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A N 8 8 D 8 B 1 AR SINCE www. NYLJ.com Tuesday, January 9, 2018 This King of Happens to Run a Top IP Law Firm In straddling two worlds, , the chairman of Cowan, Liebowitz & Latman, be- longs to a small circle of jazz musicians who’ve led accomplished dual-track careers.

hen Jonny King was 10 years old, his par- ents took him on a jazz cruise Wto the Bahamas, with trumpeter headlining. It was 1975. Ed and Ruth King preferred clas- sical symphonies. But they were struck by their son’s early tilt toward jazz and his ability to plunk out songs by ear on the piano, or make them up on the spot. Having hung out at clubs around New York (his mom befriended a Jonny King lot of bartenders and managers to get him in), he met greats like “I played some boogie-woo- drummer while in his and Cannonball gie and a 10-year-old’s idea of teens, and later owning a slot at Adderley, announcing himself bebop—whatever it was, I seemed storied jazz bar Bradley’s in Green- as a jazz pianist. But even Ruth to kill it,” King recalled recently. wich Village, King went on to play King was surprised when, during “The rest of the trip people were with the leading Young Turks of one evening’s show aboard ship, asking for my autograph, and I his era. That includes saxophon- Jonny King rushed the stage in got to pal around with Dizzy and ists , Kenny Gar- response to Gillespie’s call-out the band. I pretty much knew at rett and , trumpeters for audience members to join that point I was meant to be a jazz Randy Brecker and Roy Hargrove, in a jam. “I tried grabbing his musician.” vibraphonists and Steve sleeve but there was no keeping Four decades later, King has Nelson, guitarist Freddie Green, him from the bandstand,” she more than delivered on that prom- bassist Christian McBride and remembers. ise. Sitting in with heavyweight drummers and Tuesday, January 9, 2018

Peter Washington. Reviewing an remarkable he can sustain any early CD, Downbeat magazine musical career given that he leads called King “one of the strongest a double, unmusical life—as a piano voices of a new generation trademark and copyright litigator and a bandleader who kicks ass.” for one of the country’s top intel- King also became a prolific lectual property law firms. composer, despite limited formal While most of his peers are tour- training and poor sight-reading ing, rehearsing, recording or teach- skills. Alto saxophonist Steve Wil- ing, King—whose day-job name son, recently touring worldwide is Jonathan Z. King—is prepping with pianist , says, “I witnesses for deposition, review- could record an entire album of ing expert reports and arguing in Jonny’s songs—make that a dou- court or before the Trademark ble album—and be happy. All his Trial and Appeal Board on behalf tunes are hip and well thought out, of major drug companies, brand- Jonny King they’re challenging and playable name apparel firms and music and full of surprises, rhythmical- conglomerates. He’s notched land- Harvard Law School (where he was ly and harmonically. It’s amazing mark wins, including cases involv- classmates with Barack Obama). A what he doesn’t know, because he ing trademarking internet search recent visit found stacked boxes of knows so much.” terms and copyrighting the resale fruit roll-ups, evidence in a trade But for all the success there are of digital files. secret case he’s been handling noticeable gaps in King’s output. As if his trial practice isn’t con- for longtime client Promotion in His website lists sporadic perfor- suming enough, in 2013 the part- Motion, makers of Welch’s Fruit mance dates, with months falling ners of King’s firm in New York— Snacks. On his desk sat bound between gigs and rarely beyond Cowan, Liebowitz & Latman, where briefs filed before the U.S. Court of smaller New York venues like he started as an associate in 1994— Appeals for the Second Circuit; on Small’s and Mezzrow in Green- elected him chairman. The eleva- the wall hung an artist’s sketch of wich Village. And he’s recorded tion pulled him into oversight of King delivering his opening state- only four albums as a leader, the administrative matters on compen- ment to jurors in a novel trade- last in 2012, leaving an extensive sation, hiring, policy and recently, mark case involving dashboard original songbook uncaptured. As a move into fancy new digs on car fresheners (he won). Wilson, who appeared on King’s West 47th Street. Although a bou- King’s colleagues are unfazed 1997 CD The Meltdown, puts it: tique with only 40 lawyers, Cowan by his jazz commitments. Cowan “Even after all these years of play- Liebowitz represents name clients partner Richard Mandel has heard ing at a high level, Jonny may be like Major League Baseball, Donna King play only once in 23 years of the best-kept jazz secret in New Karan, Aventis Pharmaceuticals, J. working together and admits jazz York—not among fellow musi- Crew and Universal Music, giving is not his thing. But he calls King, cians, but among the listening King’s left-side brain a lot to keep with whom he’s double-teamed public.” track of. on numerous cases, “a brilliant King is well aware of his lower King’s modest corner office gives lawyer—the total package. He’s profile. “Some people think I was no hint of his musical persona— a superb brief writer and great sick or they come up after a set and though it also doesn’t display his strategist who also has outstand- ask, how come we never heard of framed diplomas from Princeton ing courtroom skills handling wit- you before?” he says. In fact, it’s University (Phi Beta Kappa) and nesses, juries and judges.” Tuesday, January 9, 2018

King’s clients likewise give him from the scene in 1968 to pursue piano chops or his rapport with four-star reviews. Ellen Horowitz a law degree at New York Univer- other musicians. One would be Dale, general counsel at Allendale, sity. He returned a decade later, dead wrong. During his most New Jersey-based confectionary performing under his given name, recent appearance at Mezzrow manufacturer Promotion in Motion, Peter Sims, and even won a copy- in late October, performing with has worked closely with King in right lawsuit against a record label a trio that included bassist Ira several major trade secrets cases for re-releasing one of his albums Coleman and veteran drummer involving the company’s signa- under Chick Corea’s name. And , King’s playing was ture fruit snack products, includ- these days, clubs in Washington fluid and fiery, his technique in top ing a dispute against Hershey and feature a pianist-lawyer named form, with storytelling solos that another matter against a global Andrew Adair, who’s also a Capi- zigged and zagged in sync with his candy brand. tol Hill lobbyist for a physicians’ bandmates, never mind that they’d “Cowan is by far the best firm trade group. had only one rehearsal. He burned we’ve worked with and Jonny is More than a performer, King through sets in which his own intri- the principal reason,” she says. “In is also a gifted writer about jazz, cate tunes mixed with classics by our case against Hershey the com- having authored a highly praised and Herbie Hancock, pany threw a ton of money and “insider’s guide” called “What Jazz along with an inspired solo mash- resources against us, with a large Is” (Walker Books). It begins with up of “Danny Boy”-meets-”Fiddler trial team from Kaye Scholer, but an enticing scene-setter: on the Roof” and “Shenandoah” Jonny simply ripped them apart Years ago, I returned to my col- that would have pleased the great with his courtroom abilities and lege dorm room, nearly comatose Bill Evans. his sharp analysis of trademark from another insufferable Renais- “Jonny’s not big on rehearsing,” law supporting our case. He’s so sance history class. I put on says bassist Coleman, noting he smart and really understands our “Relaxin’ with the Miles Davis hadn’t worked with King for years business, but is also incredibly Quintet,” dropped the needle on prior to their Mezzrow reunion. unpretentious and down-to-earth. “If I Could Write a Book,” and lay “But his playing is so evolved and If there’s such a thing as a swinging down on our secondhand sofa. proficient, his command of styles trial lawyer, Jonny is it.” Red Garland’s eight-bar intro, so strong and his stage presence In straddling two worlds, King Miles’ muted statement of the so relaxed, that you’re in the flow belongs to a small circle of jazz melody, John Coltrane’s roaring together from the first bar. It put musicians who’ve led accom- solo—I was instantly transported a smile on my face to reconnect plished dual-track careers. Best away from lectures, exams and with him. There was that wonder- known is pianist Denny Zeitlin, crummy furniture, and my head ful combination of familiarity and a Johns Hopkins-educated psy- was bobbing with the pulse of newness you can only achieve with chiatrist who for decades has Paul Chambers’ bass beat. a first-rate musician. That’s Jonny.” maintained a thriving practice Something about that record has King never considers which of and teaching load in San Francis- always rescued me, no matter his callings is the A-side or B-side. co while producing three dozen from where or what.‑ “Practicing law is my vocation, but I albums and touring to interna- One could be forgiven for won- never stop playing piano or thinking tional acclaim. dering whether the demands of about music, any more than I could There was drummer Pete La King’s legal career or hobbies, stop breathing oxygen or speaking Roca, a firebrand who played with which include fly-fishing excur- English,” he says. John Coltrane, and sions to Oregon, Colorado, Belize King grew up in four-child but disappeared and elsewhere, have dimmed his household on New York’s Upper Tuesday, January 9, 2018

East Side. His father was a family a professional musician as a col- “My parents had just sent our physician and mother Ruth King a lege student, gigging constantly first tuition installment to Harvard travel agent (her entrée into book- at clubs in Philadelphia, Trenton and the law school didn’t have ing that fateful jazz cruise). Like and Newark, as well as Princeton’s a two-year deferral, so it didn’t his two older sisters, Jonny King eating clubs,” he recounts, getting make sense to go see Betty, even started lessons on the family’s name pros from New York to join knowing what I might have passed Baldwin spinet but blew them off him and earning $800 a night for his on,” he says. Not that the music after teaching himself Scott Jop- groups. And yet his grades never stopped. Even as an overworked lin’s “The Entertainer” from “The suffered, even when working five 1L, King secured a Thursday-Fri- Sting” when he was nine. “We were nights a week. He credits that feat day stint at the Charles Hotel’s addled at first he wasn’t interested with being an English major and an Regatta Bar in Harvard Square, in classical, but learned to love ability to produce papers on little for $90 a set. “I was actually get- jazz watching how excited he got sleep. ting more playing time than a lot of discovering the music on his own,” Law school was no surprise. guys I met from Berklee,” he says, Ruth King says. King had the professional drive, referring to Boston’s renowned By the time he got to high school, and he notes, “jazz conservatory jazz college. Jonny King was polished enough to programs didn’t interest me.” But King also made a mark at Har- perform frequently, first at school he took a year’s deferment from vard, and not just for performing assemblies, then at bar mitzvahs Harvard to return home and focus with the Black History Month and weddings. He was booked on a on music, including studying with band. By his third year, developing BBC show playing alongside piano one of his idols, pianist Mulgrew an interest in intellectual property legends Earl Hines and Mary Lou Miller. law, he identified a legal gap he felt Williams. “We never looked at a sheet of personally: the lack of copyright “I wasn’t a prodigy but could music, but sat side by side at the protection for improvisational improvise and find my way Baldwin in our apartment and jazz. around chord structures, mostly shared lines,” he says. “I’d watch The fact that jazz involved spon- from reconstructing what I heard him play bass and riff on top and taneous composition, along with on records,” he says. It helped then we’d switch positions. It was a styles and phrasing co-opted from that a friend was the daughter magical connection, and my parents other musicians who quoted one of Modern Jazz Quartet pianist loved him. Mulgrew was a gentle, another, and was also a collabora- John Lewis—King used the MJQ wonderful person.” tive art form created by contrib- rehearsal studio to tool around, As the year advanced, more uting authors (soloists), made it though he took instruction from opportunities fell into place, harder to assign copyright than a teacher named Tony Eless, an including a tour in Spain and then other forms of music. alumnus of Woody Herman’s suddenly, an invitation to audi- King wrote a paper, “The Anato- band who helped him with theo- tion for singer for an my of a Jazz Recording,” in which ry, chordal harmony and how to upcoming national tour. Known as he outlined how a jazz quintet’s transcribe tunes. a stern taskmaster, Carter helped version of an old standard tune “Tony instilled that reverence launch many pianists’ careers— could contain nine separate copy- for the language of jazz—I got to among them, and rightable elements, only one of appreciate the oral history of the . A stint as her accom- which reflected the original com- music and find my voice,” he says. panist would be a major-league poser or publisher. The article It was at Princeton that his per- ticket, but King had to decline drew interest from the American forming flourished. “I was as much the tryout. Society of Composers, Authors Tuesday, January 9, 2018 and Publishers, which published compositions with a quintet front- and asked for a leave of absence, it in its annual Copyright Law ed by two emerging saxophonists, which I knew was over the line. Symposium, heady validation for altoist and tenor Vin- Cowan was already being awfully a fledgling IP lawyer. cent Herring. Not a blockbuster, flexible around my music. But (For the record, King recalls tak- “Cold” did receive favorable shockingly his response was, ‘We ing classes with Barack Obama and reviews. One critic called King “a want you to be happy.’” seeing the future president at some player and composer to watch.” The tour with Redman (a four- of his gigs, though they weren’t Clubbing around New York he month, three-continent whirlwind friends.) found a recurring spot at Brad- that included consecutive-night After graduating cum laude in ley’s on University Place, the shows in Sao Paulo, Brazil, and 1991, King spent a year clerking primo hang-out for the city’s top Paris), was a triumph of three ris- for Massachusetts federal Judge pianists. King would glance up ing jazz superstars and one second- Douglas Woodlock (who now holds from his bench and see the likes year associate. It gave King the senior status on the bench), then of , , nerve to go back to his boss when decided to try the straight-and- , , Joe he returned to propose a part-time narrow as a litigation associate Zawinul and other heroes sitting work schedule: eight months in the at one of Boston’s old-line firms, at the bar. Still, he acknowledges, office, four months on music. which he prefers not to name. He “Those gigs didn’t cover the rent,” “I guess that was an unusual knew instantly it was a mistake. “A which is why he felt lucky to hook request, but our firm was ahead morbidly obese partner yelled at up with Cowan Liebowitz, where of the curve in encouraging a work- me to fetch him files and everyone he was assigned to copyright and life balance, plus Jonny was an seemed shell-shocked,” he recalls. trademark cases. exceptional talent,” remembers But something else triggered “It was nuts at the beginning,” he Bill Borchard, Cowan’s former him to quit after less than a year. recalls. “Bradley’s last set might chair who still practices as senior King’s live-in girlfriend Rosanna end around 3:30 a.m, I’d rush home counsel. “He was so passionately Graham, who was pursuing grad- for a couple of hours sleep and involved with his music, I believe uate studies at Harvard Divinity get to the office by 8:30.” It got it helped him become a better School, was battling breast cancer even nuttier when eight months lawyer. The thing about Jonny is, (the two had met at Princeton). into his job King was approached he never looks like he’s actually “Rosanna died on July 27, 1993, by tenor sax phenom Joshua Red- working.” and I packed it in right then and man—himself a Harvard grad With that unexpected blessing, quit.” Having saved $20,000 from who had turned down Yale Law King was able to take months-long his playing, King “blew it all” on an School—to join him on tour when breaks each year to concentrate extended fly-fishing trip to South his standing pianist couldn’t make on jazz, securing dates at the Blue America before returning to New the trip. Rounding out the quartet Note, Smoke, Iridium, Jazz Stan- York later that fall. would be up-and-comers Christian dard, Birdland, Sweet Basil and “I needed to produce some- McBride and Brian Blade on bass other top New York clubs, as well thing creatively, for Rosanna, and drums. as colleges, festivals and concert and to prove that I had it,” he “I couldn’t turn this one down,” venues across the United States, says. The result was an album King says, especially since Red- Europe and Asia. He played with on upstart label Criss Cross man had helped research his tenor sax legends George Cole- called, aptly enough, “In From “Anatomy of a Jazz Recording” man and Eddie Harris and was the Cold.” Released in January article when they were friends in called as a sideman for friends’ 1994, it featured mostly his own Boston. “I went to our chairman albums. Thumbs-up reviews piled Tuesday, January 9, 2018 up from The New Yorker, The New Chin, senior judge of the U.S. Court maybe I should have gone to law York Times and various jazz sites. of Appeals for the Second Circuit, school, too.” He saw his tunes recorded by the event was a performance of With a heavy trial load and law respected players including bass- sorts, with King and trio mates Ira firm to run, King nonetheless plans ist Dave Holland, pianist Renee Coleman and Victor Lewis demon- to be more visible at the keyboard Rosnes and vibist Steve Nelson. strating the ways in which jazz still in 2018, starting with a regular gig The rest of the year he was full- falls through the cracks of conven- the last Tuesday of every month throttle on litigation and client tional copyright framework. One at Luca’s Jazz Corner, housed in work, although he continued to of King’s record label clients has a cozy Upper East Side restaurant compose constantly. asked for an in-house workshop called Cavatappo Grill. “I don’t know what I would have on “Copyrighting America’s Clas- “It’s just an upright piano but done had the firm said no—prob- sical Music.” they have a nice scene and it’s ably turned total jazz pro,” he says. King continues to contend that a block from my apartment—I’ll “They certainly won my loyalty and copyright law has “somehow for- do trios and mixed group sets,” gave me the best of both worlds. gotten about jazz,” because of he says. He hopes to do another My first year as a full-time lawyer “both the idiosyncrasies of jazz— album, nudged on by his pub- wasn’t until 2006.” By then, he had an improvised, collaborative form lisher, eager to get more of his two young daughters, Cece and of music—and the Copyright Act’s many tunes into circulation. And Lila. King met his wife, Jacqueline rigid inability to adjust to those he already has another two-night Sailer—where else?—at Bradley’s. idiosyncrasies,” he writes his appearance set in April at the A former securities class action paper. “In truth, the business of super-intimate Mezzrow on West lawyer, she quit practice in 2011 jazz has evolved almost in spite of 10th Street. to become a professional photog- copyright law, so that pragmatic However, there is one standing rapher and currently teaches yoga concerns of getting paid for your gig King continues to wave off, as to inmates at Riker’s Island. gig or recording overwhelm what he’s done year after year: Cowan’s “Once the girls were born, I the law technically provides.” annual holiday party. “I think we stopped hanging out so much at “That was an eye-opener for have budget to hire someone else clubs, and didn’t like being away me,” says Coleman of the Bar for that,” he says. “Of course, I like for stretches,” King says, a key Council session. “Jonny showed to say it’s because the firm can’t reason his appearances shrunk to the lawyers how, by laying down a afford me.” a tighter radius of venues closer different beat, harmony or melody, to home. After a while, the scales jazz musicians are reinventing a Allan Ripp is principal at Ripp started to lean toward the Cowan work in every performance, even Media, a press relations firm in New side. on a well-known standard. How York. He has not represented people One thing that hasn’t slipped do you protect a solo, an arrange- or firms included in this piece. is King’s plugging away at the ment, or a rhythm in a broadcast shortcomings of copyright law or recording? So much of the legal as applied to jazz. Updating his language around music copyright original Harvard paper, King gives is still tied to a traditional classical frequent presentations through or pop perspective, not from the CLE programs, most recently to artistic standpoint of the impro- a group of 100 trial lawyers at the visers, who likely are not being Reprinted with permission from the January 9, 2018 edition of the NEW YORK Federal Bar Council Fall Retreat remunerated for their contribu- LAW JOURNAL © 2018 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact in October. Moderated by Denny tions. I came away half-thinking, 877-257-3382 or [email protected]. # 070-01-18-23