Kirsten Donaldson

Kirsten Donaldson is an intellectual property (IP) law and policy attorney in Holland & Knight's Washington, D.C., office. Ms. Donaldson focuses her practice on patent policy, copyright, trademark, media law, technology and artificial intelligence (AI), trade secret law, and competition and trade policy.

Ms. Donaldson helps clients strategically navigate fast-changing rules and IP business realities when representing them before federal agencies, Congress and the courts. She brings a rare, 360-degree perspective shaped by senior roles in private practice, industry and government – translating complex policy and regulatory developments into practical, decision-ready guidance.

Clients rely on Ms. Donaldson for clear strategy when the stakes are high. She advances patent goals, protects brands and creative assets, and responds to emerging AI risks by advocating for clients in support of strong IP protections. Through collaboration, she builds coalitions, prepares leaders for high-visibility engagements and keeps teams focused on the outcome that matters most: moving the business forward.

Prior to joining Holland & Knight, Ms. Donaldson served in executive legal and public policy leadership roles for national and global industry associations and represented Fortune 100 companies on IP issues in private practice. She served with distinction on Capitol Hill as the first legislative director and counsel for Rep. Hakeem Jeffries, and she also worked on IP and antitrust issues for former U.S. House of Representatives Committee on the Judiciary Chair John Conyers. For more than 17 years, Ms. Donaldson has worked on every major IP legislation and regulation, demonstrating her extensive experience navigating and advocating within legislative, regulatory and legal landscapes.

Government and Legislative Strategy: Ms. Donaldson drafts, analyzes and negotiates IP legislation on behalf of Fortune 100 companies and prepares top executives for testimony before Congress and federal agencies on high-stakes issues. This includes drafting written and oral hearing materials and testimony, advising executives on legislative and agency procedure, and helping executives streamline complex IP and technology issues to target messaging effectively to each policymaker audience.

Patent Policy: Ms. Donaldson works with clients to build and advance their patent priorities across Congress, the White House, U.S. Patent and Trademark Office (USPTO) and other patent-related agencies. Having helped shape the America Invents Act (AIA) and its regulations, she has deep knowledge regarding USPTO post-grant agency review and USPTO processes, in addition to patent subject matter eligibility, standard essential patents and the intersection of patents and AI. She has extensive experience drafting comments, filing amicus briefs and appearing before Congress and agencies to further shape U.S. patent policies.

IP and AI: Ms. Donaldson helps clients develop and advance a holistic legal and policy strategy on AI as it relates to patents, copyrights and trade secrets. She understands how clients use AI to advance business goals and the threats that AI can pose to business objectives. With a finger on the pulse of federal and state AI legislative and regulatory developments, as well as ongoing IP and AI litigation, Ms. Donaldson utilizes all branches of government to help clients shape cutting-edge AI policies. Issues include digital replicas and generative AI "deepfakes," copyrighted content ingestion, AI in advertising and labeling, protection of trade secrets when using AI and the use of AI in patents, including diagnostics and medical testing.

Music Licensing and Copyright Rate-Setting: Ms. Donaldson is a leader in strategy and legal and regulatory advocacy on music licensing issues, having drafted pieces of the Music Modernization Act (MMA) – the most significant change to U.S. copyright laws in decades – from both within and outside Congress. She works closely with the U.S. Copyright Office (USCO) to seek regulatory clarity on music licensing issues and the Copyright Royalty Board on rate-setting proceedings, and advises TV broadcasters, music streaming services, performance rights organizations, labels, studios, publishers and Congress to help advance copyright and music policies that support music creation and efficient music licensing.

Trademark and Copyright Counseling: From registration before the USPTO or USCO through to litigation, Ms. Donaldson provides pragmatic and targeted advice to protect clients' iconic trademarks and copyrights. Having managed IP portfolios both in-house and in private practice, she advises clients on all aspects of brand clearance, prosecution and enforcement measures.

Licensing, Contracts and Digital Content: Ms. Donaldson negotiates and reviews commercial contracts and licensing agreements, including IP licensing provisions. She advises clients on media clearances, advertising campaigns and social media law issues, as well as on influencer marketing, product packaging, sweepstakes and contests.

Trade Secrets: Ms. Donaldson advises companies on the best practices for maintaining trade secret protection, including in relation to AI, as well as on trade secret enforcement measures. As a key contributor to the Defend Trade Secrets Act (DTSA), a federal civil cause of action that became law in 2016, Ms. Donaldson advises clients on the federal, state, civil and criminal options with which to enforce their valuable trade secrets against theft.

Coalition Leadership: Ms. Donaldson brings together stakeholders with like-minded policy goals to advance shared objectives before Congress, federal agencies and the courts. She leads and lobbies on behalf of multistakeholder coalitions and grassroots organizations to advance their goals in meetings with legislative and agency officials and through comments, white papers and regulatory submissions, creating a larger voice for meaningful change.