Robb S Harvey

Practice Areas

Robb Harvey has more than 30 years of trial experience, appearing in lawsuits in dozens of federal and state courts across the country. His practice focuses on complex intellectual property, entertainment, media, commercial and franchise litigation involving substantial damages claims. A strategist and problem-solver, he has established a reputation among clients and peers as the professional to turn to for expedited results, especially when the stakes are high and involve pressing issues such as a threat to stop business operations or competition, a demand for a prior restraint on publication by a content provider, or the release of a new product or service.

A seasoned litigator, Robb has cultivated a depth of experience in intellectual property, entertainment and media disputes involving:

- Publication torts, including defamation, privacy and right of publicity

- Copyrights involving music, movies, broadcasts and software

- Trademarks, including TTAB proceedings

- Data breaches and ransomware

- Computer fraud and abuse

- Trade secrets

- First Amendment and public records disputes and reporter's shield laws

- Counterfeiting

- Internet disputes

- Patents

- Software disputes and technology licensing

Robb's experience also covers a variety of commercial disputes including:

- Franchise rights

- Contract disputes

- Unfair trade practices and product disparagement/advertising

- Fraud and other commercial torts

- Civil RICO

- Non-competition/solicitation provisions

- Class action disputes including Multi-District Litigation proceedings

Many of his engagements have resulted in ongoing, long-term relationships, in some cases for over three decades. He thrives on helping companies address the daily challenges their businesses encounter. As a result of his tenacious representation, Robb has been responsible for a number of precedent-setting cases, including disputes leading to the identification of persons posting false information concerning public companies, applying the Tennessee Supreme Court's Rule 30 concerning cameras in courtrooms, applying the fair use doctrine, recognizing that Tennessee Newspersons' Shield Law extends to non-confidential materials, and opening access to records for state-wide media coalitions.

Over the past few years, Robb was part of litigation teams that achieved victories in three (3) separate cases in the U.S. Court of Appeals for the Sixth Circuit, covering right of publicity, antitrust, libel, and Section 230 immunity issues, and he was lead counsel in a 2019 Sixth Circuit win against an international best-selling publisher which involved copyright preemption issues. In the past two years, he has been part of teams obtaining the dismissal of multiple alleged trade secrets cases by federal and state courts. In addition, he was lead counsel in a major music copyright case which was dismissed on summary judgment, and received national press. To read the court's ruling, click here.

Robb has just completed his elected position as an At Large member of the Governing Board of the American Bar Association's Forum on Communications Law, and has been tapped to take a two-year executive leadership role. The Forum includes more than 1,000 U.S. attorneys who focus on the representation of the print and electronic media and telecommunications industry. He has served as Chair of the Trial Committee and as a faculty leader for the Media Law Resource Center, and recently completed his term as Chair of the Tennessee Bar Association's Communications Law Section.

Professional Memberships

At-Large Member, Governing Board, American Bar Association Forum on Communications Law

Governing Board Member

Chair, Nominating Committee (2017-19)

Chair, Membership Committee (2016-)

Media Law Resource Center

Chair, Intellectual Property session 2018 & 2016 bi-annual conferences

Facilitator/Publication Torts session for 2014 bi-annual conference

Chair, Newsgathering session, 2012

Past Chair, Trial Committee

past Vice Chair, Newsgathering Committee

Served on ABA Litigation Section Subcommittee that drafted Model Trademark Jury Instructions published by ABA (2008)

Member, Tennessee Bar Association (Intellectual Property and Litigation Sections)

Chair, Communications Law Section, Tennessee Bar Association (2017-18)

Member, Defense Research Institute (Commercial Litigation, IP, Electronic Discovery committees)

Past Chair, Media Law Committee and Member of the Federal Courts and Intellectual Property Committees of the Nashville Bar Association

Member, American Bar Association (Forum on Franchising; Forum on Communications Law; Litigation and IP Sections)

Member, International Association of Defense Counsel (peer-nominated and selected)

Fellow, Tennessee Bar Foundation and Nashville Bar Foundation

Contributor to The Encyclopedia of the First Amendment and The Encyclopedia of the Fourth Amendment, CQ Press

Contributor to Media Guide to Tennessee's Legal System, Tennessee Supreme Court and First Amendment Center

Voting Member, Country Music Association

Member, National Academy of Recording Arts & Sciences

Member, American Health Law Association

Master Bencher, Belmont University American Inn of Court (current)

Past Member, Harry Phillips American Inn of Court