Commercial and IP Litigation
In addition to the full range of commercial disputes, we represent clients in copyright, trademark, false advertising, First Amendment, libel and slander, rights of privacy and publicity and other intellectual property disputes. Our representative experience includes:
- Won dismissal of industrial espionage matter at summary judgment arising from a competitor’s allegation that our client, a Fortune 500 financial information and analytics company, employed consultants to illegally access a proprietary database. After winning dismissal of the RICO claims at the motion to dismiss stage, our team won summary judgment decision dismissing Sherman Act, Lanham Act, and myriad state law claims and leaving only limited claim of unfair competition that plaintiff voluntarily dismissed. After a two-day hearing, our team won motion excluding adversary's damage expert. The Second Circuit affirmed the district court’s summary judgment decision resulting in a complete victory for our client.
- Represented a well-known news publisher in a copyright and “hot news misappropriation” claim against a website operator that was systematically republishing items from our client’s newswire. The case, which garnered significant press attention, ended when the defendant made a public acknowledgement of liability, agreed to a permanent injunction and paid a substantial sum in damages to our client.
- Represented a leading restaurant chain in a suit brought against it by a celebrity rap artist. The rap artist claimed that our client’s actions violated his right of publicity under New York law and his trademark rights under federal law and sought damages and injunctive relief. Following fact and expert discovery, summary judgment briefing and mediation, the case resolved on mutually satisfactory terms.
- Representing a major financial company in strategic IP litigation in both the Illinois courts and the federal courts in New York to defend its franchise in index-based derivatives trading. This market comprises a wide variety of exchange-traded and structured investment products, such as options and futures, based on well-known indexes. To date, we have won every decision in these related cases on forum selection, jurisdiction, copyright preemption, and discovery issues. Most recently, we won summary judgment on the merits for our client, reaffirming its intellectual property rights in its indexes and thus its ability to control uses of the indexes in derivative trading products through licensing.
- Represented a major communications company in a $100 million dispute over a computer software agreement.
- Represented the leading information reporting and media company in a federal corporate espionage case against a competitor alleging that the competitor illegally accessed its proprietary software system and used that illegal access to copy aspects of our client’s market-leading product.
- Represented a sports association in connection with an indicted athlete’s challenge to his suspension by the association.
- Obtained preliminary injunction enjoining satellite providers from airing nationally broadcast television commercials. Successfully argued appeal; which led to the U.S. Court of Appeals for the Second Circuit redefining several key doctrines in the law of false advertising.
- Successfully represented major publisher that owns copyrights in world-famous cartoon characters in litigation against unauthorized licensing by third party of merchandising rights.
- On behalf of an entertainment company, defeated a motion to enjoin the release of one of the best-selling albums of its year based on theft of trade secrets and breach of contract.
- Won an important victory for our client, a major sports media company, in a lawsuit in which the plaintiff claimed that fantasy sports games offered on the company’s website constituted illegal gambling.
- Obtained a TRO that led to a favorable settlement on the first morning of trial for our client, a public communications company. The case involved our client’s claim that the defendant had breached an agreement to provide capacity on an undersea cable between Puerto Rico and St. Croix.
- Represented a professional sports league commissioner in internal hearings that resulted in the suspension of a prominent team owner and in ensuing litigation brought by the owner against the commissioner.
- Successfully defended a leading industry publication in an action brought by a party to a Chinese joint venture alleging damages when the magazine prematurely terminated a venture to publish a Chinese-language version of the magazine. The court dismissed the case for discovery abuse when we uncovered forged documents.
- Led the defense of the nation’s largest magazine publisher in antitrust class actions alleging a nationwide price-fixing conspiracy involving all major publishers. The Firm secured a no-damages settlement that was Court-approved.
- Defended the publisher of a leading national business journal in a suit brought by a major hotel chain over a story that alleged skimming at the hotel chain’s casino in Las Vegas. Representing the publisher, the Firm won "one of the major defense verdicts of the year," according to the American Bar Association's ABA Journal.
- Assisted in securing a major victory for a leading media company in a multi-billion dollar libel case in Indonesia. General Suharto, longtime ruler of the country, sued the publisher's Asian edition claiming that a cover story chronicling how his family amassed a fortune during his years in power was defamatory. Working with attorneys and experts around the world, Firm attorneys helped coordinate the publisher's defense. After a lengthy trial, the Indonesian court threw out General Suharto's lawsuit in a decision that heralded a new era for press freedom in Indonesia.
- Defended a leading national business journal in a libel suit brought by extremist group Liberty Lobby. The case was dismissed on summary judgment, affirmed by the D.C. Circuit, which agreed with the district court that the defendant had proved the truth of the key allegation that Liberty Lobby was "anti-Semitic."
- Defended a national television network and its New York affiliate in several libel, invasion of privacy and copyright infringement suits. Every suit ended in dismissal of the claim and all appeals resulted in affirmance.
- Represented a national magazine publisher in a variety of content-related litigations.