Litigation

Our firm has extensive experience defending clients in consumer class actions and mass arbitrations under both state and federal law, including claims arising from consumer protection statutes, privacy laws, unfair competition and false advertising laws, the California wiretapping statute (CIPA), the Video Privacy Protection Act (VPPA), the Telephone Consumer Protection Act (TCPA), and the Americans with Disabilities Act (ADA). Notably, our team negotiated settlements in two of the first public enforcement actions under the California Consumer Privacy Act (CCPA), demonstrating our ability to navigate novel regulatory challenges.

In addition to litigation, we advise clients proactively on drafting and implementing arbitration agreements and other contractual provisions designed to mitigate class action and mass arbitration risks. By combining strategic counseling with aggressive defense when claims arise, we help clients protect business value and reduce litigation exposure.

We prosecute and defend infringement actions involving books and publishing, film and television, music, advertising and branded content, visual art and photography, software, games, and digital media, including disputes arising from online distribution, internet platforms, and AI‑assisted uses of copyrighted works.

We litigate fair use, substantial similarity, access, and related doctrines in cases involving fiction and nonfiction works, commentary and criticism, search and indexing, data‑driven and internet‑based services, and other modern uses, including claims tied to artificial intelligence and web scraping.

We represent songwriters, recording artists, estates, industry participants, and licensees in disputes involving ownership, sampling, synchronization, mechanical and performance rights, statutory and compulsory licensing, royalty accounting, and enforcement of termination and recapture rights, including disputes arising from digital and platform‑based exploitation.

We litigate conflicts over authorship, work‑made‑for‑hire status, joint works, derivative works, compilations, chain of title, and license scope, often in cases involving complex entertainment and digital products.

We handle disputes arising from termination of copyright transfers, including challenges to notice and timing, work‑made‑for‑hire defenses, post‑termination exploitation, and competing claims to recaptured rights in both traditional and digital markets.

We litigate copyright cases involving software, digital tools, games, APIs, and online services, including matters implicating DMCA compliance, intermediary liability, notice‑and‑takedown practices, repeat infringer policies, user‑generated content, and disputes involving AI‑enabled platforms and internet‑scale services.

We pursue and defend copyright claims with a practical focus on leverage, cost, and outcome, recognizing that IP litigation can be expensive and disruptive. Our approach is aggressive where necessary, but disciplined and strategic, designed to protect and enforce intellectual property while resolving disputes as efficiently as possible and in a manner aligned with the client’s broader business objectives.

We represent actors, writers, directors, producers, television and podcast personalities, playwrights, composers, musicians, comedians, models, and athletes in disputes that affect careers, brands, and future opportunities—balancing aggressive advocacy with discretion and professionalism.

We litigate and arbitrate disputes involving talent services and executive agreements, producer attachments, development and financing arrangements, distribution deals, and licensing contracts—whether the goal is to enforce deal terms, defeat claims of an alleged agreement, or exit a relationship that no longer works.

We bring “Hollywood accounting” and contingent-compensation claims, prosecute audit rights, and work with forensic professionals to convert complex statements and reporting into clear liability and damages narratives.

We handle ownership and chain-of-title conflicts, licensing controversies, copyright and trademark disputes, trade secret claims, and disputes over derivative and ancillary rights.

We prosecute and defend disputes involving rights of publicity, false endorsement, and unfair competition, with a focus on safeguarding personal brand value.

We represent clients in employment matters arising from the entertainment workplace, including compensation disputes, termination-related claims, and we defend production companies in California Labor Code class and representative actions.

In a rapidly changing legal world, we are recognized leaders in structuring and interpreting law firm transactions and legal etch transactions, as well as advising on partnership agreements; handling partnership disputes; counseling attorneys leaving their law firms; advising with respect to litigation funding; and guiding firms on the use of artificial intelligence.  In addition, we regularly advise on attorney-client privilege and work product issues, attorney liens, attorney admissions, attorney reinstatement from suspension or disbarment and multi-jurisdictional legal practice.

We also represent clients in potential disputes with their current or former counsel, including fee disputes and legal malpractice.

Our lawyers have chaired ethics and professional responsibility committees throughout New York, two of our partners have served a Presidents of the Association of Professional Responsibility Lawyers (“APRL”) and we have helped draft changes to both the American Bar Association Model Rules and the New York Rules of Professional Conduct.  Our lawyers have also served on the Attorneys’ Liability Subcommittee of the ABA Professional Liability Litigation Committee and have chaired and served as members of numerous other committees for the New York State Bar Association, the New York City Bar Association, and the New York County Lawyers’ Association. We have also taught ethics and professional responsibility at New York University School of Law, Fordham Law School, Brooklyn Law School and the Benjamin N. Cardozo School of Law. We have written and lectured extensively on the law of lawyering, the attorney-client privilege, transactional and other conflicts of interest, and ethical duties of lawyer-directors, multijurisdictional practice, and the obligations of departing law partners.

Our lawyers are also regularly retained to opine as experts on ethics and professional responsibility issues.

• Represented a well-known international consulting firm in a litigation in the U.S. District Court for the Southern District of New York in a dispute the firm had with a former co-client regarding the return of their client file;
• Defended lawyers in the first sanctions hearing arising from the reference to “hallucinated” citations on Chat GPT.
• Represented an AMLAW 100 law firm in successfully defending a claim for fraud and malicious prosecution claims arising out of the sale of handwritten lyrics by a famous songwriter;
• Represented law firms, private equity investors, an legal tech companies in MSO and legal tech transactions and investments;
• Represented a national law firm in the formation of an alternative business structure (ABS) in Arizona;
• Represented clients in obtaining multi-million dollar settlements against their law firms for malpractice and other claims.

Securing a temporary restraining order and preliminary injunction for an international sports organization, protecting it against unlicensed and potentially damaging use of its trademarks during a critical period.

Defending a health services organization against trade dress, trademark and false advertising claims, including securing an early dismissal with prejudice of the false advertising claim and a dismissal without prejudice of the trade dress infringement claim that forced plaintiff to articulate a significantly narrower trade dress.

Obtaining early and favorable settlements in federal court, at the TTAB, and abroad for a sports league accused of adopting infringing trademarks.

Enforcing a travel company’s rights at the TTAB and earning a judgment that its house mark is famous.

Crafting and implementing an international registration strategy that allowed our client to assert prior rights in multiple jurisdictions, ultimately forcing an early and multi‑jurisdictional settlement that permitted continued use of its mark.

Forcing early dismissal of a motion seeking a declaratory judgment of non‑infringement for a well‑known New Jersey retail store and dairy farm

Negotiating a favorable settlement for a production company that prohibited further use of its trademarks.

Defending a retail platform against claims by dozens of models for trademark infringement and infringement of their name, image, and likeness, earning early opinions from the court that forced a favorable settlement.

Leveraging our client’s international trademark rights to force a positive conclusion to a multi‑jurisdictional dispute.

Litigating claims in federal and state court to force a former licensee to cease continued and bad‑faith use of a fashion designer’s name and trademarks.

Our firm has extensive experience representing companies in regulatory investigations by the Federal Trade Commission (FTC) and State AGs, including matters involving the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA).  Our significant experience includes negotiating the settlement of two of the first public enforcement actions under the CCPA.  Drawing on a deep understanding of agency priorities and enforcement trends, we work to protect our clients’ reputations and achieve efficient, business-focused outcomes.

We represent brands and corporations in FTC investigations related to advertising practices and consumer protection laws.  We also advise clients related to their ongoing compliance obligations with state and federal regulators.

We represent clients before state attorneys general and other state regulatory bodies and have defended against enforcement actions.

We assist corporate clients with running internal investigations and advise clients on necessary follow-up actions.