John Kivus
PARTNER
I’m all about software.
I’m a software and intellectual property attorney with over a decade of experience, but I also lean on my deep software engineering background to help software companies resolve and avoid complex legal disputes. My software expertise and continuing interest in the field allow me to give strategic advice to my clients based on up-to-the-minute industry knowledge, helping to resolve disputes through contracts, transactions, or litigation.
Many of my clients are software companies in conflict with other companies or individuals. These disputes frequently revolve around licensing and ownership and can involve IP issues such as copyright and trade secrets. I’ve had great experiences working on software projects for major corporations — Bank of America, Costco, DirecTV, and others – and have learned how to decipher the complex interplay between technical, factual, and legal issues that are central to these disputes. My tech background has taught me to speak the same language as “the experts” on complex matters like software code analysis and system architecture, which can also speed up the pace when navigating disputes.
My casework is a bit of acronym soup-- involving the Computer Fraud and Abuse Act (CFAA), Digital Millennium Copyright Act (DMCA), Defend Trade Secrets Act (DTSA), and Anti-Cybersquatting Piracy Act (ACPA), the Uniform Domain-Name Dispute-Resolution Policy (UDRP). I’ve also handled claims of copyright infringement, breach of contract, breach of license, and unfair and deceptive trade practices.
Even as a litigator, one of my favorite things is helping software companies to avoid disputes altogether. I spent quite a while as a software engineer developing products for companies such as Amdocs, AT&T, Motricity, and NetApp before turning to law and intellectual property. I use what I know about software development to help companies avoid pitfalls that may lead to litigation in the first place. I also draft contracts and guide transactions to help sidestep common issues that I often see in litigation.
Finally, I am proudly a Mainer, and now live in Raleigh with my wife, Elyssa, who is a professional photographer.
Education
University of North Carolina School of Law, J.D., 2011, North Carolina Journal of Law and Technology, Online Editor and Staff Member
Clemson University, B.S., Calhoun Scholar, with honors, 2003.
Awards and Recognitions
Best Lawyers: Litigation – Intellectual Property (2020-2022)
Business North Carolina Legal Elite: Young Guns (2018)
Super Lawyers Rising Star (2016-2021), 2021 Selectee for Intellectual Property Litigation
Bar Admissions
North Carolina State Courts
U.S. District Court, Eastern District of North Carolina
U.S. District Court, Middle District of North Carolina
U.S. District Court, Western District of North Carolina
Get to Know Your Lawyer
| First Computer: | Custom PC Built with my Father in Second Grade |
| First Video Game Console: | Nintendo Entertainment System |
| Favorite Video Game: | Mass Effect |
| Current Computer: | MacBook Pro |
| Favorite Vacation Spot: | Disney World |
| Job Before Law: | Software Engineer |
| Coffee, Tea, Coke or Pepsi?: | Coffee |
| Favorite Cocktail: | Paper Plane – Amaro, Aperol, bourbon, and lemon juice |
| Favorite Beer: | Grove (Double IPA) - Brewery Bhavana |
| Favorite Teams: | Red Sox, Clemson Football, Patriots, Carolina Basketball |
| Nerdiest Interests: | Fountain Pens (I have to get away from the digital world sometimes.) |
Client Testimonial
“I have worked with John Kivus on several software-related projects, including revisions to software agreements and negotiating my exit from a company that involved the future use and transfer of software offerings I had developed. John helped me work through these issues as well as other related disputes. John has provided exceptional counsel as he helped me navigate contentious issues, and I have been very satisfied with their ultimate resolution. I still use John and his team today for all my software-related and corporate legal needs.”
— Steve Gray