Diana Torres
Overview
Diana Torres is an intellectual property and commercial litigation partner in Kirkland's Los Angeles and Bay Area offices. Diana focuses her practice on false advertising, unfair competition, trademark, copyright, and trade secrets matters, and has handled many high-profile matters for a wide variety of clients, including biometric information security software developers, consumer product manufacturers, fitness service providers, entertainment and media companies, and Internet service providers. Diana also advises clients on compliance and contractual issues and commercial legal strategy.
Diana’s achievements were featured in The Los Angeles Business Journal’s 2023 list of “Leaders of Influence: Litigation and Trial Attorneys,” and the Daily Journal's 2021 list of “Top Women Lawyers” in California. Diana is consistently recognized in The Legal 500 United States from 2010–2024 for excellence in copyright, trademark litigation, and trade secrets, remarking that she is "an extremely business savvy lawyer" and "the crème de la crème." Diana was also listed in the U.S. News and World Report, Best Lawyers® from 2010–2022, in the area of Intellectual Property Law and selected as a "California Super Lawyer" by Super Lawyers magazine every year since 2009. Recently, Diana was named to Lawdragon’s 2024 list of “500 Leading Litigators in America,” for commercial and IP litigation. In the 2022 edition of Chambers, clients report that Diana is “super client-oriented and an incredible strategist."
Experience
Representative Matters
Represents PepsiCo in connection with trademark litigation, including in connection with the reversal of a preliminary injunction entered against the client before Kirkland’s representation.
Represents leading children’s nutritional supplements brand in connection with global litigation against former Asian distributor.
Represents production company in related arbitrations against former studio partner.
Represents retailers in connection with consumer class actions alleging unfair business practices.
Represents maker of Stonefire Authentic Naan in false advertising litigation concerning the characteristics of its baking process.
Represents AECOM in false advertising and trademark litigation against competitor.
Represents a leading computer, mobile device and media player company in connection with trademark litigation brought by app developer.
Represents an artificial intelligence company in trade secrets litigation.
Represented Equinox in connection with trademark and false advertising litigation brought by competitor.
Represented Pindrop, Inc. in connection with copyright and unfair competition litigation brought by competitor.
Represented SoulCycle in trademark litigation.
Represented LifeLock in false advertising, trademark, and unfair competition litigation.
Represented Oracle in its appeal of a decision by the Northern District of California on the copyrightability of certain code in Oracle’s Java platform.
Represented well-known entertainment company in trade secrets and piracy matters.
Represented financial institutions in trademark litigation.
Represented well-known video game publisher and developer in recently-concluded copyright litigation.
Represented Mastro’s Restaurants in trademark litigation against former owners.
Represented The Limited Brands’ companies in copyright and trademark actions.
Represented Melrose Investors 2 LLC against Paramount Pictures Corp. and DW Studios LLC in litigation involving entertainment accounting.
Represented AWR Corporation in software piracy matters, including in a recently-concluded litigation against large foreign telecommunications company.
Represented Don Johnson Productions in litigation that resulted in substantial jury verdict in favor of actor’s production company and established ownership rights in successful television series.
Represented The Associated Press against artist and clothing company in litigation involving popular graphic art of then-Senator Barack Obama.
Represented travel website Oversee.net in trade secret litigation involving misappropriation of software code and confidential business information.
Represented the largest importer of Chinese-manufactured tires in intellectual property and general commercial disputes.
Represented Fox Television Stations, Canella Response Television and broadcasters around the country in putative defendant class action copyright infringement litigation.
Represented the International Olympic Committee and United States Olympic Committee in litigation against fraudulent ticket brokers.
Represented MySpace in highly-publicized litigation alleging primary and secondary copyright infringement liability from user-posted content online.
Represented the U.S. distributors of Splenda™ in false advertising cases brought by the Sugar Association and would-be class action representatives.
Represented video game developer Cryptic Studios, Inc., in the highly publicized copyright and trademark case, Marvel Entertainment, Inc. v. NCsoft Corp., et al, which involved alleged secondary liability for copyright and trademark infringement in connection with the award-winning video game, City of Heroes.
Represented Screen Actors Guild in Lanham Act and Computer Fraud and Abuse Act litigation.
Represented television producers in connection with trade secrets and intellectual property issues involving highly successful reality program.
Represented E. & J. Gallo Winery in trademark and unfair competition litigation.
Represented Twentieth Century Fox Film Corporation in David Hayter v. Twentieth Century Fox and Newmarket Press, involving issues concerning credit disputes and rights under the federal and state unfair competition and false advertising laws.
Represented Twentieth Century Fox Film Corporation in Twentieth Century Fox Film Corporation v. Marvel Enterprises, Inc., et al., a high-profile litigation involving cutting-edge issues of copyright, trademark, false advertising, and licensing law.
Represented Sony Music in Billy Paul v. Sony Music Entertainment, Inc., against copyright infringement, unfair competition and contract claims.
Represented Recording Industry Association of America in successful copyright infringement actions.
Represented Motion Picture Association of America as amicus curiae in the proceedings before the Ninth Circuit involving the preliminary injunction issued in In re Napster Copyright Litigation and related cases.
Represented and advised numerous companies in connection with contractual issues and commercial legal strategy.
Represented and advised internet-based businesses on a myriad of issues, including terms of use, DMCA compliance, and general legal issues.
Clerk & Government Experience
Law ClerkHonorable Consuelo B. MarshallUnited States District Court for the Central District of California
Prior Experience
Partner, O'Melveny & Myers LLP, 2001–2009
More
Thought Leadership
Publications
Co-author, "Hidden IP Pitfalls of Streaming Video and Best Practices to Avoid Them," Corporate Disputes, Jul–Sep 2020 issue
“Booking.com’s Supreme Court victory: what does it hold for the future of ‘generic.com’s?" World Intellectual Property Review, July 14, 2020
Co-author, "E-Trade Case Clarifies Calif. Trade Secret Royalty Framework," Law360, May 11, 2020
Co-author, “Best Practices to Maintain Confidentiality and Privilege Over Videoconference,” Corporate Counsel, May 8, 2020
Co-author, “Mitigating Intellectual Property Risks While Collaborating to Help the World,” Corporate Counsel, May 8, 2020
Adjunct Professor, “Fashion Law,” Southwestern Law School, Intersession, 2009
Co-author, “‘Let's [Not] Go Crazy’ With DMCA Takedowns,” IP Law360 Guest Column, December 4, 2008
“10th Circuit Affirms Grant of Summary Judgment Dismissing Trademark Infringement, Unfair Competition and Cybersquatting Claims in Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research,” Alert, June 2, 2008
“9th Circuit Rules That Copyright Act Bars Award of Statutory Damages for Post-Registration Infringements When the Initial Act of Infringement Occurs Prior to the Effective Copyright Registration Date;” Alert re: Derek Andrew, Inc. v. Poof Apparel, June 12, 2008
Seminars
Moderator, “Fashion & IP Law,” ChIPs Global Summit 2021
Panelist, “Emerging Trends and Hot Topics in IP,” ChIPs Global Summit 2020
TechGC Virtual Private Dinner, “The New ‘Private’: Protecting Your Company’s Information in a Fully Remote World,” January 21, 2021
Webinar Hosted by Berkeley Law and Kirkland & Ellis LLP, “IP Collaboration in the Time of COVID-19: How Not to Fight,” July 15, 2020
Kirkland & Ellis Copyright, Trademark, Internet & Advertising Symposia (New York, Los Angeles, Silicon Valley)
Annual SmartFlow Anti Piracy Summit, 2016–2018
Federal Bar Council, Winter Bench and Bar Meeting, February 2016, Ethics in Pre-litigation Surveys
Silicon Valley Association of Corporate Counsel's 23rd Annual All Hands Meeting, “Pursuing & Defending Copyright Infringement In High-Tech Industries,” December 7, 2011
Practising Law Institute, “Technology and Entertainment Convergence 2010: Hot Business and Legal Issues in ‘Technotainment,’” September 2010
Press Mentions
“Law360's Legal Lions Of The Week,” Law360, August 4, 2023
“Top Women 2021,” Daily Journal, May 19, 2021
Recognition
Adjunct Professor, “Fashion Law,” Southwestern Law School, Intersession, 2009
Memberships & Affiliations
Board of Governors, Los Angeles Chapter of the Association of Business Trial Lawyers
Board of Directors, Western Center on Law & Poverty Foundation
Board of Directors, Partnership for Los Angeles Schools
President of the Board of Directors (Investment Committee Chair, 2006, Finance Committee Chair and Executive Director Search Committee Chair until 2010), Western Center on Law & Poverty, Inc.
Member of the Board of Trustees (until 2018), Mexican American Bar Foundation
Commissioner (until 2014) and former Vice President, City of Los Angeles Convention Center, Mayor's Advisory Commission
Member, MALDEF (Mexican American Legal Defense & Education Fund) Scholarship Committee (ad hoc, various years)
Credentials
Admissions & Qualifications
- 1992, California
- 1995, District of Columbia (inactive)
Courts
- Supreme Court of the United States
- United States District Court for the Central District of California
- United States District Court for the Eastern District of California
- United States District Court for the Northern District of California
- United States District Court for the Southern District of California
- United States District Court for the Eastern District of Michigan
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Federal Circuit
Education
- Yale Law SchoolJ.D.1992
Senior Editor and Admissions Committee, Yale Law Journal
Senior Editor, Yale Journal of International Law
- Princeton UniversityA.B.cum laude1987