bio-photo-Susan-Lutzker
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Senior Partner

susan@lutzker.com

(202) 408-7600 ext. 2

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PRACTICE AREAS

Internet and New Media
Nonprofit Organizations
Copyright
Entertainment and the Arts
Small Business

EDUCATION

Georgetown University Law Center, J.D. (1974)
Radcliffe College, Harvard University, A.B. (1970 cum laude)

BAR ADMISSIONS

District of Columbia

Combining an academic and personal background in arts and culture, a strong foundation in the nuts and bolts of complex legal transactions developed as an associate in private practice and an understanding of the nonprofit environment from her years with the National Trust for Historic Preservation, Susan Lutzker represents both businesses and tax-exempt organizations on a diverse range of issues. In the context of the firm’s intellectual property practice, she specializes in copyright and other issues related to the use of the Internet and new media.

Prior to establishing Lutzker & Lutzker with her husband Arnold Lutzker, she spent twenty years as in-house attorney at the headquarters of the National Trust for Historic Preservation, a federally-chartered nonprofit organization charged with mobilizing and leading the private preservation movement in the United States. She represented the National Trust in helping to finance complex projects designed to rehabilitate historic communities and landmark properties and build cultural pride, often in blighted inner-city neighborhoods. She developed a special interest in the operation of entrepreneurial activities by nonprofit organizations.

Her early legal practice was with Lane and Edson, P.C., where she worked on novel tax issues involving the syndication of low-income housing, a skill later used at the National Trust to support the Trust’s participation in rehabilitation projects utilizing the historic preservation and low-income tax credits. While at Lane & Edson, she authored articles on real estate financing techniques.
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REPRESENTATIVE MATTERS

  • Serving as general counsel for the Lili Claire Foundation, and its affiliated media organization Lili Claire Communications, formed to provide hope, answers and help to special needs children and their families.
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  • Advising nonprofit clients on issues relating to corporate governance, complex tax exemption issues involving insider transactions and entrepreneurial activities, conflict of interest matters, intellectual property issues, fiscal sponsorship arrangements and risk management.
  • Reviewing client websites for copyright, trademark and patent issues to determine ownership and use rights; preparing terms of use statements; reviewing privacy policies for purposes of obtaining the TRUSTe privacy seal, adherence to Department of Commerce Safe Harbor Principles, and compliance with the Children’s Online Privacy Protection Act (COPPA) and other applicable laws.
  • See Lutzker, S., “7 Hidden Hazards of Your Website.”
  • Advising online game sites and contextual advertising services on issues such as permissible use of third party trademarks and user-generated content.
  • Counseling podcast creators as to clearance and license issues.
  • Helping clients obtain the TRUSTe email seal and TRUSTe download certification.
  • Protecting client interests in domain name disputes.
  • Dealing with DMCA notice and takedown procedures where copyright infringement is alleged.
  • Advising clients on risk reduction through special errors and omissions and abatement infringement insurance policies designed to protect the intellectual property of web-based businesses.
  • Assisting for-profit and nonprofit entities with complex contractual matters, including dispute resolution and enforcement of rights.
  • Organizing the national traveling art exhibition Palace of Gold & Light: Treasures from the Topkapi, Istanbul (2000-2001).
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  • Assisting clients with commercial lease negotiations and modifications.
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    ADDITIONAL EXPERIENCE

  • Pro bono legal advisor to Cultural Alliance of Greater Washington
  • Pro bono legal advisor to Washington Art on Call Committee
  • Lecturer, Washington Area Lawyers for the Arts workshop on starting a nonprofit business
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    ARTICLES

  • 7 Hidden Hazards of Your Website.” June 2009 edition of the online newsletter of the American Society of Association Executives, Author
  • Altering the Contours of Copyright: The DMCA and the Unanswered Questions of Paramount v. 321 Studios,” 21 Santa Clara Computer & High Technology Law Journal 561 (2005), Co-Author with Arnold Lutzker
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