John Kivus is a software and intellectual property lawyer who brings a rare combination of engineering experience and legal judgment to complex technology disputes. His years as a software engineer and continuing fluency in how the industry works let him engage directly with developers, experts, and technical teams, and translate code, system architecture, and technical complexity into clear legal strategy. He is particularly effective where technical complexity and legal strategy intersect.

John is the Chair of Morningstar’s Litigation Group. He focuses his litigation practice on representing software companies in disputes with other companies and individuals. These matters frequently center on software licensing and ownership, as well as related intellectual property issues such as copyright and trade secrets. Before practicing law, John worked on software projects for major corporations, including Bank of America, Costco, and DirecTV, which gives him the earned knowledge to help clients understand and address the interplay between technical, factual, and legal issues, particularly in the early stages of a dispute when clarity and direction matter most.

John also helps software companies avoid disputes before they arise. Drawing on his experience as both a software engineer and litigator, he identifies practical risks in contracts, development processes, and commercial relationships. With years spent as a developer at companies such as Amdocs, AT&T, Motricity, and NetApp, he guides clients through transactions, agreement drafting, and relationship structuring to sidestep the issues that most often lead to litigation.

On the trademark side, John manages trademark and copyright portfolios and advises clients on registration, enforcement, and dispute resolution, including proceedings before the Trademark Trial and Appeal Board (TTAB). He regularly handles trademark litigation in the North Carolina Business Court and in federal courts.

Beyond his work with technology companies, John, a longtime fan of pop culture, represents authors, artists, comic book creators, photographers, and others who produce creative works. He advises them on both the legal and business aspects of protecting and commercializing their intellectual property.

John’s experience includes matters involving the Computer Fraud and Abuse Act (CFAA), Digital Millennium Copyright Act (DMCA), Defend Trade Secrets Act (DTSA), and Anti-Cybersquatting Piracy Act (ACPA), as well as claims of copyright infringement, breach of contract, breach of license, and unfair and deceptive trade practices. He has also successfully defended clients against complaints under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).

A native of Maine, John currently lives in Raleigh with his wife, Elyssa, who is a professional photographer.