AS A LITIGATOR
In Court: As lead counsel, litigated a large number of complex business disputes in federal and state courts at trial and appellate levels throughout the country. Practice concentrated on a broad range of intellectual property matters involving copyrights, trademarks, trade dress, trade secrets and publicity/privacy rights, typically arising from infringement issues or disputes over contracts that licensed, sold or otherwise dealt with intellectual property. AV® Preeminent™ Rated by Martindale-Hubbell [AV® Preeminent ™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.] The clients operated in many different entertainment and communications businesses, such as music publishing, records, motion picture (feature film) production and distribution, home video, television program production and distribution, computer software and the Internet. Many cases arose in the context of advertising, marketing and promotion, including trademark and copyright infringement in advertising, contract disputes between advertiser and ad agency, and litigation between consumer products competitors over claims of false and misleading comparative advertising.
In Arbitration: Member of the American Arbitration Association’s Commercial Panel of Arbitrators and its Customer Account Panel, with an active docket. The focus of most recent matters has been in the advertising, book publishing, music publishing, consumer products, and executive service contract areas. Pro bono arbitrator of attorney-client fee disputes under Part 137 program established by New York State Unified Court System.
AS A MEDIATOR
Began mediation practice in 2006, with more than 100 mediations concluded to date. Mediations have resulted in settlement of a wide variety of business disputes, including, most recently, claims involving:
In a class action, sufficiency of disclosure to the public of major NYC museum's admissions policies
Payments due for public relations services to support a potential large municipal project
Supplier of goods to online discount merchandiser
Scope and enforceability of non-compete and non-solicitation clauses
Attributes of professional talent management agreement
Entitlement to and computation of royalties under IP license agreements
Scope of trade dress protection
Duties of website designer to make changes and corrections to complex web program
Extent of vicarious and contributory liability for copyright infringement; appropriate actual and statutory damages for infringement of patents, copyrights and trademarks
Valuation of corporate assets and rights of former partners and key employees in income generated in servicing clients of former firm
Interpretation of commercial general liability insurance policy provisions
Reasonableness of fees for legal services.