Peter S. Kozinets

Of Counsel

• pkozinets@steptoe.com
• vCard
• Phoenix Office

Peter S. Kozinets is of counsel in the Phoenix office of Steptoe & Johnson LLP, where he practices in the areas of media and constitutional law, commercial and intellectual property litigation, and appellate advocacy.  He has represented clients in trial and appellate courts around the country, in arbitration and mediation proceedings, and in legislative matters.

Mr. Kozinets clerked for the Hon. Roslyn O. Silver, United States District Court for the District of Arizona, from 1995-96.  He graduated from Harvard Law School cum laude in 1995, where he was an Ames Moot Court finalist.  In 1991, he earned an A.B. magna cum laude in Government from Harvard College.

Media and Constitutional Law
Mr. Kozinets has worked on a wide range of media law and First Amendment cases involving defamation, privacy, access to judicial and public records and proceedings, prior restraints, journalist subpoenas, and other matters involving the gathering, reporting and dissemination of the news and other information.  Published decisions include:  Griffis v. Pinal County and Phoenix Newspapers, Inc., 156 P.3d 418 (Ariz. 2007) (access to email records of county official under investigation for public corruption); Citizen Publishing Co. v. Miller, 115 P.3d 107 (Ariz. 2005) (dismissing under the First Amendment a putative class action arising from a controversial letter to the editor about the Iraq war); Aloe Vera of America, Inc. v. United States, 376 F.3d 960 (9th Cir. 2004) (upholding award of attorneys’ fees incurred defending a protective order involving confidential journalistic information); Phoenix Newspapers, Inc. v. Keegan, 35 P.3d 105 (Ariz. Ct. App. 2001) (access to the pilot version of the “AIMS” high school graduation test, after 90% of the students who took the test failed).  In 2006, Mr. Kozinets assisted a broadcaster in the Arizona appellate courts and the United States Supreme Court in defending its right to disseminate an award-winning news story about a major tire manufacturer.

Commercial Litigation
Mr. Kozinets has represented clients in breach of contract, fraud and misrepresentation, consumer fraud, negligence, class actions and other business disputes.  He has defended cases alleging government contractor fraud under the False Claims Act, conducted internal corporate investigations, and litigated cases involving employee theft of electronic media containing trade secrets and other confidential information.  He has represented clients in industries involving pharmaceutical benefits management, publishing and broadcasting, government contracts, telecommunications, retail/grocery, and electronic commerce and data security.  He has advised clients regarding the retention, analysis and discovery of electronically stored information, and the use of technology in litigation. 

Intellectual Property Litigation and Counseling
Mr. Kozinets’ IP practice encompasses cases involving false advertising, trademark infringement, counterfeit and gray market goods, trade secrets, and copyrights.  Published decisions:  New Sensor Corp. v. CE Distribution LLC, 303 F. Supp. 2d 304 (E.D.N.Y. 2004) (granting summary judgment in a trademark and false advertising action concerning truthful comparative advertising on the Internet); and New Sensor Corp. v. CE Distribution LLC, 367 F. Supp. 2d 283 (E.D.N.Y. 2005) (awarding fees following Second Circuit affirmance).

Pro Bono
In 2005, the Ninth Circuit appointed Mr. Kozinets to represent an Ethiopian citizen who had applied for political asylum, and who had been ordered deported in absentia 17 years ago – after the Immigration Court had advanced the date of one of his hearings without notice.  The  individual remained in the U.S., married a U.S. citizen, and started a family. When he attempted to apply for an adjustment in status, the Government detained him for several months and tried to deport him.  Mr. Kozinets negotiated with the Departments of Homeland Security and Justice to reopen his deportation case, and he was granted permanent legal residence in June 2007.

Noteworthy

• Listed, Arizona Business Magazine Top Lawyers 2010 for Intellectual Property Law 
• Steptoe Wins Immigration Pro Bono Case in Phoenix
• Arizona Supreme Court Rules Letter to Editor Still Covered by First Amendment

Select News & Events

• Secure Your Data: 10 Smart Ways to Protect Electronic Information So You Don't Get Sued, October 13, 2010, (A Steptoe-Sponsored Event)
• Legal Professionalism, E-mail Ethics and Conflicts of Interest: Overcoming Common Challenges, June 15, 2010, National Business Institute
• Arizona Business Magazine Names 13 Steptoe Attorneys to Top Lawyers List
• The Arizona Republic Quotes Peter Kozinets on Evidence Destruction in Racial Profiling Case
• Fox Affiliate Interviews Peter Kozinets on Arizona Sheriff Racial Profiling Suit
• Press Quotes Peter Kozinets in Coverage of Lawsuit Against Arizona Sheriff Office
• Steptoe Wins in Two Separate Cases for Media Clients
• Data Management and Security Series, Part II: Employee Emails - What Every Employer Should Know, November 4, 2009, Arizona Technology Council
• Open Meetings and Public Records, June 18, 2009, State Bar of Arizona
• Legal Ethics in the Digital Age: Applying "Old" Rules to New Practices, June 17, 2009, National Business Institute
• Lawsuit Charging Sheriff Arpaio Illegally Targeted Latinos In Maricopa County Can Go Forward
• Managing Ethical Issues in Your Day-to-Day Practice, June 21, 2007, National Business Institute

Selected Publications

• Access to Metadata in Public Records: Ensuring Open Government in the Information Age
  July 2010, Communications Lawyer
• Self-Regulation Guidelines for Behavioural Advertising
  March 2009, E-Commerce Law and Policy
• Access to the E-Mail Records of Public Officials: Safeguarding the Public's Right to Know
  Summer 2007, Communications Lawyer

Professional Affiliations

• Co-Chair (2007-2008), ABA Forum on Communications Law, Training & Development Committee; Vice Chair (2005-2007). Organize Media Advocacy Workshop for the ABA Forum on Communications Law, an annual conference of media lawyers from the U.S., the U.K. and Canada.
• ABA Litigation Section, Member.
• ABA-TIPS Media, Defamation and Privacy Committee, Member.
• Arizona State Bar Section on Internet, E-Commerce and Technology Law, Founding Member.
• American Jewish Committee, Arizona Chapter, Judge Learned Hand Awards Luncheon, Co-Chair, 2005-2006; Selection Committee Member, 2003-present.
• American Jewish Committee, Arizona Chapter, Board of Directors, 2005-2006.
• Arizona Center for Law in the Public Interest, Board of Directors, 2002-present.
• Sandra Day O’Conner Inn of Court, Member, 2003-present.