As a counselor, litigator and trial attorney, Mr. Lehrburger represents both plaintiffs and defendants in a wide range of commercial and intellectual property matters. His intellectual property work includes false advertising, trademark, copyright, patent and trade secret matters. On the commercial side, he handles alliance, licensing, financial and other complex business disputes. Among other matters, he currently represents plaintiffs in high-profile litigation involving residential backed-mortgage securities.
Skilled in the courtroom, Mr. Lehrburger’s experience includes jury trials as long as seven weeks and bench trials as short as one day. Mr. Lehrburger also is a veteran of alternative dispute resolution through mediation and arbitration. He also provides cogent and practical counseling on advertising claims and substantiation, trademarks and the like.
Mr. Lehrburger's work spans an array of industries including financial instruments, pharmaceuticals, medical devices, consumer products, quick-serve restaurants, music and publishing, computer software, the internet, sports and others.
He has written and lectured on intellectual property and litigation topics ranging from deceptive advertising on the internet to domain name cybersquatting to trademark issues lurking in song titles and lyrics. He has been quoted in the media as an authority on licensing and related IP issues.
While serving pro bono as a Special Assistant to the New York City's Corporation Counsel early in his career, Mr. Lehrburger won three jury trials in three months. He also has served as a mediator for the Commercial Division of New York Supreme Court and arbitrator for the Council of Better Business Bureaus.
Complex Commercial Disputes
Representing financial guarantee companies in several litigations in both federal and state courts against counter-parties involved in issuing residential backed-mortgage securities. These disputes arose out of the global economic crisis and involve cutting-edge issues.
Defended pharmaceutical company licensee in international arbitration against claims by a biotechnology licensor of breaching development and commercialization obligations. After a two-week hearing in which the plaintiff sought more than $2 billion in damages, the tribunal awarded only a small fraction of the damages sought.
Represented licensee in a series of disputes against a licensor under worldwide license and distribution agreements for blockbuster drug. Part of team that successfully preserved rights under the agreements through combination of court proceedings, arbitration and settlement.
Defended licensee in connection with allegations by licensor of failure to develop novel cancer drug in accordance with development and commercialization agreement. The matter was resolved to satisfaction of both parties with relationship intact and without resort to formal proceedings.
Obtained jury verdict on behalf of quick-serve restaurant chain following four-week trial against competitor's advertising campaign and slogan.
Won jury verdict in favor of pharmaceutical company defendant after seven-week trial involving claims of false advertising, unfair competition and deceptive business practices.
Prosecuted false advertising and trade dress suit on behalf of a consumer products company through two-week trial culminating in injunctive relief, product name change and multi-million dollar settlement.
Part of team that won summary judgment in favor of a major soft drink company in an important case involving the intersection between FDA labeling rules and advertising law.
Spearheaded prosecution of pharmaceutical false advertising claims in several countries on three continents. Developed arguments and strategy with client and coordinated local counsel in UK, Germany, Spain, Australia, and other countries in obtaining relief in courts and industry regulatory fora.
Copyright and Trademark
Defended music company and several digital music services against, and favorably resolved, claims of copyright infringement involving scope of license and novel issues surrounding rights implicated by digital distribution of music.
Successfully defended copyright and trademark infringement suits brought against greeting card company involving holiday ornaments, photographs and posters.
Prosecuted trademark and copyright infringement claims on behalf of car rental company against distributor of internet pop-up advertising generated by spyware/adware.
Defended quick-serve restaurant chain and favorably resolved right of publicity and trademark claims asserted by celebrity for use of name in nationwide promotion.
Obtained temporary restraining order and preliminary injunction on behalf of electronics company against computer component distributor engaged in trademark counterfeiting scheme.
Pursued trademark counterfeiting claims on behalf of soft drink company against manufacturer and more than twenty distributors of fake branded cola. Secured temporary and permanent relief and contempt violation ruling.
Patent and Trade Secret
Co-tried three week patent infringement trial on behalf of medical device manufacturer and marketer, successfully knocking out majority of damages and accompanying claim for theft of trade secrets.
Part of team that obtained preliminary injunction and prosecuted patent infringement actions involving ophthalmic surgical equipment on behalf of medical device manufacturer.
Successfully defended technology solutions provider in dispute involving claims of theft of trade secrets, breach of contract and unfair competition. After cross-examining adversary witness on first day of trial, case settled favorably.