Andrew Gilden’s research focuses on intellectual property and cyberlaw, as well as legal issues concerning free speech, civil rights, gender identity, and sexual orientation. His intellectual property scholarship critically examines strategies to make IP laws more sensitive to issues of free speech. His research shows that some of the most widely accepted strategies for limiting the reach of IP rights—for example, expanding fair use, limiting available remedies for infringement, and fortifying the public domain—have produced under-appreciated tradeoffs between the interests of creators, intermediaries, and the general public. His cyberlaw scholarship examines the intersection of technology and identity, in particular the impact of cyberlaw issues on LGBT people and other sexual minorities. His scholarship also develops new strategies for presenting contested and unfamiliar issues of gender and sexuality in real-world legal advocacy.
Previously, he worked as an associate in the New York office of Debevoise & Plimpton LLP, where his practice focused primarily on intellectual property and media litigation. He served as a law clerk for the Hon. Cynthia Holcomb Hall of the U.S. Court of Appeals for the Ninth Circuit and for the Hon. Marilyn Hall Patel of the U.S. District Court for the Northern District of California. He received his law degree from Georgetown University Law Center and his undergraduate degree in Anthropology and Economics from Brown University.