AS A LITIGATOR

PROFESSIONAL EXPERIENCE

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.​​