Helene M. Freeman is a partner in the Litigation Department at Phillips Nizer LLP.   Ms. Freeman has over 20 years experience counseling clients in the entertainment industry, including multinational record distributors, leading musical performing groups, film and television producers and distributors, international music publishing companies, theatrical producers, authors and internet webcasters.

As a litigator with more than 30 years experience, Ms. Freeman has been trial and appellate counsel in precedent setting cases under both copyright and trademark law throughout the United States.  She provides assistance in securing registration of copyrights and trademarks in the United States and developing plans for the worldwide exploitation and protection of creative property. She also regularly advises on international transactions involving the acquisition of rights in entertainment properties.

Representative Litigation:

• Robinson v. Sanctuary Records Group, Ltd. et al., 542 F. Supp. 2d 284 (S.D.N.Y. 2008). Trial and appellate counsel to defendant record company in breach of contract action. Secured judgment after trial that plaintiff recover no damages.
• RBFC One, LLC v. Zeeks, Inc. et al., 367 F. Supp. 2d 604 (S.D.N.Y. 2005) aff’d., 171 Fed. Appx. 902 (2d Cir. 2006). Representation of the musical group *NSYNC in an action for breach of contract and fraud brought by producer of large format motion picture *NSYNC Bigger Than Live. Secured summary judgment dismissing the suit; affirmed on appeal.
• Guardian Music Corp. v. James W. Guercio Enterprises, Inc., 459 F. Supp. 2d 216 (S.D.N.Y. 2006), aff’d. 271 Fed. Appx. (2d Cir. 2008). Representation of defendant music publisher in an action for breach of co-publishing agreement. Secured summary judgment dismissing claim to renewal term of song copyright; affirmed on appeal.
• The Chase Manhattan Bank v. AXA Reinsurance UK PLC et al., 294 A.D.2d 245, 741 N.Y.S. 2d 867 (1st Dept. 2002). Secured dismissal of independent film producer from multiple actions asserting fraud in connection with multi-billion dollar insurance backed film finance program, affirmed on appeal.
• Maeillo v. Brendan and Peter Brown, Case No. 13 181 05584. Trial counsel to musical group “Wheatus” securing judgment after bench trial that its agreement with its manager was void.
• Sid & Marty Krofft Pictures, Inc. v. Zeeks, et al., 00-12579. Trial counsel to *NSYNC securing dismissal of action claiming copyright infringement in puppets by virtue of the use of photos of the puppets in concert merchandise.
• Trans Continental Records, Inc. et al. v. Zomba Recording Corporation et al., 99-1282-Civ-Orl-22C (M.D. Florida). Successfully defended the musical group *NSYNC in a Lanham Act action brought by BMG Music and Louis Pearlman to enjoin the group from performing under the name *NSYNC and to compel the group to deliver master recordings to BMG. As a result, *NSYNC was permitted to leave the RCA Record label and release their No Strings Attached record through Jive Records.
• Batjac Productions, Inc. v. GoodTimes Home Video Corp., 160 F.3d 1223 (9th Cir. 1998). Trial and appellate counsel for defendant in copyright infringement action alleging infringement of copyright in unpublished screenplays for public domain motion picture; summary judgment granted to defendant and affirmed on appeal.
• Maljack Productions, Inc. v. GoodTimes Home Video, 81 F.3d 881 (9th Cir. 1996). Trial and appellate counsel for defendant in action alleging infringement of the copyrights in music used in public domain motion picture and unfair competition; summary judgment granted to defendant and full attorneys fees awarded.
• The Walt Disney Co. v. GoodTimes Home Video Corp., 830 F. Supp. 762 (S.D.N.Y. 1993). Trial counsel to defendant in action alleging infringement of the trade dress for videocassettes of Disney animated motion pictures; judgment for defendant after trial.
• Larball Publishing Co. v. CBS, Inc., 664 F. Supp. 704 (S.D.N.Y. 1987). Lead counsel to plaintiff in copyright infringement action, sustaining jurisdiction over all subsidiaries worldwide and recovery of worldwide profits from infringement.
• Davis v. Ross, 754 F.2d 80 (2d Cir. 1985). Appellate counsel to Diana Ross in libel action brought by former employee.

Representative Transactions:

• Intellectual property counsel to EM.TV in connection with the acquisition of The Jim Henson Company
• Intellectual property counsel to Madstone Holdings Inc. in connection with the acquisition of New Yorker Films

Peer Review Rating:

• AV Preeminent Rated by Martindale-Hubbell

Honors:

• Selected as a "Super Lawyer" in the Super Lawyers New York - Metro Edition in Entertainment and Sports (2007-2012)
• Selected as a "Super Lawyer" in the Super Lawyers - Corporate Counsel Edition in Entertainment (2009)
• Marvin M. Karpatkin Fellow in Civil Liberties
• American Civil Liberties Union (1976-1977)

Clerkship:

• United States District Court , Southern District of New York , Honorable Robert J. Ward (1974-76)

Presentations:

• Speech, Copyright Society, New England Chapter, “Slip Sliding Away: Termination Rights Under the Copyright Act,” April 2010
• Association of the Bar of the City of New York, Faculty, “Get Wired: Practicing Arts, Entertainment, Media and Sports Law in the Digital Age,” October 2000
• Practising Law Institute, Faculty, “Litigating Copyright, Trademark & Unfair Competition Cases for the Experienced Practitioner,” November 1996
• American Bar Association, Torts & Insurance Practice Section, Demonstration — “Jury Selection & Opening Statement,” April 1991
• American Bar Association, Torts & Insurance Practice Section, Speech, “What is a Defamatory Statement,” May, 1987
• Tenth Institute on Labor Law and Labor Relations, Speech, “Privacy Rights in the Workplace,” December 11, 1986
• New York City Chamber of Commerce and Industry, Speech, “Sexual Orientation Discrimination in the Workplace,” May 2, 1986
• New York State Bar Association, Faculty, “Update in Employment Law,” June 1, 1989
• New York State Bar Association, Faculty, “Updating Issues in Employment Law,” October 10, 1986
• New York State Bar Association, Panelist, Seminar on “Privacy of Corporate Employee Records,” June 20, 1984

Articles:

• The Federal Trademark Dilution Act of 1995 in Litigating Copyright, Trademark & Unfair Competition Cases for the Experienced Practitioner (Practising Law Institute), 1996
• Proceedings of the New York University 39th Annual Conference on Labor, "Employee Discharge: Defamation Through the Form of Termination" (Matthew Bender), 1986
• "Testimony of the American Civil Liberties Union, Customs Service Mail Openings," in Hearings Before a Subcommittee of the House Committee on Government Operations, 95th Cong., 1st Sess. 119-39, 1977
• Note, "Airport Searches: Fourth Amendment Anomalies," 48 NYU 1043, 1973

Social Media:

• LinkedIn Profile

Professional Memberships:

• Assn. of the Bar of the City of New York
• Copyright Society
• Community for Education Foundation, Inc. (Member, Board of Directors; Chair, Governance Committee)

Foreign Language Competencies:

• French