.
  • Defended a multinational video game company in against a patent infringement lawsuit directed at a feature of its popular gaming system, as well as advised on European product compliance and policy issues.
  • Represented fast-growing independent games studio with multiple venture financings from institutional and strategic investors, as well as expansion of operations and workforce to foreign countries.
  • Supported an online and mobile gaming supplier in a global data protection project and provided ad hoc support regarding specific questions on the client’s internal handling of personal data.
  • Secured a victory for an American video game holding company and certain officers in a securities class action alleging the company made false and misleading statements. Our motion to dismiss was granted.
  • Counseled an American software development company in multiple lawsuits, including novel trespass claims, and advised on related risk mitigation.
  • Represented an online game platform and game creation system in multiple lawsuits, including a civil RICO and consumer protection lawsuit alleging that the company facilitates online gambling via its virtual currency, and a lawsuit alleging that the company misrepresented the safety of its platform for children.
  • Defended a video game developer and publisher against three global consumer class actions alleging false advertising, unfair competition, illegal gambling and privacy violations regarding in-game representations and transactions.
  • Assisted an American Esports organizations with Overwatch League and Call of Duty League player agreements, as well as Call of Duty/Overwatch League team participation agreements, as well as acquisitions and sales of Esports teams.
  • Advised science fiction-themed top-down multidirectional shooter game on various creator projects, including platform agreements, content license agreements, brand deals, collectible and other merchandise deals and activation event deals.
  • Counseled an American multinational technology conglomerate on a headset-related recall.
  • Defended a Chinese multinational technology conglomerate in litigation alleging various video gaming content is unlawfully addictive for minors.