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Barron Oda

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Barron Oda

boda@rlhlaw.com

Experience:

Intellectual Property Licensing:  Represented a prominent cultural organization in negotiating licenses and drafting agreements for the televising of live cultural events.
Copyright and Trademark Infringement:  Defended numerous businesses against claims of copyright and trademark infringement, performed substantial similarity analyses under the Ninth Circuit's test, and asserted the intellectual property rights of artists, authors, and businesses against infringing parties by issuing cease and desist letters and DMCA takedown notices. 
Art Law:  Provided counsel to visual and performing artists regarding the creation of works, copyright registration and licensing, intellectual property rights involved in the public performance or display of works, and sales of works.  Negotiated and drafted IP licenses, assignments, and rights agreements. 
Entertainment Law:  Represented a concert promoter in negotiating and drafting agreements for multiple musical events, including addressing legal matters for international performers. 
Employment Law:  Advised a fast-growing corporation adding personnel to its workforce of best practices and legal compliance for employment matters such as hiring, termination, discipline, harassment, discrimination, vacation, and leave.  Drafted employee handbooks, policies, procedures, and related documents. 
Condominium Law:  Represented a large 7-acre condominium complex as outside general counsel.  Oversaw numerous capital improvement projects, including a seven-figure complex-wide plumbing reconstruction project.  Addressed various legal matters associated with a transition of managing agents.  Advised the board on governance, employment, and compliance matters.  Also represented other smaller associations and drafted governing documents for new condominium projects.
Museums:  Represented a large museum as its Associate General Counsel.  Addressed legal compliance matters and provided legal support for real estate transactions, procurement of goods, and hosting of traveling exhibits. Negotiated and drafted contracts. Licensed intellectual property and handled all copyright-related matters. Advised senior management on matters specific to nonprofit organizations and museums such as board governance, collections management, trust responsibilities, nonprofit status, intellectual property, policies, accreditation, and state and federal laws having applicability to cultural institutions.

Additional Experience:
Adjunct Professor of Intellectual Property and Constitutional Law, Hawai`i Pacific University (2018-Present) Council Member, ABA Section of Science and Technology Law (2018-Present) Guest Lecturer, Harvard Extension School's Graduate Museology Program (2017-Present) Co-Chair, ABA Museums and the Arts Law Committee (2014-Present) Editor In Chief, Provenance (a quarterly publication of the ABA Museums and the Arts Law Committee) (2012-2014) Asian-Pacific Law and Policy Journal, 2009-2011 (Chief Articles Editor, 2010-2011)

Practice Areas:
Civil Litigation; Commercial Litigation; Insurance Defense; Intellectual Property; Art Law; Cultural Property Law; Corporate and Nonprofit Governance; Employment Law; Real Property and Commercial Transactions

Admissions:
Hawai`i (2011), Washington (2016), District of Hawai`i (2016)

Publications:
Mobile Devices, Public Spaces, and Freedom of Panorama: Reconciling the Copyright Act With Technological Advances and Social Norms Regarding Content Creation and Online Sharing, 14 AMERICAN BAR ASSOCIATION SCITECH LAWYER 2 (Winter 2018). Good Governance In Times Of Financial Crisis, 3 PROVENANCE 2 (2014). Fall Is Here and So Are New Guidelines For Keeping Objects, 1 PROVENANCE 2 (2012). An Alternative Perspective to Battling the Bulge: The Social and Legal Fallout of Japan’s Anti-Obesity Legislation, 12 ASIAN-PACIFIC LAW & POLICY JOURNAL 249 (2011). Intern Opportunities (Smithsonian National Museum of American History, 2007) (Photographer).

Published Decisions:

Speaking Engagements:
PRESENTER AND MODERATOR: Mobile Devices, Public Spaces, and Freedom of Panorama: Rights and Responsibilities. Western Museums Association. Tacoma, WA, October 24, 2018. LEAD PRESENTER: Small Museum Legal Toolkit. Western Museums Association. Tacoma, WA, October 21, 2018. PRESENTER: Cultural Property, Traditional Knowledge, and Western Intellectual Property Systems (Updated). Iolani Palace. Honolulu, HI, July 18, 2018. PRESENTER: Legal Updates. Hawaii Museums Association. Honolulu, HI, May 2, 2018. GUEST LECTURER: Museums and Employment Law. Harvard Extension School. Cambridge, MA, April 30, 2018. PRESENTER: Cultural Property, Traditional Knowledge, and Western Intellectual Property Systems. Hawaii State Judiciary. Honolulu, HI, November 9, 2017. MODERATOR: Fakes & Forgeries: Art Authentication and Lessons Learned. American Bar Association. New York, NY, August 11, 2017. PANELIST: Copyright: The First Amendment, Fair Use, and the Public Domain. Hawaiian Media Makers Conference. Honolulu, HI, November 2, 2016. PRESENTER: Interns In Your Museum: The Nuts & Bolts of Legal Compliance. American Alliance of Museums. Washington, DC, May 28, 2016. LEAD PRESENTER: Orphan Works Basics and Best Practices. American Alliance of Museums. Webinar, May 27, 2015. SPECIAL GUEST: Copyright Licensing: Giving and Receiving. American Alliance of Museums. Webinar, July 23, 2014. MODERATOR: Museums and Technology Brown Bag. American Bar Association. Webinar, June 26, 2014.