. Successfully litigated the first digital copyright case to be taken up by the United States Supreme Court, Tasini v. The New York Times. The case involved the question of whether articles written by freelance writers could be copied and incorporated into on-line databases and CD-ROMS without the freelance authors' permission. The freelance writers claimed that such activities constituted copyright infringement. The defendants - including newspaper and magazine publishers and database producers - claimed that they had a statutory privilege to use the works. All they were doing, the defendants argued, was reproducing their print collective works in digital format. The District Court ruled for defendants on the issue and against my clients, and the Second Circuit unanimously reversed. The United States Supreme Court then affirmed the Second Circuit in a 7-to-2 decision, ruling in the freelance writers' favor.
. S everal class actions piggybacked on this decision and, in March of this year, the US Supreme Court ruled a second time in this extended litigation- this time, confirming the correctness of my position that a federal court has subject matter jurisdiction over copyright infringement claims even if they concern "unregistered" works.
. Won unanimous decision of the highest court of the State of New York, the New York Court of Appeals, on issue of national significance. Established principle that a plaintiff and his or her lawyer have the right to speak with the employees of a corporate defendant, so long as they are not the corporation's alter egos. Niesig v. Team I et al., 76 N.Y.2d 363 (1990). The decision is still cited today.
. Successfully represented an overseas airline in a series of cases in several jurisdictions over a period of ten years in complex commercial litigation. The cases involved complex issues pertaining to RICO, standing and sovereign immunity. Obtained eight-figure judgment on client's behalf in one suit and multi-million dollar settlement in another.
. Successfully represented an officer, member and director of a major Foundation over a five year period against allegations by the New York State Attorney General's Office and Internal Revenue Service that she had engaged in unlawful "self-dealing" and otherwise violated her fiduciary duty to the Foundation. Director absolved of charges, and proposed assessments and damage claims in the approximate amount of $ 35 million dismissed.
. Successfully represented West Coast company that sells line guides for fishing poles against multi-million dollar claim that company engaged in patent infringement.
. Successfully represented major company with over 1,600 offices nationwide in series of actions against companies alleged to have infringed its trademarks and trade dress; permanent injunctions obtained.
. Successfully represented a group of thirty-four individuals and distributorships in complex third-party litigation, helping to negotiate an end to fourteen years of litigation among all parties in the main and third-party actions;
. Successfully represented real estate cooperative and approximately fifteen defendants in multi-million dollar litigations in federal and state courts against claims of self-dealing, breach of fiduciary duty and discrimination.
. Negotiated settlements of major sex discrimination suits against the City of New York, among other defendants. Represented class of women employees claiming discrimination in terms of pregnancy leave and benefits.
. Responsible for successful challenge under United States Constitution to Minnesota criminal Syndicalism Statute, and for dismissal of felony charges against labor leaders asserted under statute.
. Received the support of 38 out of 50 states of the United States in connection with a petition I presented to the United States Supreme Court on behalf of employees, concerning the proper interpretation of ERISA.
. Together with a colleague, successfully resolved trademark and copyright infringement claims brought by a media giant against a small graphics company for utilizing certain characters and designs on its t-shirts.
. Negotiated successful resolution of copyright infringement claims against print publisher that placed excerpts of author's book on-line and incorporated into CD-ROM without author's knowledge and consent.
. For nine years was outside counsel to the association that represents the professional employees of the City of New York, a union comprised of some 7,500 employees;
. Have successfully represented many other unions and associations in litigation and non-litigation matters. Have negotiated collective bargaining agreements, handled grievances and prosecuted arbitrations and unfair labor practice proceedings.
. Have counseled authors, playwrights, graphic artists, photographers, musicians, composers, designers, a small publishing company, programmers and other techies, a book packager and others on a wide range of copyright issues.
. Have counseled small, medium and large companies on a variety of trademark issues.
. Have assisted authors in negotiating publishing agreements; in the most recent instance, the publishing company adopted all of the changes I proposed verbatim.
. Represented faculty members in grievances, arbitrations and litigation in both the private and public context.
. Successfully handled a variety of First Amendment claims- freedom of speech, freedom of press, freedom of religion and Establishment Clause issues- in a variety of contexts.
. Successfully handled claims to the effect that constitutional rights have been violated- under the Commerce Clause, Due Process Clause, Supremacy Clause, Separation of Powers Clause, Necessary and Proper Clause, and under the Fifth, Seventh and Fourteenth Amendments.