Cantor Fitzgerald Securities
Ongoing
Served as co-lead counsel of the Plaintiffs' Steering Committee in litigation arising out of the 1993 bombing of the World Trade Center leading to a judgment on liability in favor of plaintiffs affirmed by a unanimous appellate division. Representing Cantor Fitzgerald in its ongoing action seeking damages for its business interruption losses.
Conde Nast
Ongoing
Represented Conde Nast in action brought under anti-cybersquatting prevention provisions of Lanham Act against notorious domain name infringer, and in subsequent interpleader action regarding collection of damage award.
NBBJ
Ongoing
Representing defendant in copyright infringement action involving a skyscraper complex built in Moscow based upon a design by NBBJ. The developer’s former Dutch architectural firm first arbitrated against the developer in Stockholm. That firm then sued NBBJ as successor architect for infringement of its architectural plans and works. Case on suspense calendar.
Haberman
Ongoing
Successfully appealed to New York Court of Appeals to overturn dismissal of litigation over denial of building permit, where zoning board of appeals disavowed litigation agreement to extend zoning variance. In issue of first impression, Court of Appeals held that counsel for zoning board could bind the board by signing stipulation, and that no additional public hearing was required.
TheStreet.com
Ongoing
Advice to financial website regarding domain names, copyright, trademark, and related issues.
Blue Matrix I, LLC
Ongoing
Representing provider of online financial publishing ("cloud") software in threatened breach of contract lawsuit; case was settled.
Anonymous Internet poster
Ongoing
Representing anonymous Internet poster in connection with subpoena to Internet service provider for user information. Successfully quashed subpoena.
Rose Group Park Avenue
Ongoing
Representation of catering company operating under shared space arrangement with historic church, in petition to overturn denial of license application. Injunction issued; SLA appeal to 1st Department pending.
Harold Ober Associates
Ongoing
Representing J.D. Salinger in a copyright infringement action against the author, publisher and distributor of a self-proclaimed sequel to "The Catcher in the Rye." Motion for preliminary injunction was granted and appealed to the 2nd Circuit where the matter was vacated and remanded. Case pending.
McIntosh & Otis, Inc.
Ongoing
Representing literary agents in copyright action involving termination rights and the John Steinbeck literary properties. Summary judgment dismissing all claims granted.
NBC Universal
2010
Represented NBC in a copyright action brought by plaintiffs claiming that the television program "Heroes" infringes their copyright in a documentary and manuscript about their lives as divination artists. Summary judgment granted for defendants; affirmed to the 2nd Circuit; certiorari petition denied.
John Doe
2010
Successfully moved to quash subpoena seeking private information of individual posting anonymously on Internet message boards regarding public company, on First Amendment grounds.
Derek Andrew, Inc.
2009
Represented clothing designer in infringement litigation against department store and its vendors regarding house brand clothing incorporating copyright-protected beading design and heart, wing and crown design trademark.
DLA Piper
2009
Represented DLA Piper U.S., LLP, in New York state court, successfully defeating the petitioner’s motion for pre-action discovery in aid of framing a complaint for libel arising from the publication of an allegedly false and defamatory article about the petitioner, who was a party to a federal discrimination lawsuit. Supreme Court of the State of New York, New York County, Index No. 08100448.
Thomas Nelson, Inc.
2009
Defended book publisher in copyright infringement litigation involving alleged re-use of illustrations in medical book; case involved novel issues regarding use of illustration software to create line drawings from photographs.
Diaz
2008
Represented employee in litigation brought by former employer for breach of noncompete and misappropriation of trade secrets.
Derek Andrew, Inc.
2008
Represented clothing designer in a trademark infringement litigation against manufacturer using counterfeit hangtags. Damages claims tried before U.S. District Court of the Western District of Washington and affirmed by 9th Circuit.
Lions Gate Entertainment
2008
Represented Lions Gate and other defendants in an action instituted by Jonesfilm for alleged infringement of its claimed trademark in the title of the motion picture "9 1/2 Weeks"; involved prequel rights; tried before IFTA after two 2nd Circuit appeals; confirmed and affirmed on appeal to 9th Circuit.
Time Inc.
2008
Represented magazine publishers in copyright and trademark infringement action against website described as "Napster for the magazine industry."
Mourant Financial Service
2006
Defended Mourant Financial Services in financial services industry against claims involving misappropriation of trade secrets.
adidas America, Inc.
2006
Defended adidas America in trademark infringement suit arising from use of plaintiff charity’s trade name and logo in nationwide advertising. Case settled.
David M. Childs and Skidmore, Owings & Merrill
2006
Represented architectural firm that designed original Freedom Tower in action involving alleged copyright infringement of architectural design of Yale architecture student. Settled after motion to dismiss granted in part.
Advance Magazine Publishers, Inc.
2006
Defended Advance Magazine Publishers, Inc., owners of the website Brides.com, in trade secret litigation brought by the owner of the website TheKnot.com.
Estate of J.R.R. Tolkien
2003
Represented the Estate of J.R.R. Tolkien as plaintiff in a copyright infringement action against Inkling Books based on chronology of "Lord of the Rings." Preliminary injunction granted; settled thereafter.
St. Martin's Press
2002
Defended publisher in trademark infringement action arising out of the use of plaintiff's song title as the title for a book series. Summary judgment granted.
British Broadcasting Corporation (BBC)
2001
Defended the BBC against copyright infringement, defamation, and Lanham Act moral rights claims arising from BBC documentary regarding gun running in Florida for the IRA. Song used by New York Irish radio station as theme song plays in documentary without synch license. Defamation claim dismissed; thereafter settled.
PolyGram Records
2000
Represented PolyGram Records in a breach of contract action brought by the Ohio Players with regard to PolyGram's right to license certain master recordings produced under an exclusive recording agreement for use in connection with television advertisements.