David Herlihy

Entertainment & Media
(212) 837-2600
Location: Boston, MA
Practice Areas & Industries:

David is admitted to practice before the Supreme Judicial Court of Massachusetts and the U.S. Federal District Court for the District of Massachusetts. He provides transactional and consultation services regarding intellectual property, emerging technologies, business model development, and entertainment law, with a focus on the music industries. David is a Full Teaching Professor at Northeastern University in the College of Arts, Media & Design, and Northeastern University School of Law. He is the Coordinator of Northeastern University’s Music Industry Program and Faculty Advisor for Green Line Records, Northeastern University’s student-run record label.

David is a Billboard-charting songwriter, and multi-award-winning lead singer for O POSITIVE, a Boston-based musical group with full-length albums on Epic Records and several independent record labels. David is still active in the recording studio and he occasionally performs live with the band Hey Dave.


  • Boston College Law School, J.D.
  • Boston College, BA Political Science

Bar Admissions

  • Supreme Judicial Court of Massachusetts
  • U.S. Federal District Court for the District of Massachusetts


Recent transactions handled by David include:

  • Evaluated intellectual property issues for documentary film makers, provided Opinion Letter to procure Errors & Omissions insurance policy and secured synchronization licenses from scores of major music publishers.
  • Represented educational non-profit in collaboration with a major network in the production and commercial release of a series original programming, including with respect to rights acquisition, music clearances and exploitation of ancillary rights;
  • Represented composer/producer in the provision of all original musical works and sound recordings for inclusion in a world-renowned web-based anime series;
  • Negotiated a successful resolution of a dispute regarding the production an independent film which was in jeopardy due allegations of breach of contract, breach of fiduciary duty, and tortious interference with prospective business advantage
  • Consulted with music-intensive start-up company to develop intellectual property-based business models, and consummate licensing transactions. Experience