Eric P. Enson

A cornerstone of Enson's practice has centered around the work - and ongoing disputes - of the Internet Corporation for Assigned Names and Numbers.

ICANN, a nonprofit public benefit corporation, is tasked by the U.S. government with coordinating the Internet's domain name system, which allows users to easily find websites and communicate over the Internet.

ICANN also may create new top-level domains, such as dot-com and dot-org, in order to foster competition within the system, Enson said.

In 1998, Jones Day took on the organization pro bono to help with its formation and has continued to serve as ICANN's primary outside counsel.

Among his current cases, Enson is defending ICANN against Name.Space Inc. and Image Online Design Inc., two companies that operate top-level domains, or TLDs, in so-called alternative Internets.

They allege that ICANN's consideration, and possible creation, of new generic TLDs violates the antitrust laws and their trademark and contract rights. Name.Space Inc. v Internet Corporation for Assigned Names and Numbers, CV12-8676 (C.D. Cal., filed Oct. 10, 2012); Image Online Design Inc. v. Internet Corporation for Assigned Names and Numbers, CV12-8968 (C.D. Cal., filed Oct. 17, 2012).

Earlier this month, the court ruled against Image Online Design Inc., finding that ICANN didn't violate any of its rights and dismissing its complaint with prejudice. A similar challenge in the Name.Space Inc. matter still is pending.

Another lawsuit has been filed by online purveyors of adult entertainment who seek to reverse ICANN's approval of the controversial dot-xxx domain, created for websites offering adult-oriented material. They claim that dot-xxx injures competition due to certain terms in the contract between ICANN and the entity that operates the domain.

"Plaintiffs also claim that creation of dot-xxx requires those with dot-com domain names to defensively register their domain names in dot-xxx in order to ensure that their domain names are not improperly used by others," Enson said. Manwin Licensing International S.A.R.L. v. ICM Registry LLC, CV11-9514 (C.D. Cal., filed Feb. 17, 2012).

And, Enson added, "They think if you set aside an TLD for just pornography, it will be easier for people or countries to block it, or lead to censorship, and the fear of 'ghettoization' - that this space on the Internet is all bad stuff."

In the non-cyber world, Enson said one of his most satisfying cases was defending, alongside partner Jeff LeVee, Santa Barbara Cottage Hospital and Cottage Health System in an antitrust trial. Moelleken v. Cottage Health System, 1339785 (Santa Barbara Super. Ct., filed Oct. 14, 2009).

At issue were allegations that the hospital and a group of neurosurgeons conspired to block orthopedic spine surgeons from serving on call panels that were treating trauma spine injuries.

In April 2012, after seven weeks of testimony, the jury returned a complete defense verdict for Enson's clients.

- PAT BRODERICK