Angela L. Dunning

Dunning practices commercial and intellectual property litigation at the trial and appellate levels. The Cooley partner also maintains an active pro bono docket, including immigration asylum and other matters.

“That’s a testament to Cooley’s commitment that we’re not going to leave anyone behind,” she said of her pro bono work. “The high-stakes commercial litigation we handle lets us as a firm develop a set of skills we have an obligation to deploy on behalf of those who need us.”

In her IP practice, Dunning served as lead trial counsel for the genetic testing company 23andMe in litigation over the right to use the term “ancestry.” Rival Ancestry.com had registered the term as a trademark; Dunning’s client fought back by asserting the registration should be canceled and that 23andMe can employ the term as non-infringing under descriptive fair use rules. 23andMe Inc. v. Ancestry.com DNA LLC, 3:18-cv-02791 (N.D. Cal., filed May 11, 2018).

“Trademark law protects trademarks, not generic dictionary terms, so we could not be infringing,” said Dunning, who conducted extensive discovery and expert testimony preparation. The case resolved on confidential terms in March 2020 shortly before summary judgment motions were to be filed, she added.

In a pro bono case over Fourth Amendment rights, Dunning serves as lead trial counsel for an extended family belonging to the Big Valley Band of Pomo Indians in Lake County. In raids in 2017 several weeks apart, the family’s two homes were raided by law enforcement officers performing a warrantless probation search for an adult family member who did not live in either home. Dunning and colleagues contend that in forcing their way into the homes over the family’s objections, the officers violated the family’s constitutional rights, subjected them to an unlawful search, invaded their privacy and used excessive force. John v. County of Lake, 18-cv-06935 (N.D. Cal., filed Nov. 15, 2018).

Dunning said she has settled with the City of Lakeport, which has agreed to pay damages and to revise law enforcement training policies regarding probation searches. Trial against Lake County is set for June 1, 2021.

“It’s exciting to be able to give a voice to the underrepresented, especially folks imposed upon by officers who were supposed to protect them at a time of raised consciousness over racial matters,” she said.

In an asylum matter, Dunning represents a family from El Salvador who was threatened with death by the Mara Salvatrucha gang after they identified individuals who killed one son. She has achieved asylum for two family members; another son was recently released from ICE custody and awaits the result of further litigation.

She’s had the case for a decade. “The family has grown as mine has,” she said. “I truly believe in them.”

— John Roemer