Amy L. Baker Partner

     

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Amy Baker is an experienced litigator with a background primarily in complex claims and deep experience with product liability, FDA compliance, intellectual property and brand protection, and privacy and data protection. She has handled matters on behalf of high tech and life sciences companies involving emerging and state-of-the-art technology products and services, brand management, intellectual property, growth strategies and more. Over the past decade, Amy has handled transactional matters and practiced in state and federal courts in Florida and California. She has tried several cases to successful verdicts for clients in a variety of industries in addition to briefing and arguing cases on appeal and handling administrative proceedings. Her cases have included intellectual property litigation, deceptive and unfair trade practices, privacy and data breach matters, class actions, product liability, food, pharmaceutical and medical device litigation, and employment law matters.

Areas of Focus

Technology & Life Sciences
Amy is particularly adept at handling technically challenging and complex litigation, defending matters that are factually and procedurally intricate. Her practice grows apace with her clients’ involvement in developing technologies and the molecular, cellular and functional basis of therapy in the health care field, with an emphasis on the attendant implications for product liability exposures and security vulnerabilities. She is much in demand as a speaker and author on emerging technologies and the life sciences, continually monitoring advances in the life sciences, artificial intelligence, virtual reality, drones, the Internet of Things, 3D printing, wearable technology, robotics and more.

Amy works with young companies on the cutting edge that offer novel products or services, assisting them with brand protection, intellectual property, corporate agreements and employee agreements. She leverages Wilson Elser’s dynamic cross-practice capabilities to assist clients with related matters such as acquisitions, mergers or capital transactions.

As part of her practice Amy advises companies on compliance with Food & Drug Administration regulations. She has counseled medical device manufacturers, pharmaceutical companies, cosmetic companies and beverage companies on FDA compliance and has litigated claims involving improper warnings, misbranding and false advertising.

Intellectual Property / Brand Protection
Amy handles the prosecution and defense of patent, trademark, copyright and trade secret litigation on behalf of life sciences, technology, agricultural and hobbyist companies. She has brought patent and trademark claims on behalf of life sciences and technology companies and prominent national brands, and is experienced in Lanham Act litigation. Amy also has successfully defended numerous copyright infringement claims and handled trade secret litigation on behalf of technology companies and military subcontractors.

Amy proactively counsels clients in planning and executing programs to protect their intellectual property rights, such as registration and licensing of trademarks, preparation of license agreements for software and other works, and brand building. She conducts and oversees audits of company policies and websites for compliance with state and federal laws and prepares internet-related documents such as terms of use, privacy policies and terms of sale. In the area of brand protection, Amy
performs clearance searches and advises on the availability of trademarks and service marks, and prepares applications for registration in the USPTO.

In addition, Amy manages trademark enforcement strategies, including handling opposition and cancellation proceedings, and drafting and negotiating settlement agreements and coexistence agreements. She also is experienced in domain name matters and routinely advises on copyright issues, handling registration programs in the U.S. Copyright Office. Amy assists in drafting trademark use guidelines to help reduce potential risks associated with third-party use of intellectual property assets.

Cyber Security & Data Privacy
Amy is called upon to handle some of the most challenging and technical cyber cases. She sorts through the complex technical and legal issues that characterize matters such as data breach, violations of privacy rights, technology errors and omissions, web-based media issues, unfair trade practices and consumer protection violations. She seeks cost-effective solutions through early assessment and negotiations, alternative dispute resolution or summary judgment motions. When early resolutions are not possible, Amy does not hesitate to resolve cases in court.

Amy handles data breach response for health care providers and other companies, litigates cyber-attack cases on behalf of technology companies, and advises companies and insurers on data security for life sciences and health care companies. Her articles on planning for and responding to cyber-attacks and her appearances at programs and events geared toward the cyber world have gained Amy recognition as an authority on the legal aspects of doing business in the age of technology.

Product Liability
Amy represents manufacturers in litigation involving state-of-the-art products, novel technology, medical devices, pharmaceuticals and other products. Keenly aware those product liability exposures drive the litigation risk profile of manufacturers of brand and generic drugs and medical devices, Amy stays current with the latest regulations and case law affecting the industry. While in litigation, she keeps a close eye on the potential effects on risk management, insurance coverage, brand image, financing, financial reporting, corporate governance, future corporate transactions and communications with shareholders.

Product liability claims rarely are limited to one court or jurisdiction, and each claim could have nationwide or even international implications. Amy’s position in a national firm and Wilson Elser’s membership in Legalign Global, a close alliance of four of the world’s leading insurance law firms, extend her capabilities wherever needed. Amy also has an excellent record of success in defeating class certifications.

In addition to representing manufacturers in product liability matters, Amy drafts and litigates non-compete and non-disclosure agreements and handles unfair competition/misleading advertising claims between life sciences, health care and technology companies.

Professional Liability / Medical Malpractice
Leveraging her extensive experience representing hospitals and medical professionals accused of breaching duty, including litigating claims under the Birth-Related Neurological Injury Compensation Plan created by the Florida Legislature in 1988, Amy represents a range of individuals and companies in professional liability matters, including accountants, lawyers, life insurance companies and various miscellaneous professionals. In addition, Amy has defended litigation involving errors made by brokers and has litigated the extent of the broker-dealer relationship on behalf of broker-dealers and their affiliated entities, such as life insurance companies.

As dictated by a client’s needs, Amy collaborates with other functional areas within the firm. These resources can be brought to bear to assist with the growing number of challenges that arise in various facets of a case, including cyber risk, privacy rights, employment law, management liability, government affairs, unfair competition, class actions and commercial/ transactional services.

Employment Compliance & Litigation
Amy advises clients on difficult workplace issues and assists in developing sound personnel policies and practices, along with strategies to avoid litigation. She works with clients to create employment contracts, non-compete agreements and trade secret agreements. Amy has defended employers in proceedings before state and federal courts and the Florida appellate courts and before administrative agencies and the EEOC. She handles all types of employment litigation, including retaliation, discrimination and harassment, restrictive covenants and whistleblower claims as well as litigation relating to protected leaves of absence and disability issues. She also has experience defending employers in wage-and-hour matters, including class actions and representative lawsuits.