Intellectual Property
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Alan Behr, Charles LaPolla, Tod Melgar, and Barry Fishkin to attend the 2024 INTA Annual meeting in Atlanta, GA on May 18th.04/30/2024
Phillips Nizer partners, Alan Behr, Charles LaPolla, Tod Melgar and senior counsel Barry Fishkin from the firms Fashion Law, Intellectual Properties and Trademark practice groups, will be attending, the 2024 INTA Annual meeting in Atlanta, GA on May 18th.
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Tod Melgar Presented at the AIPLA Japan Committee Delegate in Tokyo and Osaka04/30/2024
Last week, Tod Melgar, partner and chair in the Patent Law Group Practice and member of the Intellectual Property and Litigation Practice Groups, visited Tokyo and Osaka as a Delegate with the Japan Committee of the American Intellectual Property Law Association.
The visit included meetings with Japan government offices and intellectual property associations, including the Intellectual Property High Court, Japan Patent Office (JPO), Japan Patent Attorneys Association (JPAA), Japan Trademark Association (JTA), Licensing Executive Society (LES), Japan Intellectual Property Association (JIPA), and International Association for the Protection of Intellectual Property (AIPPI).
The visit served to share and exchange ideas and updates on intellectual property issues in the United States and Japan. Mr. Melgar presented on Standard Essential Patents (SEPs) at a panel discussion with the Licensing Executive Society of Japan (LES-J) on April 15, and in mock Inter Partes Review proceedings in Tokyo on April 16, and for the JPAA-Kansai Branch in Osaka on April 19.
Learn more about AIPLA's IP Practice in Japan Committee, click here. -
Alan Behr Participated on a Panel at the Global Intellectual Property (IP) ConfEx Event Discussing "IP World: Current Issues, Gaining Insights, and Best Practices"10/18/2023
Alan Behr, Partner, Intellectual Property Practice and Chair, Fashion Practice at Phillips Nizer, participated in a panel discussion titled, “"IP World: Current Issues, Gaining Insights, and Best Practices", on October 17.
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Four Phillips Nizer Attorneys Participated in a Panel Discussion for the Business Of Women Entrepreneurs (WE) 2023 Annual Summit10/17/2023
Phillips Nizer was proud to sponsor the Business of Women Entrepreneurs (WE) 2023 Annual Summit on Oct 16. Regina E. Faul, chair of Phillips Nizer’s Employment and Labor Law practice facilitated a panel of the firm’s attorneys discussing what business owners need to know from a legal perspective. Panelists included: Amanda Benishai, Associate, Real Estate and Litigation, Caitlin Breen, Associate, Employment and Labor Law and Karr Washington, Associate, Intellectual Property.
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Thirteen Attorneys From Phillips Nizer Selected to the 2023 New York Super Lawyers List09/24/2023
Phillips Nizer LLP is pleased to announce that 13 lawyers have been selected to the 2023 New York Super Lawyers list. No more than five percent of the lawyers in New York are selected by Super Lawyers.
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Phillips Nizer’s IP Group Hosted Event On IP Fashion Law Updates Among International Lawyers at Raffles Singapore on May 1706/13/2023
On May 17, Alan Behr, Partner and Chair, Phillips Nizer IP Fashion Group, hosted a discussion on intellectual property law among an esteemed group of international attorneys who gathered for traditional afternoon tea in the Tiffin Room at the legendary Raffles Singapore. The event was held during the 2023 Annual Meeting of the International Trademark Association (INTA). Also in attendance from the firm was Tod M. Melgar, Partner and Chair, Phillips Nizer Patent Practice Group.
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Fashion Industry Blog Post - Dealing With Trademarks In The Metaverse - Hermes Wins MetaBirkins Lawsuit05/17/2023
As has been reported, the luxury design house of Hermès has prevailed in its trademark infringement lawsuit against the artist Mason Rothschild over his “MetaBirkins” NFT project, providing much-needed guidance on how to find a balance between trademark protection under the Lanham Act and artistic freedom of expression guaranteed by the First Amendment.
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Phillips Nizer Trial Team Receives Jury Verdict in Favor of Park Assist/TKH Security10/04/2022
Phillips Nizer LLP announces another victory in favor of its client TKH Security (formerly Park Assist), and against its competitor Indect USA, Corp. The Phillips Nizer team received a favorable jury verdict following trial in the Southern District of California.
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Alan Behr Co-edits Luxury Law, The Law Over Borders Comparative Guides 202207/01/2022
Mr. Behr, a partner in the Corporate & Business Law Department and Intellectual Property Practice, and chairman of the Fashion Practice at Phillips Nizer LLP, co-edited The Law Over Borders, a published work of comparative guides providing essential information on law and legal practice across the world comparing the legal frameworks of different jurisdictions.
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Helene Freeman to Discuss ADR and the Copyright Claims Board in Music Cases at the Music Business Association Conference05/09/2022
Helene Freeman will speak on a panel at the Music Business Association’s Conference, which will be held on May 9-12 in Nashville, discussing, “What's Your Fight Song?: Alternative Dispute Resolution and the Copyright Claims Board in Music Cases.”
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Phillips Nizer's Fashion Law Practice Holds Annual Fashion Law Interest Group Meeting in Washington, DC05/05/2022
Phillips Nizer's Fashion Law practice held its annual Fashion Law Interest Group Meeting in Washington, DC at the Hay Adams Hotel. The group's attendees include outside counsel representing fashion designers, luxury apparel and accessories companies and retailers, in-house counsel and retail executives.
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Federal Court Dismisses Lawsuit Against German Game Developer in Victory for Phillips Nizer04/11/2022
In a major and much-awaited victory for the video game industry, the Federal District Court for the Western District of Washington, in Seattle, dismissed all claims against our client InnoGames, the makers of the online multiplayer hit game Forge of Empires, and other defendants.
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Alan Behr Publishes New York Law Journal Article on the Impact of the Proposed New York State Legislature's Fashion Sustainability and Social Accountability Act03/09/2022 | New York Law Journal
Alan Behr published a New York Law Journal article on the proposed New York State Legislature's Fashion Sustainability and Social Accountability Act, a bill that stands to have a major impact on fashion companies operating in New York state as well as show hints of what may arise elsewhere.
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Alan Behr Appointed to Chair of the INTA’s Enforcement Sub-committee of the Copyright Committee01/03/2022
The International Trademark Association (INTA), a global association of brand owners and professionals dedicated to supporting trademarks and complementary intellectual property (IP) to foster consumer trust, economic growth appointed Mr. Behr Chair of the Enforcement Subcommittee, within the Copyright Committee, for a two-year term beginning January 1, 2022.
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Phillips Nizer Adds Trademark & Copyright Partner Charles LaPolla10/15/2021
Phillips Nizer LLP is pleased to announce that Charles P. LaPolla, a leading trademark and copyright attorney, has joined the firm as a partner in its New York office.
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Phillips Nizer Intellectual Property Legal Alert - Fake News, Fake Invoices (March 2021)03/25/2021
You've heard of fake news, but what about fake invoices? Beware of bogus notices and invoices from imposters.
Recently, there has been a proliferation of companies that pose as the U.S. Patent & Trademark Office (USPTO) which try to fool trademark owners into paying to them amounts needed to maintain or renew their trademarks. These fraudsters mail trademark owners phony notices with names and typefaces so realistic that even sophisticated clients have been fooled. -
U.S. News-Best Lawyers® (2021)11/05/2020
U.S. News - BestLawyers® recognized Phillips Nizer LLP as one of the nation's "Best Law Firms" for 2021. The annual rankings are presented in three tiers. A total of eleven areas of the firm's practice were recognized nationally and in the New York City metropolitan area. The rankings were announced on November 5, 2020.
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Alan Behr is quoted in IP Watchdog:The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks07/01/2020
“Interestingly, the owner of the mark BOOKING.COM admitted in oral argument before the court that it is a ‘weak mark,’ but the court found it to be a mark just the same. In my experience, marketers are rarely daunted by legal evaluations of the relative strength of marks. If a marketer loves a mark, whether it is as strong as titanium or as weak as tissue paper, he or she will usually go for it and let the law follow along as best it knows how. In this case, the law did just that.
What the case likely means is that there can be no automatic rejection of an application to register a mark that is simply a combination of a generic term such as ‘booking’ and a familiar top-level domain extension such as ‘.com.’ It does not, however, mean that any such combination would necessarily be registered as a trademark. That is, you cannot take any generic term and add “.com” to it and say you definitely have a registrable mark for any goods or services. Each case would still need to be examined on its own merits. The Supreme Court noted, for example, that ART.COM is already registered as a trademark but did not make a new rule that all such combinations are automatically registrable. What the case signifies is that, in the Internet age, top-level domain extensions, when added to generic terms might well create registrable marks. And that is news—an important clarification from the Supreme Court of how old law applies to the new tricks of electronic commerce.”
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Alan Behr is quoted in WTR: “A victory for any brand owner that has invested to build a brand”: Booking.com and legal experts react to Supreme Court decision07/01/2020
“You cannot take any generic term and add ‘.com’ to it and say you definitely have a registrable mark”
What the case likely means is that there can be no automatic rejection of an application to register a mark that is simply a combination of a generic term such as ‘booking’ and a familiar TLD extension such as ‘.com’. It does not, however, mean that any such combination would necessarily be registered as a trademark. That is, you cannot take any generic term and add ‘.com’ to it and say you definitely have a registrable mark for any goods or services. Each case would still need to be examined on its own merits. The Supreme Court noted, for example, that ART.COM is already registered as a trademark but did not make a new rule that all such combinations are automatically registrable. What the case signifies is that, in the internet age, TLD extensions, when added to generic terms might well create registrable marks. And that is news – an important clarification from the Supreme Court of how old law applies to the new tricks of electronic commerce.
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The Josh Gibson Foundation and Josh Gibson Enterprises name Ed Schauder, Chairman of the Sports Law Practice Group at Phillips Nizer, LLP, as its licensing agent0630/2020
Pittsburgh PA, June 30, 2020 – As part of its continued efforts surrounding the Negro Leagues Centennial Anniversary, The Josh Gibson Foundation and Josh Gibson Enterprises announced today that Ed Schauder, the Chairman of the Sports Law Practice Group at Phillips Nizer, LLP has been named authorized legal representative for licensing for both entities.
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Intellectual Property Partner and Fashion Practice Chair, Alan Behr, is quoted in World Trademark Review; We can be allies but that's not enough: call for IP community to do more to help black-owned SMEs06/17/2020
The Black Lives Matter movement has placed racial injustice and police violence at the centre of social and political discussion. It has also led to calls for consumers to support local black-owned businesses. The latter provides an opportunity for the IP community to step up and help ensure that SMEs have easy access to IP advice and services – with one legal expert stating: “This is something we absolutely can do.”
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Alan Behr is quoted by Law360: J.Crew Just First in Expected Flood of Retail Bankruptcies05/05/2020
Alan Behr, partner in the corporate and business law department at Phillips Nizer LLP and chairman of the firm's fashion practice, said many retailers have been laboring under highly leveraged balance sheets in recent years, and that an overnight elimination of their revenue streams spelled disaster for the most vulnerable companies, including J.Crew.
"When you have an up market, which we had for some time, you can squeeze by," Behr said of overleveraged companies. "But the moment things go bad, it's the companies that have poor cash positions that fall. And something bad happened in the market."
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Alan Behr is quoted in MarketWatch article: J.Crew was in trouble even before COVID-19 due to a big debt burden and failure to keep up with trends05/05/2020
NKE, -1.38% are in far better shape and are expected to gain market share in the crisis.
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Helene Freeman named as Law360's Legal Lion - March 13, 202003/13/2020
The full Ninth Circuit sided with Led Zeppelin on Monday and rejected a high-profile copyright lawsuit accusing the band of stealing the intro to "Stairway to Heaven" from a little-known song, landing the group’s attorneys at Davis Wright Tremaine LLP and Phillips Nizer LLP on this week’s legal lions list. Led Zeppelin and its affiliated music companies are represented by Peter J. Anderson of Davis Wright Tremaine LLP and Helene Freeman of Phillips Nizer LLP.
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Media - Alan Behr, Partner in the Intellectual Property Law Practice, is quoted by IP Pro Magazine regarding the filing of a European multimedia trademark application by a video game developer requesting the protection of its gory slow-motion kills appearing in its Sniper Elite games. | Read here05/09/2019 | IP Pro Magazine
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Media - Litigator Helene Freeman, Partner in our Intellectual Property and Entertainment Law Practices, quoted by Bloomberg Law in article about a lawsuit filed by muralists and the use of their street art without permission in ads by Mercedes Benz | Read here04/23/2019 | Bloomberg Law
“There have been many cases by graffiti artists, and they’ve generally prevailed...I don’t think fair use is a claim that can be articulated here. Mercedes used the art for what it was.”
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Accolade - Monica McCabe, Chair of the Intellectual Property Law Practice, has been recognized by the American Bar Association (ABA) Intellectual Property Law Section for her outstanding leadership contribution to the organization at their annual Section conference.04/15/2019
Monica has been a long-standing member of the ABA, and has served as the Copyright Program Co-Chair of the Intellectual Property Law Section’s annual conference for 3 years, and as the Co-Chair of the IP Webinar program prior to that.
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Media - Fashion Practice Chair, Alan Behr, comments on allegations of copyright infringement and trade dress protection involving COOGI, the Australian fashion brand made famous by rapper Biggie Smalls/The Notorious B.I.G., against the Brooklyn Nets, the NBA, Nike Inc., among others. | Read here03/21/2019 | Bloomberg Law
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Media - Alan Behr, member of the Intellectual Property Law Practice, has been quoted by IPPro magazine in the article, "Oracle v Rimini: The shifting sands of copyright". | Read here02/08/2019 | IPPro Magazine
The U.S. Supreme Court will resolve a conflict in the Circuits concerning whether the copyright statute's authorization of recovery of “full costs” includes costs, such as expert witness fees, for which recovery is not otherwise authorized under the general statutory provision defining recoverable costs in every federal case. Alan commented on that question and the broader problem of ambiguity and interpretation of a copyright statute dating from 1976—on that he believes is long overdue for overhaul or full replacement.
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Accolade - Alan Behr, Chair of the Fashion Law Practice, and Monica McCabe, Chair of the Intellectual Property Law Practice, selected to the World Trademark Review 2019 (WTR 1000), annual ranking of trademark professionals worldwide. | Read here02/04/2019 | World Trademark Review
As seen in the published directory:
Phillips Nizer colleagues Alan Behr and Monica McCabe both receive great feedback from the market: “Alan is hugely efficient in prosecution as well as in contentious matters and is especially effective in fashion and design cases.” “He has strong European ties, is very easy to communicate with and can move matters forward very fast.” “Extremely quick on her feet, Monica can handle a heavy workload with the utmost professionalism and an eye for detail. That she cares deeply about her clients really shows.” Behr chairs the firm’s fashion practice, while McCabe leads the IP group.
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Media - Alan Behr, Chair of the Fashion Practice, comments on New York City's new rezoning plan of the historic Garment District | Read the article01/17/2019 | The Commercial Observer
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Media - Alan Behr, member of the Corporate and Intellectual Property Law Practices, quoted and heavily referenced in IPPro The Internet article on Marvel publisher, Stan Lee12/11/2018 | IPPro The Internet
Alan Behr is referenced and quoted heavily in one of December's IPPro The Internet’s features, “A look at Marvel IP: Stan Lee’s passing shook the comic book industry and superhero film industry he inspired, leaving the question: what is the future of Marvel IP?” The legendary American comic-book writer, editor, and publisher, who was executive vice president and publisher of Marvel Comics, passed away on November 12, 2018.
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Media - Monica McCabe, Chair of the Intellectual Property Law Practice, mentioned in Bloomberg Law article highlighting hip hop artist and actor LL Cool J "Rock the Bells" trademark infringement case12/10/2018 | Bloomberg Law
Monica McCabe mentioned in Bloomberg Law article “LL Cool J May Luck Into ‘Rock the Bells’ Rights for Sirius Channel” highlighting a trademark infringement suit filed by hip hop artist and actor, LL Cool J (using his real name James Todd Smith), against a now-defunct concert promotion company Guerilla Union Inc. targeting its Rock the Bells Twitter handle, Facebook page and web domain.
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Press Release - Edward Schauder, Prominent Sports and Business Attorney Joins Phillips Nizer11/13/2018
Corporate Transactional Attorney Known for Protecting and Building Sports and Entertainment Brands
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Speaking Engagement/CLE Program - Helene Freeman, Litigation partner and member of the Intellectual Property and Entertainment Practices addresses "Copyright Licensing" on Mon., November 5, 2018 at the 2-day Practising Law Institute (PLI) program, "Understanding the Intellectual Property License 2018".11/05/2018 | Practising Law Institute
Licensing Intellectual Property can offer a practical and efficient strategy for companies looking to expand into a new market, enhance an existing product line, reduce costs or accomplish other business goals. The IP under consideration for license could be a patent, copyright, or trademark, software or any combination of these properties.
As this approach becomes increasingly common across industries, counsel who are new to licensing
IP must understand the complex range of issues that may arise when licensing a mix of intellectual
property types.
This program is designed for intellectual property specialists, corporate counsel and general practitioners who are interested in learning how to license and protect various forms of intellectual property.
DETAILS AND REGISTRATION HERE -
Super Lawyers® (2018)09/13/2018
Seventeen Phillips Nizer attorneys were announced on September 13, 2018 as selected for inclusion on the 2018 New York Metro Super Lawyers and Rising Stars lists. Attorneys represented a cross-section of several practice areas and industry teams.
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U.S. News - BestLawyers® (2019)08/15/2018
Best Lawyers® recognized Alan Behr, Helene M. Freeman, Michael W. Galligan, Donald P. Perry, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener.
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Media - Bloomberg BNA quotes Monica McCabe, Chair of the Intellectual Property Practice, regarding the European Union’s efforts to limit food names based on geography, prompting concerns from U.S. cheese producers who fear being prohibited from using generically-named cheese products.06/15/2018
The article, “Cheese Makers Fear EU Name Limits Curdle Profits,” also appears in the Intellectual Property section of Bloomberg Law.
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Speaking Engagement - Tennessee Intellectual Property Association (TIPLA) | Spring CLE Seminar featuring Helene M. Freeman05/04/2018
Intellectual Property and Entertainment Law partner Helene Freeman addresses copyright issues in the music business at TIPLA's Spring Seminar in Nashville, Tennessee.
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Super Lawyers® (2017)09/20/2017
It was announced on September 20, 2017, that sixteen Phillips Nizer attorneys were selected for inclusion on the 2017 Super Lawyers list. Alternative Dispute Resolution, Banking, Business Litigation, Entertainment, Intellectual Property, and Trusts & Estates practices were represented.
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Super Lawyers® (2016)10/21/2016
On September 21, 2016 it was announced by Super Lawyers® that twenty-three Phillips Nizer attorney were selected for inclusion on the 2016 Super Lawyers and 'Rising Stars' lists. This is the second consecutive year the firm has had twenty-three lawyers recognized.
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U.S. News-BestLawyers® (2016)08/17/2015
In an announcement on November 2nd by U.S. News-Best Lawyers®, Phillips Nizer was recognized as one of the 2016 "Best Law Firms" in the nation ranking highly nationally in Trusts & Estates Law, Copyright Law and Trademark Law. The firm was also ranked in the New York City Metropolitan area in Trusts & Estates Law, Copyright Law, Family Law, Intellectual Property Litigation and Trademark Law.
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U.S News-Best Lawyers® (2014)10/01/2014
The Firm was recognized as one of the nation's "Best Law Firms" for 2014 achieving First Tier National rankings in Trusts & Estates Law and Trademark Law, and a National Second Tier ranking in Copyright Law. In addition, the Firm received Metropolitan — New York City rankings in the First, Second and Third tiers.
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Super Lawyers® (2015)10/01/2014
Phillips Nizer was honored to announce that twenty-three of its attorneys were recognized as 2015 Super Lawyers® and Rising Stars. Attorneys who were recognized represented over a dozen practice areas. The annual Super Lawyers® lists are a result of confidential peer review and independent research.
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Super Lawyers® (2014)10/01/2014
In an announcement on September 23, 2014, twenty-six Phillips Nizer attorneys were recognized on the Metro New York 2014 Super Lawyers® and Rising Stars lists. Twenty-two partners, senior counsel and counsel were selected as Super Lawyers. Four counsel and associates were selected as Rising Stars. The 2014 selections crossed all major practice groups. The annual Super Lawyers® lists are a result of confidential peer review and independent research.
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Super Lawyers® (2013)10/01/2013
Nineteen Phillips Nizer attorneys were selected by Super Lawyers® and recognized in the 2013 New York Super Lawyers - Metro Edition publication. As was the case in 2012, attorneys selected represented several practice areas. The Firm achieved a significant increase in the number of honorees, including one recognized as a "Rising Star". Each year, attorneys are nominated across various legal practices and vetted through a process of confidential peer review. Independent research by the publisher is an important component before one can be selected as a "Super Lawyer".
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U.S. News-Best Lawyers® (2013)10/01/2013
For the second consecutive year, Phillips Nizer was honored as one of the nation's "Best Law Firms". The Firm received high ranks the areas of Trusts & Estates Law, Trademark Law, Copyright Law and Family Law.
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Super Lawyers® (2012)09/21/2012
Phillips Nizer was honored with the selection of twelve of its attorneys for the 2012 New York Super Lawyers – Metro edition. The attorneys were recognized across seven practice areas — Alternative Dispute Resolution, Entertainment Law, Environmental Law, Estate Planning & Probate Law, Family Law, General Litigation, and Real Estate Law.