Education

Stanford Law School (J.D.)

• Steven M. Block Civil Liberties Award for distinguished written work on issues relating to personal freedom
• American Constitution Society, Chapter President
• Stanford Journal of Civil Rights & Civil Liberties, Articles Editor

Georgetown University (B.A., magna cum laude, Phi Beta Kappa)

Admissions

The State Bar of California

The State Bar of New York

The Bar of the District of Columbia

U.S. Supreme Court

U.S. Courts of Appeals:

• Second Circuit

• Ninth Circuit

U.S. District Courts:

• Southern District of New York

• Eastern District of New York

• Northern District of New York

• Central District of California

• Northern District of California

Representative Matters

Copyright, Trademark, and Trade Secrets

In addition to litigating cases involving copyrights, trademarks, and trade secrets, Rhett also regularly advises on the development, maintenance, and protection of intellectual property portfolios; the prosecution and maintenance of trademark registrations; the negotiation and drafting of license, independent contractor, and joint venture agreements; and clearance issues for books, films, Internet, and other media. Some representative matters include:

Hermès International, et al. v. Rothschild

Lead counsel defending artist Mason Rothschild in federal trademark infringement suit in the Southern District of New York brought by Hermès regarding Rothschild's MetaBirkins NFT artworks.

Kathleen Hanna, et al. v. Barry Mann, et al.

Represented Kathleen Hanna and Johanna Fateman, founders of the American post-punk electronic band Le Tigre, in a declaratory judgment action in New York federal court to resolve a dispute over whether Le Tigre's 1999 feminist anthem and underground classic "Deceptacon" infringes Barry Mann's 1961 doo-wop style novelty song “Who Put the Bomp (in the Bomp, Bomp, Bomp)”, resulting in a swift settlement.

Great Minds v. John Wiley & Sons, Inc.

Won partial summary judgment for plaintiff/counter-defendant Great Minds in suit for copyright and trademark infringement in Manhattan federal court, resulting in a swift, confidential settlement.

Abercrombie & Fitch Co., et al. v. Hatley USA, Inc.

Represented Canadian global apparel purveyor, Hatley, in New York federal court in longstanding trademark dispute with Abercrombie & Fitch regarding the companies' respective moose designs, resulting in confidential settlement.

Maharishi Foundation USA, Inc. v. The Veda Center, LLC et al.

Successfully defended Vedic meditation master Thom Knoles and others in trademark and false advertising dispute in Iowa federal court, resulting in confidential settlement shortly before trial.

Documented (film)

Counseled Pulitzer Prize-winning journalist and filmmaker Jose Antonio Vargas and his independent film company for all stages of production and distribution of Vargas's feature documentary film, DOCUMENTED, which chronicles the personal and political stories of Vargas and undocumented immigrants in America, and which was acquired by CNN and Netflix following much attention on the national film festival circuit.

Warner Bros. Entertainment, Inc. and J.K. Rowling v. RDR Books

Served on the winning trial team for J.K. Rowling and Warner Bros. in one of the most highly publicized cases of 2008; won permanent injunction blocking publication of the unauthorized Harry Potter “lexicon” as copyright infringement.

Chamber Music Society of Lincoln Center

Represented CMS in the negotiation and drafting of a complex, high-value equipment installation, production, and licensing agreement with a subsidiary of a global electronics manufacturer.

Vitale AML Consultants, Inc. v. Promontory Financial Group, LLC et al.

Represented leading anti-money laundering consulting firm as plaintiff in action for copyright infringement and theft of its proprietary software and trade secrets, leading to confidential settlement.

Left Shark

Successfully defended artist, alongside Chris Sprigman, in high-profile “Left Shark” copyright and trademark dispute with Katy Perry’s company, Killer Queen, LLC, following the 2015 Super Bowl.

The Authors Guild, et al. v. Google Inc.

Counseled publishing industry objectors to proposed settlement in the Google Books class action, which was rejected by the Second Circuit.

First Amendment and Other Constitutional Rights

Most recently, Rhett has counseled a global church regarding violations of its First, Fourth, and Fifth Amendment rights following FBI raids and federal indictment of some of its ministers on human trafficking charges, among others. Rhett has advised other organizations and individuals regarding their First Amendment rights of freedom of speech, freedom of the press, and free religious exercise in pre-litigation circumstances and in civil cases involving federal, state, and local governments. Rhett began working on cases involving constitutional rights while still in law school. He spent a summer as a law clerk for Americans United for Separation of Church and State, where, among other things, he drafted part of the winning summary judgment brief in the highly publicized First Amendment challenge to the teaching of "intelligent design" in public schools in Kitzmiller v. Dover Area School District. Later, he represented a Muslim Arizona state prison inmate seeking religious dietary accommodation in Shakur v. Schriro; working with former Stanford Law Dean Kathleen Sullivan and Derek Shaffer, then Executive Director of the Stanford Constitutional Law Center, Rhett drafted decisive portions of the appellate briefs that convinced the Ninth Circuit Court of Appeals to reverse summary judgment against inmate Mr. Shakur, reinstating his First Amendment claims and bringing the Ninth Circuit into conformity with Supreme Court precedent regarding the First Amendment's religion clauses. Working with Stanford Law Prof. Jane Schacter, Rhett researched and wrote the first draft of chapters on marriage and the First Amendment for Cases and Materials on Sexual Orientation and the Law, William B. Rubenstein, Carlos A. Ball, and Jane S. Schacter, St. Paul, MN: West Publishing, 3rd ed., 2008. Rhett now works on constitutional matters from time to time with noted First Amendment litigator Eric Lieberman, of Rabinowitz, Boudin, Standard, Krinsky & Lieberman.

Criminal Trials and Appeals

Rhett has worked alongside leading criminal defense lawyers to represent defendants in some of the most high-profile and complex criminal cases of the last decade. Rhett served on the trial team for lead defendant Daniel Bonventre in the landmark 6-month-long federal criminal trial of five former employees of Bernard L. Madoff Investment Securities in Manhattan federal district court, which one observer called "one of the most important and complicated Wall Street cases since 1792." In another sensational case, People of the State of New York v. Anthony Marshall, Rhett represented the defendant in the appeal of his conviction on charges of defrauding and stealing from his mother, Brooke Astor. Rhett has counseled a global church following FBI raids and the indictment of some of its U.S. ministers on numerous federal charges; advised a U.K. court regarding the legality of online poker in the U.S.; and served as a consultant to the defense counsel for an attorney facing extraordinary criminal contempt charges in federal court stemming from decade-long litigation in which he won a $9.5 billion judgment against one of the world's largest energy companies.

Entertainment, Media, Internet, Defamation, Privacy, Right of Publicity, and Related Areas

Rhett has represented numerous companies and individuals in the entertainment, publishing, and art industries, including film and music producers, publishers, authors, actors, artists, musicians, and art collectors. He handles disputes as well as clearance and licensing matters.

** Some representative matters include: **

Sole legal counsel to Pulitzer Prize-winning journalist and filmmaker Jose Antonio Vargas and his production company for all stages of production and distribution of feature documentary film, DOCUMENTED, which chronicles the personal and political stories of Vargas and undocumented immigrants in America. After a successful film festival run, film distribution rights were acquired by CNN and Netflix.

Counseled The New Press and others regarding defamation, right-of-publicity, and other pre-publication review issues.

Of counsel in the early stages of litigation for one of the prominent art collectors who sued the infamous Knoedler Gallery and its president, exposing one of the biggest and most shocking art frauds in history.

Represented actors who brought invasion of privacy claims in Manhattan federal court for alleged unauthorized use of their commercial performances, defeating a motion to dismiss by defendant corporation.

Successfully defended artist in high-profile “Left Shark” copyright and trademark dispute with Katy Perry’s company, Killer Queen, LLC, following the 2015 Super Bowl.

Advised numerous companies regarding Internet domain disputes, customer data collection, privacy policies and terms of use, and compliance issues.

Advised numerous companies and authors regarding ownership and licensing of various forms of content.

Advised independent production company regarding all facets of video game creation and development.

Sole legal counsel to film production company during all stages of production and distribution of feature documentary Raga Revelry: A Journey Through North Indian Classical Music.

Commercial, Contract, and Employment Matters

Rhett represents plaintiffs and defendants in, and advises companies and individuals on, complex commercial disputes, breach of contract cases, and employment issues. Some representative matters include:

TransPerfect Translations

Rhett was one of a team of lawyers who represented one of the founders of TransPerfect in multi-year, multi-jurisdiction litigation surrounding a Delaware Chancery Court's unprecedented order of the dissolution and sale of TransPerfect, a highly profitable private company that was not in distress or bankruptcy. Rhett's client ultimately prevailed in that case when the court-appointed custodian chose him as the successful bidder in the public auction of the company.

Palumbo v. Multimedia Talent Management LLC, et al.

Successfully defended a talent management firm and its founder against various claims brought by former employee in NY state court; after winning a motion to dismiss plaintiff's claim to pierce the corporate veil, releasing the firm's founder in her personal capacity from the suit, and after filing a motion for sanctions against the plaintiff, Rhett resolved the case by negotiating a public settlement, signed by the judge and entered in the record, that required (among other things) the unsuccessful plaintiff to pay Rhett's client.

Janis Spindel Serious Matchmaking, Inc. v. Kaylor

Brought suit for temporary and permanent injunction in NY state court for celebrity matchmaker against former employee to enforce non-compete and confidentiality provisions of employment agreement, resulting in a swift, favorable, and public settlement including the injunctive relief sought, signed by the judge, and entered in the record.

Learning Annex, LLC et al. v. Whitney Education Group, Inc. et al.

As of counsel to firm that won a $15.8 million jury verdict on behalf of Learning Annex, Rhett helped successfully defend the damages award from attack in post-trial motions.

Brook, et al. v. Simon, et al.

Represented attorney Brian Brook in federal suit in the Southern District of New York for quantum meruit and unjust enrichment against Brook's former employer; while the case was initially dismissed by the district court judge, the Second Circuit reversed on appeal and reinstated the case, quoting substantially from the transcript of Rhett's oral argument in the district court.

CW&T Studio LLC v. Tychi Systems, Inc., et al.

Represented plaintiff boutique design firm in federal suit for breach of non-disclosure agreement and unfair competition, leading to confidential settlement.

AllianceBernstein, L.P. v. MacFarlane

Of counsel for successful defendant in dispute over "garden leave" and arbitration provisions of employment agreement.

Outside General Counsel Services

From time to time, Rhett has served as outside General Counsel for a select handful of clients. One such client is the U.S. arm of an international company that manufactures, sells, and distributes vegan, sustainable health and beauty products in 40 countries around the world. Another is an educational curricula creator with annual revenues exceeding $100 million, which created (among other things) the number one PreK-12 math curriculum in the United States, used by more than half of public school teachers across the country. As that company's outside General Counsel for almost three years, Rhett served as an advisor to the CEO, Board of Directors, and senior management team on all legal, compliance, and governance matters; oversaw the company's intellectual property maintenance, protection, and enforcement as well as the drafting, review, and negotiation of all of the company’s agreements, including those pertaining to licensing, development and strategic partnerships, leases, vendors, goods and services, sales, and employment matters; advised on regulatory matters; oversaw all litigation matters and managed all other outside counsel; and effectively functioned as a member of the senior executive team even though he remained outside counsel. Rhett served in that role until the end of 2019, when that company hired an in-house general counsel with Rhett's guidance and blessing; he remains the company's chief outside counsel for intellectual property and litigation matters.

Environmental and Tort Litigation

For two years, Rhett served of counsel to Special Master appointed by Judge Shira Scheindlin to resolve discovery disputes in multi-district litigation consolidated in the Southern District of New York; the litigation involved dozens of product liability cases, filed in nearly twenty states by numerous plaintiffs, including states, cities, municipalities, and entities, alleging that more than one hundred defendants contaminated or threatened to contaminate groundwater through manufacture, distribution, and sale of gasoline containing methyl tertiary butyl ether ("MTBE"). Plaintiffs asserted causes of action for conspiracy, public and private nuisance, design defect, defective product, failure to warn, negligence, and violations of various state business and environmental laws.

Successfully intervened in California public trust land dispute on behalf of local citizens’ group in Santa Cruz Seaside Co. v. City of Santa Cruz and argued the case on the law alongside the Deputy Attorney General of California.

Represented plaintiff in negligence action after his eyes were burned by a popular Manhattan "brow bar" just before his wedding, resulting in a swift and confidential settlement.

Represented competitive bodybuilder in suit against gym after an improperly installed piece of equipment left her with a concussion and broken ankle, resulting in confidential settlement.

Prior Associations

• Millsaps & Associates PLLC, Managing Member (New York, NY, 2019–2021)

• Law Office of Rhett O. Millsaps II, Sole Proprietor (2009–2019)

• O’Melveny & Myers LLP, Associate (New York, NY, 2007–2009)

• Earthjustice, Judicial Nominations Advocate (Washington, DC, 2003–2004)

• The American Constitution Society for Law and Policy, founding Associate Director (Washington, DC, 2001–2003)

Memberships & Public Service

• Member, Hon. William C. Conner Inn of Court

• Co-Chair, Pro Bono Legal Team, Isha Foundation

• Judge, Annual National Moot Court Competition National Rounds, New York City Bar Association

Publications & Speaking Engagements

“In This Case, Put the Cart Before the Horse: Evidentiary Issues to Consider Before You Get to Trial,” with Dale M. Cendali, paper presented at the 2009 Mid-Winter Institute of the American Intellectual Property Law Association

“Stuart Ollanik: Plaintiff’s Lawyer,” in Beyond the Big Firm: Profiles of Lawyers Who Want Something More, Alan B. Morrison & Diane T. Chin, eds., New York: Aspen Publishers, 2007

Moderator and Panelist, “Diversity and Pro Bono in the Legal Profession,” NYU Law School, February 11, 2009

Panelist, “Diversity and Pro Bono in the Legal Profession,” Yale Law School, Feb. 19, 2008

Panelist with former Secretary of State Warren Christopher, “Diversity in the Law Firm,” Pasadena, CA, November 2007

American Constitution Society Fall kickoff remarks with Judge Stephen Reinhardt, Stanford Law School, September 2006

Public remarks regarding once-through cooling technology regulations for California coastal power plants, California State Water Resources Control Board, California State Lands Commission, and California Ocean Protection Council, 2005-2006

“Reality Check on Judicial Nominations,” The Washington Post (op-ed), Oct. 29, 2003