Liz McDougall
Senior Counsel
Liz McDougall is a distinguished and dynamic litigator specializing in internet and digital media law, with deep expertise in online speech and intellectual property intermediary liability.
Phone Number
415-955-1155 Ext. 138
Email Address
Liz McDougall
Senior Counsel
Liz McDougall is a distinguished and dynamic litigator specializing in internet and digital media law, with deep expertise in online speech and intellectual property intermediary liability.
Phone Number
415-955-1155 Ext. 138
Email Address
Liz has a history of successfully litigating cutting-edge issues in cases involving the intersection of free speech and intellectual property rights on emerging digital platforms.
In her career, Liz has represented emerging and leading global technology companies in landmark litigation involving online platform liability protection (CDA §230), digital copyright enforcement (DMCA), and unauthorized computer access (CFAA) claims. She has litigated matters in federal and state courts coast to coast.
With experience from myriad perspectives as former outside counsel, legal consultant, and inhouse counsel for technology-forward clients, Liz provides advice, strategy, and advocacy to enforce and defend legal rights with appreciation for the balance between underlying interests (business or personal) and litigation costs, procedures, and outcomes. Clients rely on her when they need sharp analysis and creative problem-solving, as well as relentless advocacy.
To help a client get where they want to be in a matter, I have to know where they want to go; in other words, learning and understanding the client’s goals and priorities are paramount to devising and executing their best litigation and/or negotiation strategies.
In addition to litigation, Liz has supported clients’ relations with government and non-governmental organizations and representatives, clients’ interactions with law enforcement, and clients’ public education efforts on issues of civil interest.
At Kronenberger Rosenfeld, Liz continues her online content litigation focus, emphasizing prosecution and defense of claims related to protected speech, intellectual property, and unauthorized computer access. In these continuously evolving areas, particularly with the introduction of AI to the mix, she imposes clarity and demands rationality to the legal challenges.
Although government regulation may struggle to keep pace with rapid technological advancements, rational decision-making in the courts is possible when judges are ready to learn and lawyers are thoughtfully armed to teach them.
Liz is licensed to practice in federal and state courts in California, New York, and Washington State, as well as the United States Supreme Court.
She graduated magna cum laude from the University of Ottawa (1989), where she earned a B.S. in Social Sciences. She received her Juris Doctor from New York University School of Law (1993).
EDUCATION
New York University School of Law - Juris Doctor 1993
University of Ottawa - Bachelor of Social Sciences (magna cum laude) 1989
BAR ADMISSIONS
§ California 2021
§ Washington 1997
§ New York 1994
U.S. Supreme Court
MEMBERSHIPS
Additional Attributes for Liz McDougall
- Won summary judgment for e-commerce platform service (on detailed record, including document and deposition evidence from plaintiff, multiple co-defendants, experts, celebrity photographers, and celebrities) in defense of action by stock photography company related to celebrity portraiture photographs advertised on platform alleging direct and vicarious copyright infringement, false designation of origin (by implied reverse passing off) and trademark dilution in violation of the Lanham Act, violation of the Washington consumer protection statute, and tortious interference with business relations with celebrities and celebrity photographers; defenses included safe harbor protection under DMCA § 512(c), copyright preemption, and CDA § 230.
- Obtained trial court dismissal and appellate court affirmation of dismissal under CDA §230 on issue of first impression regarding application of § 230 to website for claims based on allegedly defamatory user book reviews.
- Won motion to dismiss pursuant to CDA § 230 for website regarding $10 million case for injuries allegedly related to handgun purchased illicitly from a classified ad on the website.
- Developed and implemented multiple programs for online copyright, trademark, trade dress, and CFAA infringement detection, investigation, and enforcement; oversaw teams of attorneys and paralegals to implement cease-and-desist demands and dozens of lawsuits; successful resolutions by settlement, mediations, dispositive motions, and default judgments.
- Successful dismissal of client from purported class action under California’s anti-spam and consumer protection laws for use of multiple domains in sending emails to consumers, appealed to and affirmed by California Supreme.
- Successfully defended wireless carrier in multiple federal district court class actions consolidated into a multidistrict litigation of cases against wireless handset manufacturers and wireless vendors related to 911 emergency call processing; resolved after discovery by voluntary dismissal.
- “Judicial Interpretations of the Communications Decency Act § 230”, Seattle University School of Law (Guest Lecturer), 2024
- “Judicial Interpretations of the Communications Decency Act § 230”, UC Berkeley School of Law (Guest Lecturer), 2022
- “Probing the Outer Limits of Section 230”, Legal Frontiers in Digital Media Conference, 2015
- “Online Tools and Techniques for Investigating and Prosecuting Human Trafficking Cases”, Interpol Global Conference on Trafficking in Human Beings (Lyon, France), 2014
- “Online Tools and Techniques for Investigating and Prosecuting Human Trafficking Cases”, Task Force and Department Trainings for New York Police Department, Los Angeles Police Department, and Louisiana State Police Department, 2013-2015
“Eye of a Storm”, Corporate Counsel Magazine, November 2012 (Featured)
- “Trying to Have Your ODS and Foreign-Flag Vessels Too”, Journal of Maritime Law and Commerce, 1994
- “Application of salvage law or law of finds to recovery of wreck”, International Insurance Law Review, April 1994
- “Opting out of COGSA’s limitation of liability”, International Insurance Law Review, February 1995
- Arizona Human Trafficking Task Force, Office of the Arizona Governor, 2013. Hearing on Domestic Minor Sex Trafficking and Online Advertising.
- New York City Council, 2012. Proposed Resolution Regarding Village Voice Media Online Advertising, Hearing on Village Voice Media Online Advertising Service.
- United States House Judiciary Committee, 2010. Hearing on Domestic Minor Sex Trafficking and Online Advertising.
- Won summary judgment for e-commerce platform service (on detailed record, including document and deposition evidence from plaintiff, multiple co-defendants, experts, celebrity photographers, and celebrities) in defense of action by stock photography company related to celebrity portraiture photographs advertised on platform alleging direct and vicarious copyright infringement, false designation of origin (by implied reverse passing off) and trademark dilution in violation of the Lanham Act, violation of the Washington consumer protection statute, and tortious interference with business relations with celebrities and celebrity photographers; defenses included safe harbor protection under DMCA § 512(c), copyright preemption, and CDA § 230.
- Obtained trial court dismissal and appellate court affirmation of dismissal under CDA §230 on issue of first impression regarding application of § 230 to website for claims based on allegedly defamatory user book reviews.
- Won motion to dismiss pursuant to CDA § 230 for website regarding $10 million case for injuries allegedly related to handgun purchased illicitly from a classified ad on the website.
- Developed and implemented multiple programs for online copyright, trademark, trade dress, and CFAA infringement detection, investigation, and enforcement; oversaw teams of attorneys and paralegals to implement cease-and-desist demands and dozens of lawsuits; successful resolutions by settlement, mediations, dispositive motions, and default judgments.
- Successful dismissal of client from purported class action under California’s anti-spam and consumer protection laws for use of multiple domains in sending emails to consumers, appealed to and affirmed by California Supreme.
- Successfully defended wireless carrier in multiple federal district court class actions consolidated into a multidistrict litigation of cases against wireless handset manufacturers and wireless vendors related to 911 emergency call processing; resolved after discovery by voluntary dismissal.
- “Judicial Interpretations of the Communications Decency Act § 230”, Seattle University School of Law (Guest Lecturer), 2024
- “Judicial Interpretations of the Communications Decency Act § 230”, UC Berkeley School of Law (Guest Lecturer), 2022
- “Probing the Outer Limits of Section 230”, Legal Frontiers in Digital Media Conference, 2015
- “Online Tools and Techniques for Investigating and Prosecuting Human Trafficking Cases”, Interpol Global Conference on Trafficking in Human Beings (Lyon, France), 2014
- “Online Tools and Techniques for Investigating and Prosecuting Human Trafficking Cases”, Task Force and Department Trainings for New York Police Department, Los Angeles Police Department, and Louisiana State Police Department, 2013-2015
“Eye of a Storm”, Corporate Counsel Magazine, November 2012 (Featured)
- “Trying to Have Your ODS and Foreign-Flag Vessels Too”, Journal of Maritime Law and Commerce, 1994
- “Application of salvage law or law of finds to recovery of wreck”, International Insurance Law Review, April 1994
- “Opting out of COGSA’s limitation of liability”, International Insurance Law Review, February 1995
- Arizona Human Trafficking Task Force, Office of the Arizona Governor, 2013. Hearing on Domestic Minor Sex Trafficking and Online Advertising.
- New York City Council, 2012. Proposed Resolution Regarding Village Voice Media Online Advertising, Hearing on Village Voice Media Online Advertising Service.
- United States House Judiciary Committee, 2010. Hearing on Domestic Minor Sex Trafficking and Online Advertising.
